These Website Terms and Conditions (these “Terms”) set forth the general terms and conditions of your use of the www.suralink.com website including any content, functionality, and services offered on or through www.suralink.com (the “Website”). These Terms are a legally binding agreement between you (“User,” “you” or “your”) and Suralink, Inc. (“Suralink,” “we,” “us” or “our”). By accessing and using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not want to agree to these Terms, you must not access or use the Website.

LINKS TO OTHER RESOURCES

The Website may contain links to other sites and resources provided by third parties. Any such links are provided for convenience only, and we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any such resources. We have no control over third-party websites and resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or resources linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

PROHIBITED USES

In addition to any other restrictions set forth in these Terms, you are prohibited from using the Website:

• For any unlawful purpose;
• To solicit others to perform or participate in any unlawful acts;
• To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• To submit false or misleading information;
• To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, third party products and services, or the Internet;
• To spam, phish, pharm, pretext, spider, crawl, or scrape;
• For any obscene or immoral purpose; or
• To interfere with or circumvent the security features of the Website, third party products and services, or the Internet.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

INTELLECTUAL PROPERTY RIGHTS

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. These Terms do not transfer to you any intellectual property owned by Suralink or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Suralink. All trademarks, service marks, graphics and logos used in connection with the Website, are trademarks or registered trademarks of Suralink or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website does not grant you any right or license to reproduce or otherwise use any trademarks of Suralink or third parties.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event will Suralink, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Suralink and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount of one dollar ($1.00). The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

INDEMNIFICATION

You agree to indemnify and hold Suralink and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third- party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Website or any willful misconduct on your part.

STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS.

If User is a qualified public educational or government institution, and any provision of these Terms, such as, by way of example, all or part of the preceding indemnification provision, is invalid or unenforceable against User because of applicable state or federal law, then such provision shall be deemed invalid and unenforceable, as the case may be, and instead construed in a manner most consistent with applicable law.

CHANGES AND AMENDMENTS

We reserve the right to modify these Terms at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of these Terms will be effective immediately upon the posting of the revised Terms unless otherwise specified. Your continued use of the Website after the effective date of the revised Terms (or such other act specified at that time) will constitute your consent to and acceptance of those revised Terms.

CONTACTING US

If you have any questions, concerns, or complaints regarding these Terms, we encourage you to contact us at support@suralink.com.

This document was last updated on October 6, 2023