This user agreement (the “Agreement”) sets forth the terms and conditions that govern your access and use of this website and related websites owned or operated by sumaninc.com or any of its affiliates and subsidiaries (hereafter “Company"), (collectively the "Site").

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. COMPANY MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE AGREEMENT SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. THE COMPANY RESERVES THE RIGHT TO TERMINATE A USER’S USE OF THIS SITE AT ANY TIME WITHOUT NOTICE AND MAY DO SO FOR ANY BREACH OF THIS AGREEMENT OR THE INSTRUCTIONS ON THIS SITE BY USER.

This Agreement includes Company’s Privacy Policy and any specific terms on the Site, each of which is incorporated into this Agreement in its entirety by reference, to which you are indicating your agreement and acceptance to be bound by the provisions thereof, by way of your use of the Site.

YOU MUST BE OVER 18 TO USE THE SITE

This Agreement must be agreed to by a person over 18. If you are not yet 18 or are accessing the Site from any country where material on the Site is prohibited or illegal, please leave now as you do not have permission to access the Site.

LICENSE TO USE THE SITE

Upon your agreement to be bound by the terms and conditions this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use the Site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on the Site. You acknowledge and agree that all content and services available on the Site are property of the Company and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. You agree to pay for any and all purchases and services made using your name and credit card through the Site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.

LICENSE RESTRICTIONS

You agree that you will not:

• Upload data or post email content or other files or other inappropriate items on the Site, including but not limited to malicious software and data;
  
  
• Violate any laws, third party rights, or any of our other policies;
  
  
• Use the Site if you are temporarily or indefinitely suspended from the Site;
  
  
• Fail to deliver payment for your use of the Site;
  
  
• Circumvent or manipulate our fee structure, the billing process, or fees owed to Company;
  
  
• Post false, inaccurate, or misleading information (including personal information);
  
  
• Distribute viruses or any other technologies that may harm Company, or the interests or property of users of the Site;
  
  
• Use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
  
  
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  
  
• Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  
  
• Bypass the Site’s robot exclusion headers or other measures we may use to prevent or restrict access to the Sites;
  
  
• Save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, or edit materials, code or other content on or from the Site without written permission from the Company, except as is necessary to use the Site for its intended purpose. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited;
  
  
• Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers.
  
  
• Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
  
  
• Make any false or fraudulent statements in your use of or to gain access to the Site;
  
  
• Reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via the Site.
  
  

USERNAME AND PASSWORD

You agree that if you use a username or password to gain access to the Site or parts of the Site, you shall use your best efforts to prevent access to the Site or part of the Site through your username and password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a username and password not easily guessed by a third party.

CANCELLATION OF SERVICE

Without limiting other remedies, we may cancel, limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and/or take technical and legal steps to keep a user off the Site if, in our judgment, we conclude that the user is misusing the Site (e.g., creating possible legal liabilities or acting inconsistently with the letter or spirit of the policies of Company). We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long period of time.

PRICING AND PAYMENT

Trial use of the Site is free. We do charge fees, however, for using the services offered on our website based on our Pricing schedule, which we may change from time to time. Changes to the pricing schedule are effective after we provide you with at least fourteen days notice by posting the changes on the Site. We may choose to temporarily change the pricing for our products for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. Unless otherwise stated, all fees are quoted in U.S. Dollars. We adopt a prepaid model of pricing. You need to pre-pay an amount convenient to you before you may start using our products. Based on your usage of the Site, the balance of your account may decrease. When the balance remaining is not enough to use our products, you will be given an option to recharge the account. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner, with a valid payment method. If your payment method fails or your account is past due, you may not be allowed to login to the Site.

TRADEMARKS

EZPredict, EZMap, EZSegment, EZStructure, EZConjoint, EZPromo, and the “look” and “feel” of the Site are the exclusive trademarks or service marks of Company. Any use of Company’s trademarks and/or service marks is strictly prohibited without the written permission of Company.

HOSTING AND THIRD PARTY SITES

The Company’s website, and all the data that you upload for analysis, will be hosted on dedicated servers (meaning servers exclusively leased, rented, or owned by the Company), which may be physically located at premises not owned or operated by the Company. The Company will make every reasonable effort to ensure that the server that has your data will be located in a secure location. You agree to hold the Company blameless, and absolve the Company of any liability, in case of loss or theft of data from the Site due to any reason.

You may occasionally be transferred to third party sites through links or frames from the Site These third party sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company may not be aware of the contents of such sites. You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of the third party site by the Company and is provided solely for your convenience. You agree that the Company have no liability whatsoever from such third party sites and your usage of them.

DISCLAIMER OF WARRANTIES

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE SITE. ALL INFORMATION AND USE OF THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT (a) THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE SITE OR THE SERVICES AVAILBLE THROUGH THE SITE ARE ACCURATE, RELIABLE OR CORRECT; (b) THAT THE SITE OR ANY SERVICE AVAILBLE THROUGH THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (d) OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SITE; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA STORED BY THE SITE; (4) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (5) ANY FAILURE TO STORE DATA OR OTHER CONTENT; (6) THE LOSS OF DATA OR OTHER CONTENT; (7) THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, ANY SERVICE PROVIDED THROUGH THE SITE; (8) ANY SERVICE PROVIDED THROUGH THE SITE THAT IS DELAYED OR INTERRUPTED; (9) ANY THIRD PARTY SITE REFERENCED OR LINKED TO FROM THE SITE; OR (10) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

In the event Company, or a director, officer, employee, independent contractor or agent of Company, is found to be liable for any claim arising out of the foregoing, the liability to you or to any third party shall be limited to the lesser of (a) the total fees paid by you to us in the 30 days prior to the action giving rise to the liability, and (b) US $100.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of the Site, or any services, information or products from the Site, or any violation of this Agreement. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.

LEGAL COMPLIANCE

Company may suspend or terminate this Agreement or your use immediately upon receipt of any notice which alleges that you have used the Site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and you agree not to bring any action or claim against Company for such disclosure.

PRIVACY

Company does not sell or provide your personal information to third parties for their marketing purposes without your explicit consent. Company uses your information only as described in the Sumaninc.com Privacy Policy. We view protection of users's privacy as a very important principle. We will try to store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Sumaninc.com Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

MISCELLANEOUS

Choice of Law and Jurisdiction: This Agreement shall all be governed and construed in accordance with the laws of the State of Maryland, without regard to conflict of law provisions. Except as provided below, you agree that any legal action or proceeding between Company and you for any purpose concerning this Agreement or the parties's obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Maryland and you hereby expressly consent to the exclusive personal jurisdiction of these courts. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than US $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Company must be brought in accordance with the above two paragraphs. All claims filed or brought contrary to the above two paragraphs shall be considered improperly filed. For improperly filed claims, Company may recover attorneys's fees and costs up to US $1000, provided that Company has notified you in writing of the improperly filed claim, and you have failed to withdraw the claim within 15 days of the notice being given.

No Waiver: Company’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

Course of Conduct: Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices: Except as explicitly stated otherwise, legal notices to Company shall be served on Company’s national registered agent and legal notices to you will be served to the email address you provide to Company during the registration process. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Company may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

International Users: The Site is controlled, operated and administered by Company from its offices within the United States of America. Company makes no representation that the Site is appropriate or available for use at other locations outside the United States, and access to the Web Site from territories where the Site is illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

Entire Agreement: This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties.

Severability: If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.

Assignment: You shall not assign or transfer this Agreement and any such transfer shall be void. Company may assign its rights and duties under this Agreement to any party at any time without notice to you.

Headings: Headings are for convenience only and should not be used to interpret any part of the agreement.

Reservation of Rights: All rights not expressly granted herein are reserved

Copyright 2007 Sumaninc.com

(June 19, 2007)