R&D Education INC (SARA™)

TERMS AND CONDITIONS OF APP USE

Use of this App is subject to the conditions, terms and limitations (“Terms”) specified below in this agreement (“Agreement”). Limited, non-exclusive access to and use of this App by any individual, corporation or entity (hereinafter referred to as “User” and/or “You”) is granted solely on the basis that the user acknowledges that he/she has read and fully understands the conditions set forth within the App and agrees to strictly abide by the Terms. Use of the App signifies full acknowledgment that user has read the Terms set forth herein and agrees to fully abide by the Terms.  R&D Education Inc reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms or any other conditions herein at any time. Such modification shall be effective immediately upon posting. By using this App after notice of such modifications has been posted, the user agrees to be bounded by such revised terms and conditions.

SARA™ App Material

R&D Education Inc. (“R&D” or “Company”) owns the intellectual property rights in the SARA App and the contents of the SARA App, including but not limited to the content, materials, graphics, design, user interface, photographs, audio clips, video clips, and the scripts and software used to implement the SARA App.  Subject to the license below, all these intellectual property rights are reserved by R&D.

The content on this App, including, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks and other intellectual property rights that are owned and controlled by R&D.   No portion of the SARA App may be reproduced in any form or by any means.  You agree not to modify, rent, lease, loan, sell, distribute, or create derivate works based on this App in any manner.

The SARA mark is owned by R&D.  You cannot use the SARA mark in connection with any product or service without the prior written consent of R&D.  The content of the SARA App, including but not limited to the materials, workbooks, plans, photographs, graphics, video, audio, interface, script and software, are all protected by the copyright laws of the United States.

Use of This App Is Strictly Limited

This App can only be used for personal educational use of individual student licensees. You are prohibited from using his App for the purpose of getting ideas for creating a similar or competitive App or product, or for the purpose of using it to copy the functionality or features of this App. Any use, copy, reproduction or distribution of the contents or information, or any portion thereof, of this App for anything other than your own personal educational use is strictly prohibited.

You agree that you may NEVER:

●        Use this App for the purpose of getting ideas to create a similar App, or to copy its functionality or features.

●        Take any screenshots of this SARA App or its contents or material.

●        Copy, share, store, distribute or republish any of the contents or material on this SARA App.

●        Share or allow anyone to use your username or password.

●        Use, obtain, attempt to obtain, or reverse engineer the source code, scripts, or software used in this SARA App.

●        Copy or use the contents and material on this SARA App for any commercial purpose or for any other purpose apart from your own personal educational use.

●        Record, download, distribute or republish any of the content, video or audio recordings, of this SARA App.

●        Use the App or the content from the App to abuse, harass, threaten, deride, mock, defame, impersonate or intimidate any person.

Without the prior written consent of R&D, your use of the content for any non-personal commercial use, violates the rights of the owner and its trademarks, service marks and other proprietary rights. As a condition of use, you warrant to R&D that you will not use the App for any purpose that is unlawful or otherwise prohibited by these conditions.

Consequences of Violation of These Use Restrictions and Other Terms and Conditions

Any violation of the conditions stipulated herein shall immediately terminate the violator’s permission to utilize the App.  R&D may take whatever action as R&D deems appropriate to deal with any breach of these Terms, including suspending your access to the SARA App, prohibiting you from accessing the App, blocking computers or devices using your IP address from accessing the APP, and/or bringing court proceedings against you.  R&D may disable your user ID and password in R&D’s sole discretion, without notice or explanation.

If you use this App for any purposes other than your personal educational use, or you violate the use restrictions in any other way, you shall be required to account and disgorge to R&D all of the gross revenues that you have derived, directly or indirectly, from your use of the App.  In addition, R&D shall be entitled to an award against you and anyone who was working in concert with you for all of R&D’s damages including but not limited to lost profits and consequential damages, temporary and permanent injunctive relief, an award for all of the costs and attorney’s fees (including appeals) incurred by R&D in connection with enforcing these terms and conditions, and such other legal and equitable relief the court deems appropriate.

R&D reserves the right to change, limit, or discontinue any aspect, content, or feature of this SARA App, as well as any aspect pertaining to the use of the App at any time and without notice.

Disclaimer or Warranties and Liability

All content on this App is provided “as is” and “as available”, with all faults and without warranties of any kind either express or implied. Other than those warranties which under the laws applicable to these terms, are implied by Law and are incapable of exclusion, restriction, or modification, R&D, disclaims any and all warranties, expressed or implied, including, but not limited to Implied Warranties of Merchantability, Fitness for a Particular Purpose, Accuracy, Non-Infringement of Intellectual Property or Arising from the Course of Dealing, Usage or Practice. Neither R&D, its affiliated or related entities, nor the providers, nor any person involved in the creation, production, and distribution of this App warrants that the functions contained in this App or the R&D website will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The content that you access on this App is provided solely for your convenience and information. R&D does not warrant or make any representations regarding the results that may be obtained from the use of this App, or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of the App.

You expressly agree that use of this App is at your sole risk.  You assume the entire cost of all necessary servicing, repair or correction of your system should such failure occur.

You expressly agree that R&D, nor its affiliated or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of this App, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential or punitive), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of this App or any other linked site. R&D’s limitations on liability for loss shall include but not be limited to the following:

R&D SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DEFECT, DELAY IN OPERATION, COMPUTER OR iPad VIRUS, LOST PROFITS, LOST REVENUE, SPECIAL DAMAGES, INCIDENTAL DAMAGES, THEFT OF INFORMATION, DELETION OF INFORMATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS APP. R&D SHALL NOT BE RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS TO ITS APP OR ITS WEBSITE OR THIRD PARTIES. R&D’S LIABILITY FOR ANY AND ALL OTHER LOSSES OR CLAIMS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You accept that, as a corporate entity, R&D has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against R&D’s officers or employees in respect of any claims or alleged losses you suffer in connection with the SARA App.

By using this App, you agree that the exclusions and limitations of liability set out in these Terms are reasonable.

Indemnification

Any person that violates the conditions set forth herein agrees to indemnify, defend, and hold harmless R&D, its directors and officers from and against all losses, expenses, damages and costs including reasonable attorneys’ fees, resulting from any violation of the conditions.

Web Payment

R&D permits its customers to make payments and orders through the App or its online website.  Products and prices are clearly marked and itemized. Once a product is selected, the transaction cannot be cancelled through the App. R&D shall have no duty to provide a refund of buyer’s purchase price. In the event that any costs are incurred by R&D due to a transaction is processed through the App or the Website, the user will be held liable and shall hold R&D harmless for any and all costs incurred, including reasonable attorneys’ fees.

In no event shall R&D be held liable for any damages whatsoever, including but not limited to direct, special, indirect, incidental or consequential damages for lost profits, lost revenue or use arising out of or related to the use of the App, the company’s website,  online link, the inability to use the App or site, the contents of the App, including damages caused by or related to interruptions, defects, delays, or computer viruses, irrespective of R&D’s knowledge of such defect.

Privacy

It is R&D’s policy to treat any information submitted through an App or website transaction as confidential. However, it is expressly noted that information submitted by a user may be processed through the user’s financial institution and may require the submittal of user’s information to the financial institution or user’s credit card company. R&D may transmit a user’s information in order to comply with a request of a government agency or a court order.

Modification of Terms of Use

This Agreement (and any agreement, rule, or policy relating to the R&D SARA™ Software or Services) may be modified by the Company at any time by publication through the App or by sending each User an email. You are responsible for regularly reviewing the App and the Company’s website to obtain timely notice of such modifications. You shall be deemed to have accepted such modifications by continuing to use the site after such modifications have been posted or you have been alerted by email. In the event that you object to any material changes to the terms and conditions of this Agreement, your sole and exclusive remedy will be to terminate this Agreement and to cease using the Service.

Assignment

R&D may transfer, sub-contract, or otherwise deal with R&D’s rights and/or obligations under these terms without notifying you or obtaining your consent.

You may not transfer, assign, sub-contract or otherwise deal with your rights and/or obligations under these terms and condition.  Any attempted unauthorized transfer, assignment or sub-contract shall be null and void.

Jurisdiction, Venue and Interpretation

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.  Exclusive venue for any disputes shall be in the state or federal courts in Broward County, Florida.  Each party consents to personal jurisdiction in the State of Florida, and waives any objection based on inconvenient forum.  The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.  If a court rules as invalid any provision of this Agreement or the application of any provision to any person or circumstance, the remainder of this Agreement shall not be affected thereby.

Entire Agreement & Term

This Agreement forms the entire agreement between You and Company. The subscription period defines the term of this Agreement unless it is either terminated or modified by the Company, at its sole discretion, or until the Subscription Period terminates. Upon termination of this Agreement, Licensee agrees to cease use of the SARA App.

Refunds

R&D does not issue refunds for non-usage of the system. We understand there are exceptional circumstances. Therefore, we will carefully review each petition for a refund and make decisions based on our billing policies. For transactions using PayPal, no refunds after 60 days can be made as per PayPal’s agreement.

Payment Options

R&D accepts Visa, MasterCard, Discover, American Express, and PayPal only.

Special Offers & Price Changes

R&D may run special offers on our site from time to time. These offers are subject to change at any time. Pricing may vary and changes made by R&D become effective at the start of the next billing cycle.

Passwords

Your password gives you access to the App. Please take appropriate measures to keep your password confidential.  You shall not share your password with any other person or entity.  You will be responsible for all activities that occur under your password regardless of whether you are the person who took such actions. If your password becomes disclosed, please advise R&D. A new password will then be issued, and your previous password will be eliminated.