Terms & Conditions
IMPORTANT: THIS SERVICE AND SOFTWARE IS PROVIDED FOR YOUR USE AS DESCRIBED HEREIN. WHEN IN USE, THE SOFTWARE WILL ESTABLISH A CONNECTION BETWEEN YOUR PERSONAL COMPUTER AND SUNBURST ACQUISITION, LLC’S SERVERS. THEREFORE, YOU SHOULD CAREFULLY REVIEW ALL OF THE INFORMATION CONTAINED BELOW TO UNDERSTAND YOUR RIGHTS AND THE LIMITATIONS IN CONNECTION WITH THIS SERVICE AND THE SOFTWARE.
The Type to Learn website (https://www.typetolearn.app) (the “Web site”), the Type to Learn cloud-based typing program (the “Software”) and all other applications and services provided (collectively, the “Service”) are maintained and operated by Sunburst Acquisition, LLC (“we”, “us” or “Sunburst Digital Learning.”).
Your access and use of the software is subject to the following Terms and conditions of use (the “terms & conditions”) and all applicable laws. By accessing or using any part of the service or software, you accept, without limitation or qualification, these Terms & Conditions. If you do not agree with all of the Terms & Conditions set forth below, you may not use any portion of the service or download or use the Software.
Use of the Web Site, Service and Software
Your use of this Web site, Service and the Software is subject to these Terms & Conditions. This Web site, Service and the Software is provided for your personal and non-commercial use and for informational and educational purposes only. Data is retained only for education purposes. Any other use of the Web site, Service or the Software requires the prior written consent of Sunburst Digital Learning.
We hereby grant you a non-exclusive, non-transferable, limited right to access and use the Service, including the Software, solely as permitted by these Terms & Conditions and by your end user license agreement provided upon your purchase of the Type to Learn Software. These Web licenses are contingent upon a yearly subscription fee; without such annual payment, your account will be terminated. The Service, including, without limitation, the Software, is owned by, or licensed for use by, Sunburst Digital Learning and may not be copied, distributed, reverse engineered, decompiled or modified, nor may derivative works be created based on the Service or the Software, without the prior written consent of Sunburst Digital Learning., except as expressly permitted in these Terms & Conditions.
Sunburst Digital Learning is the exclusive owner of, or is authorized to use or provide access to, all parts of the Service site, including the Software and all other text, software, graphics, designs and all copyrights, trademarks, patents and other intellectual property or proprietary rights contained therein. Except as expressly set forth in these Terms & Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service or the Software. All rights not granted under these Terms & Conditions are reserved by Sunburst Digital Learning.
Unauthorized Use of the Software
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute the Service. You may not take any action to interfere with, or disrupt, the Software or Web site or any other user’s use of the Service, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” the services, circumventing security or user authentication measures or attempting to exceed the license limited authorized to you under these Terms & Conditions. You may not frame portions of the Web site within another web site. You may not resell use of, or access to, the Service or the Software to any third party without our prior written consent from Sunburst Digital Learning. You may not, or attempt to (or otherwise authorize, encourage or support others’ attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service, including, but not limited to, the Software.
Subject to the paragraph above, any communication or material you transmit online to Sunburst Digital Learning by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post may be used by Sunburst Digital Learning for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Sunburst Digital Learning is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Sunburst Digital Learning without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
Portions of these pages and of the Software provide users an opportunity to exchange ideas and information. The ideas and information posted do not necessarily reflect the views of Sunburst Digital Learning. While using these pages, you may not post, transmit, or otherwise distribute any material that may be unlawful, obscene, defamatory, threatening, infringing on any copyright or other rights of others, or damaging to software or hardware. You may not advertise or solicit on these pages without Sunburst Digital Learning’s express permission.
Sunburst Digital Learning reserves the right, which it may or may not exercise, to review, edit, or delete any material that it deems to be inappropriate or in violation of these Terms and Conditions and to deny access to anyone who violates these Terms and Conditions. NOTWITHSTANDING THE ABOVE, SUNBURST DIGITAL LEARNING EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THESE PAGES OR THE SOFTWARE, OR FOR ANY CLAIMS, DAMAGES, OR LOSSES RESULTING FROM THE USE THEREOF.
By posting or submitting material to these pages or to the Software, you represent that you have all necessary rights in and to such material and that such material will not infringe on any personal or proprietary rights of any third parties. You authorize Sunburst Digital Learning to use and/or authorize others to use such material in any manner or medium.
You may obtain access to other sites on the Internet through these pages. By providing this service, Sunburst Digital Learning is not undertaking any responsibility or liability for information or publications of third parties on the Internet even if you access them through these pages.
Termination of Access
If you violate these Terms & Conditions or your end user license agreement, we may suspend, limit or terminate your access to all or a portion of the Service at any time with or without notice. Such termination may include removing, disabling or modifying the Software and is in addition to any right or remedy that may be available to us under these Terms & Conditions or applicable laws.
THE SERVICE, AND THE SOFTWARE, INCLUDING ALL CONTENT AND OTHER MATERIALS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SUNBURST DIGITAL LEARNING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE SOFTWARE. FURTHER, SUNBURST DIGITAL LEARNING DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUNBURST DIGITAL LEARNING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE, THE SOFTWARE OR ANY MATERIALS OR CONTENT CONTAINED OR ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUNBURST DIGITAL LEARNING SHALL NOT BE LIABLE FOR ANY USE AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL SUNBURST DIGITAL LEARNING BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities that otherwise would have been limited, shall not exceed the greater of fifty dollars ($50.00) or the amount paid by you for your use of the Service.
LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with Sunburst Digital Learning with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Sunburst Digital Learning’s failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. The laws of the State of Illinois shall govern these Terms and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN THE STATE OF ILLINOIS FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE WEB SITE.
Changes to these Terms & Conditions
Sunburst Digital Learning reserves the right to change these Terms and Conditions at any time without notice. We will make such changes by posting them on the Web site. You should check the Web site for such changes frequently. Your continued access of the Service and/or use of the Software after such changes conclusively demonstrates your acceptance of those changes.
You agree to indemnify, defend and hold harmless Sunburst Digital Learning, its affiliates, business partners, licensors or clients from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.
The failure of Sunburst Digital Learning to partially or fully exercise any rights or the waiver of Sunburst Digital Learning of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by Sunburst Digital Learning or be deemed a waiver by Sunburst Digital Learning of any subsequent breach by you of the same or any other term of these Terms & Conditions. The rights and remedies of Sunburst Digital Learning under these Terms & Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit Sunburst Digital Learning’s right to exercise any other right or remedy.
Should you have any questions regarding these Terms & Conditions you may contact Sunburst Digital Learning at:
Address: 900 Carnegie St., Rolling Meadows, IL 60008
Telephone: (800) 321-7511
Email Address: email@example.com
If you do not agree with any part of these Terms & Conditions, please do not use the Web site, Service or Software hosted by Sunburst Digital Learning.