Terms of Use | SOAR Education, Inc.

SOAR Education, Inc. TERMS OF USE

This Terms of Use (the “Agreement”) governs Your use of the SOAR Education, Inc. website. Our service is available for your use only on the condition that You agree to the terms and conditions set forth below, all with the intention to form a legally binding agreement. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THIS SITE.

1. USER ELIGIBILITY

The services provided by SOAR Education, Inc. (“SOAR”) are available only to entities and people who can form a legally binding agreement(s), under applicable law, and are accepted by you the user (“You” or “User”). If You do not qualify or if you will not agree to these terms, please do not use SOAR’s services or this Site.

2. DESCRIPTION OF SERVICE

SOAR provides Users with online access to nature center events, workshop activities, promotions, and other materials (the “Services”). SOAR may also provide new features which shall be subject to these Terms of Use. YOU UNDERSTAND AND AGREE THAT THE SERVICE AND MATERIALS ARE PROVIDED AS-IS AND THAT SOAR ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS. SOAR may, without prior notice, change the Services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

3. GENERAL PRACTICES REGARDING USE

You acknowledge and agree that SOAR may establish general practices and limits concerning the use of the Service, including without limitation, restrictions on accessing the Service in any given period of time. You agree that SOAR has no responsibility or liability for the deletion or failure to store any communications or data collected, maintained, or transmitted by the Service. You acknowledge that SOAR reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

4. YOUR OBLIGATIONS

In consideration for Your use of the Service You agree that if you decide to send us or call us with information about You: (a) You will provide true, accurate, current, and complete information about Yourself (”Your Information”) and (b) to maintain and promptly update Your Information and any other information provided by You to SOAR to keep it true and accurate, current and complete.
You are solely responsible for Your Information. However, we reserve the right to take any action with such information we deem necessary or appropriate, in our sole discretion, if we believe that it may create liability for SOAR.

You agree that You will use the Service in a manner that complies with all applicable, international, federal, state, and local laws and You acknowledge that You are solely responsible for Your Information, as hereinafter defined, that You upload, download, transmit, or otherwise process using the Service, or otherwise, compromise the integrity of the Services provided.

You agree that Your Information will not:

Impersonate any person or entity, including, but not limited to, a SOAR official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of Your Information transmitted through the Service.

5. SPECIAL ADMONITION FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct, Your Information, and the purchase of parts from the Service. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data imported or exported from the United States or the country in which You reside as well as sale restrictions in the country in which You reside.

6. RESTRICTIONS ON USE

All pages within this Web site and any material made available for download (“collectively the Site”) are the property of SOAR and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. SOAR authorizes You to view or download the material(s) on SOAR solely for Your personal use if You include the following copyright notice: “Copyright 2021, SOAR Education, Inc.” You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials and shall comply with any applicable end-user license agreements. You may not input or upload any information which contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, the Site, data, or personal information.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreement(s) are reserved by SOAR.

7. SYSTEM INTEGRITY

You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or SOAR’s Services. You may not take any action which imposes an unreasonable or disproportionately large load on SOAR’s infrastructure.

8. DISCLOSURE OF CONTENT/MONITORING

Although SOAR has no obligation to monitor Your Information, the contents of others, or the content of its Users on the Service, it reserves the right to monitor, retain, and disclose Your Information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any of Your Information violates the rights of third parties, or protect the rights, property or personal safety of SOAR, its users or the public.

9. INTELLECTUAL PROPERTY OWNERSHIP

Any and all intellectual property rights associated with SOAR, the Site and documentation including without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights, and patents (“Intellectual Property”) are the sole property of SOAR or third parties, and except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute in any way without SOAR or the appropriate third party’s prior written permission. Except as provided herein, SOAR does not grant to You any express or implied rights to SOAR or any third party’s Intellectual Property. Any rights associated with the content of the Service, which is transmitted, downloaded, or otherwise processed by SOAR, shall be retained by the content owner, if any, and may be protected by applicable copyright, trademark, or other laws. This Agreement does not grant You rights in and to such content.

10. LICENSE AND SITE ACCESS

SOAR grants You a limited personal, nontransferable, non-sublicensable, revocable worldwide license to access and make personal use of this Site and Services. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SOAR. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SOAR and our affiliates without express written consent.

11. COPYRIGHTS

SOAR respects the intellectual property of others, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide SOAR the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that You claim has been infringed;
A description of where the material that You claim is infringing is located on the Site;
Your address, telephone number, and email address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

Any notice of claims of copyright infringement on this Site should be directed to SOAR.

12. CHILDREN

SOAR provides instructions and staff guidance for various activities for children. Where noted per program and/or as applicable, these activities must be engaged in accompaniment by an adult and/or guardian. You should NOT engage in an activity without adult supervision and/or without the guidance of SOAR staff. SOAR does not collect any personal information about children or share any information about children.

13. WARRANTY DISCLAIMER

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SOAR EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR SITE-RELATED SERVICE OR AGAINST INFRINGEMENT. THERE IS NO WARRANTY THAT THE INFORMATION OR SERVICE PROVIDED WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. THE INFORMATION AND SERVICE PROVIDED ARE PROVIDED WITH FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT ARE WITH YOU. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. THERE IS NO WARRANTY THAT THE SUGGESTED ACTIVITIES WILL BE 100% SAFE OR ERROR-FREE.

SOAR MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE AND RELIABLE; (d) THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND/OR (e) ANY ERRORS IN THE CONTENTS OF THE SERVICE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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 SOAR OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE AGREEMENT.

Although SOAR attempts to ensure the integrity, accurateness, and safety of the Site and Services, it makes no guarantees whatsoever as to the correctness, accuracy, or safety of the Site or Services. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform SOAR so that it can be corrected. Information contained on the Site may be changed or updated without notice.

14. LIMITATION OF LIABILITY

SOAR, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT YOUR INFORMATION OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. THE FOREGOING REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. 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 MAY NOT APPLY TO YOU.

15. INDEMNITY

You agree to indemnify, defend and hold SOAR and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your Information submitted, posted to or transmitted through the Service, Your use or misuse of the Service or Site, Your connection to the Site, Your violation of this Agreement, or violation of any rights of another.

16. PRIVACY POLICY

Your Information and certain other information about You is subject to our Privacy Policy. For more information, please read our Privacy Policy. You should be aware that linked sites may contain confidentiality provisions that differ from the provisions provided herein. SOAR is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. View Privacy Policy here.

17. MODIFICATIONS

SOAR may, at any time, and without notice, modify, update, or otherwise change the terms of this Agreement or the Service, and You agree that You are deemed to be apprised of, and to be bound by such changes, immediately upon the posting thereof. Accordingly, we encourage You to visit the SOAR website from time to time to review the current version of the Agreement.

18. TERMINATION

You agree that SOAR, in its sole discretion, may terminate Your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason. SOAR may also, in its sole discretion, at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of Your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that SOAR may immediately deactivate or delete Your account and all related information and files in or related to Your account and/or bar further access to such files or Service. Further, You agree that SOAR shall not be liable to You or any third party for any termination of Your access to the Service.

19. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SOAR has no control over such sites and resources, You acknowledge and agree that SOAR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SOAR 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 ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

20. LINKS TO OUR SITE

SOAR prohibits caching, unauthorized hypertext links to SOAR’s Site. SOAR reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content of the Services or Your Information available on any other Internet site linked to SOAR Software. If You desire to provide a hyperlink from Your Website to our Site, SOAR and You must mutually agree to the terms set out in our Hyperlink License Agreement. You will use the contact form on the Home page of the SOAR site to request

21. JURISDICTION AND LAW

This Agreement shall be construed and enforced in accordance with the laws of the State of New Jersey, without reference to conflict of laws principles, and shall be deemed to be executed in New Jersey, and any action or proceeding shall be brought in a Federal or State court of competent jurisdiction in the State of New Jersey and in no other jurisdiction.

22. NOTICES

Notice may be deemed given by certified mail, postage prepaid, and return receipt requested, to the address provided to the SOAR Education, Inc., 411 Greenwood Avenue, Unit 424, Wyckoff, NJ 07481. In such case, notice shall be deemed given fourteen (14) business days after the date of mailing.

23. COMPLETE AGREEMENT

Except as expressly provided in a particular “legal notice” on SOAR’s Web Site, these Terms of Use constitute the entire agreement between You and SOAR with respect to use of the Services. The section titles in this Terms of Use are for convenience only and have no legal or contractual effect. Your use of the Service is also subject to the SOAR Privacy Policy. Sections 11, 14 through 18, 22, and 23 shall survive termination of this Agreement. If any provision of this Agreement is found to be unenforceable, the other provisions that may be outlined in the Privacy Policy shall still remain in effect.