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Your use of this web site (the “Website”) is subject to the terms of a legal agreement between you and Surterra Holdings, Inc., a Delaware corporation (the “Company” or “Surterra”). Unless otherwise agreed in writing with the Company, your agreement with us includes the terms and conditions set out in this document and the terms of any legal notices applicable to the Website which we may make available to you (collectively, the “Terms”). In these Terms, “you” or “your” means any person or entity using the Website. Unless otherwise stated, “we,” “us” or “our” will refer collectively to the Company and its parent, subsidiaries, affiliates, directors, officers, members, shareholders, employees, agents and contractors. Please read these Terms carefully before using the Website.
The Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Website constitutes your agreement to these Terms, and you acknowledge and agree that these Terms also apply to your use of any data, documents or other materials available via the Website. You may not access the Website or accept these Terms if (a) you are not of legal age to form a binding contact with us or (b) you are a person barred from accessing the Website under the laws of the United States or any other country, including the country in which you reside or from which you access the Website. If you are using the Website with a minor, you hereby represent and warrant that you are the parent or legal guardian of such minor and that you, not the minor, are using the Website for the purposes of these Terms.
You may incur charges incidental to the Website, for example, charges for Internet access, international and/or long distance phone service, text messaging, or other data transmission. You are responsible for the payment of any and all such charges.
MODIFICATION OF THESE TERMS
Surterra reserves the right to change these Terms at any time without notice by posting such revised or updated Terms on the Website. We will treat your use of the Website as acceptance of these Terms. If you continuously access the Website, you are required to periodically check our Terms for any changes and are deemed to have accepted the then-current Terms at the time of such access.
The Website may contain links to other web sites in order to access to third-party material or may bring third-party material into the Website via “inverse” hyperlinks and framing technology (“Linked Sites”). The Linked Sites are not under the control of Surterra and Surterra is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Surterra is not responsible for webcasting or any other form of transmission received from any Linked Site. Surterra is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Surterra of the site or any association with its operators. You acknowledge and agree that the Company is not liable to you as a result of the availability of a Linked Site, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such Linked Site. It is your responsibility to become familiar with each web site’s privacy and other policies and terms of service, and to contact that web site’s webmaster or site administrator with any concerns. Additionally, we prohibit caching unauthorized hypertext links to the Website and the framing of any content available via the Website. We reserve the right to disable any unauthorized links or frames, and specifically disclaim any responsibility for the content available on any other web sites linked to the Website. You may not create a link to the Website without our express written permission.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you agree not to use the Website for any purpose that is unlawful or prohibited by these Terms, including without limitation (a) accessing (or attempting to access) the Website or any materials or information provided through the Website by any means other than through the user interface that is provided by us, (b) using any of our trade names, trademarks, service marks, logos, domain names, or brands, (c) selling, reselling, reproducing, duplicating, copying, transferring or trading the Website or information provided by the Company (other than content that is provided by third parties) for any purpose without express written consent of the Company, (d) using the Website for any purpose other than its intended purpose, (e) taking any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure or that interferes with any other party’s use and enjoyment of the Website including, without limitation, submitting a virus to our websites, overloading, “flooding”, “spamming”, “mailbombing” or “crashing,” (f) notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the content of the Website, or (g) framing or linking to any content or information available from the Website.
If you are accessing the Website from a mobile device, you hereby represent and warrant that such device has not been, nor will be, rooted or unlocked or that any jailbreak software, solution or functionality has been used or will be used on such device.
You are also prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities: (1) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without written authorization from the Company, (2) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (3) using the Website to create, transmit, distribute, or store material that (A) violates the intellectual property rights of third parties, (B) violates the privacy, publicity, or other personal rights of third parties, (C) impairs the privacy of communications of any party, or (D) assists or permits any persons in engaging in any of the activities described above. Violations of system or network security may result in civil and/or criminal liability.
You understand that all information, data, text, documents, software, graphics, video, advertisements, messages, files, third party links or other materials which you may have access to via the Website are the sole responsibility of the person from which such content originated, including without limitation any and all data, forms and documents from third party sources. We do not guarantee that any such material provided obtained from third parties, including healthcare providers, is current, complete, accurate or truthful or that such third party has the requisite permissions and authorizations to upload such content. You acknowledge that any reliance on such material will be at your own risk. Further, you acknowledge and agree that we are not responsible for any decisions you make based upon content and the Website, including but not limited to decisions based upon your use of data, documents or other information made available via the Website.
Surterra does not claim ownership of the materials you provide, input or submit to Surterra (including feedback and suggestions and collectively, the “Feedback”). However, by providing or submitting your Feedback you are granting Surterra, its affiliated companies and any sublicensees a worldwide, perpetual, sublicensable, royalty-free license to use your Feedback in their sole discretion including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Feedback; and to publish your name in connection with your Feedback. Surterra is under no obligation to use any Feedback you may provide. By providing or submitting your Feedback you warrant and represent that you own or otherwise control all of the rights to your Feedback as described in this section including, without limitation, all the rights necessary for you to provide, input or submit the Feedback.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE INFORMATION AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SURTERRA WEB SITE ARE PROVIDED “AS IS” AND THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE DATA, DOCUMENTS OR MATERIALS PROVIDED VIA THE WEBSITE AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, INCLUDING (A) ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, (B) THAT ACCESS TO THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (C) THAT THE USE OF, OR THE RESULTS FROM THE USE OF, THE WEBSITE OR THE CONTENT WILL BE CURRENT, CORRECT, COMPLETE, ACCURATE, RELIABLE OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR OTHER ISSUES THAT MAY ARISE FROM THE DOWNLOAD OR USE OF MATERIAL OR DATA VIA THE WEBSITE. FURTHER, ANY INFORMATION RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF SOME OF THE IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SURTERRA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE INFORMATION YOU RECEIVE THROUGH YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING MEDICAL ADVICE, TREATMENT OR DIAGNOSIS OR ANY OTHER HEALTHCARE-RELATED INFORMATION. TO THAT END, YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS AGAINST SURTERRA THAT MAY ARISE FROM OR MAY BE RELATED TO YOUR RECEIPT OF SUCH INFORMATION VIA THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SURTERRA, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE OR ANY RELATED SERVICE, OR FOR ANY INFORMATION, CONTENT, DATA, DOCUMENTS OR MATERIALS OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
In the event that you use the Website, or any portion thereof, in any manner not authorized by us, or if you otherwise infringe any intellectual property rights or any other rights relating to other users, you agree to indemnify and hold the Company, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including attorneys’ fees, incurred by them as a result of unauthorized use of the Website and/or your breach or alleged breach of these Terms.
Surterra reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time without notice; provided, however that these Terms will continue to apply after such termination with respect to (A) any content you have downloaded from the Website or (B) any other legal rights, obligations and liabilities that you have been subject to (or which have accrued over time while these Terms have been in force) or which are expressed herein to continue indefinitely. The “Arbitration; Governing Law” section below shall continue to apply to all such rights, obligations and liabilities indefinitely.
ARBITRATION; GOVERNING LAW
You agree that any dispute, claim or controversy arising hereunder or relating in any way to these Terms, shall be settled by binding arbitration in Fulton County, Georgia, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of Georgia, without giving effect to its conflict of laws rules. The parties hereto hereby waive their respective right to trial by jury of any cause of action, claim, counterclaim or cross-complaint in any action, proceeding and/or hearing brought by any party against another on any matter whatsoever relating to, resulting from, arising out of, or in any way connected with these Terms, or any amendment or breach hereof, including, without limitation, any claim or injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect.
You agree that the following will not be subject to arbitration: (a) any dispute over the validity of any party’s intellectual property rights, and (b) any dispute related to or arising from allegations associated with unauthorized or prohibited use of the Website.
To the maximum extent permitted by law, these Terms are governed by the laws of the State of Georgia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Fulton County, Georgia, U.S.A. in all disputes arising out of or relating to the use of the Website. Notwithstanding the foregoing, you agree that the Company shall be permitted to apply for injunctive remedies (or equivalent type of urgent legal relief) in any jurisdiction.
The Company makes no representation that the Website is appropriate or available for use in locations outside the United States. Accessing them from territories where its content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
COPYRIGHTS AND TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The Website is protected under United States and foreign copyright, trademark (and other) laws. Unauthorized use of the Website may violate these laws, and is strictly prohibited. You acknowledge and agree that the Company (or our licensors) own all legal right, title and interest in and to the Website, including any intellectual property rights related thereto. You agree, (a) not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Website and (b) not to sell, reproduce, display, publicly perform, distribute, or otherwise use the Website in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company or its licensors, that dilutes the strength of our or our licensors’ property, or that otherwise infringes our or our licensors’ intellectual property rights. Any rights not expressly granted herein are reserved.
We respect the intellectual property rights of others and require users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will address the claims of copyright infringement committed via the Website if such claims are reported to our designated DMCA Copyright Agent identified below. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material.
Our DMCA Copyright Agent to receive notices of infringing material is:
Surterra Holdings, Inc.
RE: DMCA Notice
318 Cherokee Avenue, Atlanta, GA 30312
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (a) description of the copyrighted work that is the subject of claimed infringement, (b) description of the infringing material and information sufficient to permit us to locate the alleged material, (c) contact information for you, including your address, telephone number and/or e-mail address, (d) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law, (e) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed, and (f) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Surterra as a result of these Terms or use of the Website. Surterra’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Surterra’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Surterra with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Surterra with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Surterra with respect to the Website. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be drawn up in English.
Surterra Holdings, Inc., a Delaware corporation (the “Company” or “Surterra”), provides this Privacy Statement to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of this web site (the “Website”). Throughout this Privacy Statement, “you” or “your” shall refer to any person or entity using the Website and, unless otherwise stated, “we,” “our” or “us” will refer collectively to Surterra and its subsidiaries, affiliates, directors, officers, members, shareholders, employees, agents and contractors. At Surterra, we are committed to protecting your privacy online. Our pledge is to safeguard any information that we collect on the Website, which is associated with you and your name, in accordance with this Privacy Statement. We may revise and update this Privacy Statement at any time without notice by posting such revised or updated Privacy Statement on the Website. Any changes to this Privacy Statement will become effective upon posting such revisions or updates. You are required to periodically check our Privacy Statement for any changes, if you continuously use the Website. Your continued usage of the Website will mean that you accept those changes.
By accessing the Website, you agree to the terms contained in this Privacy Statement and any documents incorporated by reference. You further agree that this Privacy Statement forms a legally binding contract between you and Surterra. Please read this Privacy Statement carefully as it affects your rights and liabilities under law. If you disagree with the way we collect and process Personal Information (as defined below) collected on the Website, please do not use the Website.
COLLECTION AND USE OF YOUR PERSONAL INFORMATION
Surterra may collect personally identifiable information, such as your e-mail address, name, home or work address or telephone number (“Personal Information”) only to the extent that you provide such information to us in connection with a request or other information submitted through the Website. Surterra may also collect anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites, if such information is made available to us.
Surterra collects and uses your Personal Information to operate, develop, improve and advertise the Website and deliver any service you have requested. Surterra may also use your Personal Information to inform you of other products or services available from Surterra and its affiliates. Surterra may also contact you via surveys to conduct research about your opinion of current products and services or of potential new products services that may be offered. In additional, we may also use your Personal Information for internal purposes such as auditing, data analysis and research to improve the Website and customer communications, and to inform you about changes to the Website, system maintenance and outage issues, or otherwise to troubleshoot problems.
Surterra does not sell, rent or lease its customer lists to third parties. Surterra may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your Personal Information is not transferred to the third party. In addition, Surterra may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your Personal Information except to provide these services to Surterra, and they are required to maintain the confidentiality of your information. Surterra does not use or disclose sensitive Personal Information, such as race, religion, or political affiliations, without your explicit consent.
DO NOT UPLOAD OR SUBMIT ANY INFORMATION TO OR INTO THE WEBSITE THAT YOU DO NOT WANT TO BE SHARED OR USED IN THE MANNER DESCRIBED HEREIN.
DISCLOSURE OF PERSONAL INFORMATION
Notwithstanding the foregoing, Surterra reserves the right to disclose your Personal Information, without notice, if required to do so by law or upon the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Surterra or the Website; (b) protect and defend the rights or property of Surterra and our affiliates; (c) prevent a crime or protect national security or; (d) act under exigent circumstances to protect the personal safety of users of the Website, or the public.
We also reserve the right to disclose Personal Information and/or other information about users that we believe, in good faith, is appropriate or necessary to enforce our agreements, take precautions against liability, investigate and defend ourselves against any third party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights of Surterra, our users and others.
SECURITY OF YOUR PERSONAL INFORMATION
Surterra uses commercially reasonable efforts to secure your Personal Information from unauthorized access, use or disclosure and to store the Personal Information on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When Personal Information is transmitted to other web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. PLEASE BE AWARE THAT NO SECURITY MEASURES ARE PERFECT OR IMPENETRABLE, AND NO METHOD OF TRANSMISSION OVER THE INTERNET, OR METHOD OF ELECTRONIC STORAGE, IS 100% SECURE. WE ARE NOT RESPONSIBLE FOR THIRD PARTY CIRCUMVENTION OF ANY PRIVACY OR SECURITY MEASURES OF SURTERRA.
COLLECTION AND USE OF NON-PERSONAL INFORMATION
There is also information about your computer hardware and software that is automatically collected by Surterra. This information can include your web request, Internet Protocol address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, referring web site addresses, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser (much of this information is collected through web beacons). This information is used by Surterra for the operation of the Website, to maintain quality of our products and services, and to provide general statistics regarding use of the Website. Surterra keeps track of the web sites and pages our customers visit within Surterra, in order to determine what Surterra products and services are the most popular. This data is used to deliver customized content and advertising within Surterra to customers whose behavior indicates that they are interested in a particular subject area.
The Website also uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Website pages, a cookie helps Surterra to recall your specific information on subsequent visits. This simplifies the process of recording your Personal Information. When you return to the same Website, the information you previously provided can be retrieved, so you can easily use the Website features that you customized.
You have the ability to accept or decline cookies or to disable collection of information received from web beacons by modifying your browser settings. If you choose to decline cookies and disable web beacons, you may not be able to fully experience the interactive features of the Website.
The Website are not directed to individuals under 18 years old, and we do not knowingly collect Personal Information from persons under 18 years old. If we learn that we have collected Personal Information from a person who is under 18 years old, we will take reasonable steps to delete such information from our files as soon as possible. If you believe that we might have any Personal Information from a child under age 18, please contact us by email at [email protected]
PHISHING OR FALSE EMAILS
If you receive an unsolicited email that appears to be from us or one of our customers or users that requests Personal Information, or that asks you to verify or confirm Personal Information by clicking on a link, that email was likely to have been sent by someone trying to unlawfully obtain your information, sometimes referred to as a “phisher” or “spoofer.” We do not ask for this type of information via email. Do not provide the information or click on the link. Please contact us at [email protected] if you receive an email like this.
Surterra welcomes your comments regarding this Privacy Statement. If you believe that Surterra has not adhered to this Privacy Statement or to report any security violations, please contact Surterra at [email protected] We will use commercially reasonable efforts to promptly determine and remedy the problem.