SURERASE.COM TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY.

Last Updated: August 10, 2009

1. ACCEPTANCE OF TERMS OF USE
Veriam Technologies, Inc. ("Veriam") owns and operates various websites related to the SurErase data removal product family ("SurErase"), including but not limited to surerase.com and surerase-discovery.com (the "Websites"), through which it offers various products and services (the Websites, services and products are referred to as the "Services").

By accessing and using the Services, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE SERVICES IN ANY MANNER. Veriam reserves the right to limit or terminate your access to the Services if you do not comply with these Terms of Use.

Veriam does not knowingly permit children under 13 to purchase or utilize the Services, or create a SurErase account. Do not attempt to create an account if you are under 13. See our privacy policy.
Veriam reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Use or after our sending of notice of any changes or updated policy to you means that you have accepted those changes.

2. OWNERSHIP OF INFORMATION ON WEBSITES
Except as otherwise noted on this Website, all information, and other content posted on the Websites, including but not limited to graphics, icons and the overall appearance (collectively the “Information”) is, and shall remain, the property of Veriam. The posting of Information shall not constitute a waiver of any of Veriam’s proprietary rights in, or related to, such Information (such as, but not limited to any patents, copyrights, and trademarks) or a transfer of any such rights to you or any third party. The Information is protected by U.S. and international copyright laws, both as individual works and as a collection. You may access, download and print the Information solely for your personal and non-commercial use. You agree not to delete any copyright or similar notice from any Information. You may not modify, sell or republish the Information or any portion thereof without the prior written consent of Veriam.

3. RESTRICTIONS ON USE OF THE SERVICES

Prohibited Activities

You may not use the Services or Information to do any of the following:

perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
transmit unsolicited mass mailings, "spim" or "spam;"
transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.

You may not do any of the following:

use the Services in any manner that could damage, disable, overburden, disrupt or impair the Services or any Veriam server, or the network(s) connected to any Veriam server, or interfere with any other party's use and enjoyment of the Services;
disobey any applicable policies or regulations of networks connected to the Services;
modify, adapt, translate or reverse engineer the Services
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or Information;
frame the Services or reformat them in any way; or
create user accounts using any automated means or under false pretenses.

4. INTERSTATE AND INTERNATIONAL USE

You consent to the collection and processing of personal information in the United States regardless of where you are located. All users understand the potential cross-border nature of communications made using the Services and acknowledge that using the Services may result in interstate and international transmission of data.

5. COPYRIGHT AND TRADEMARKS INFORMATION
COPYRIGHT NOTICE: Copyright © 2009 Veriam Technologies, Inc. All Rights Reserved.

"Veriam" and "SurErase" are trademarks of Veriam Technologies, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders, including but not limited to, the following:

6. PRIVACY POLICY
Veriam respects your desire for privacy. Veriam's Privacy Policy for the SurErase Services can be found at http://www.surerase.com/privacy. By using the Services, you are consenting to the terms of our Privacy Policy.

7. THIRD PARTY WEB SITES, SERVICES, AND CONTENT
The Services may contain links to third-party sites that are not under the control of Veriam, and Veriam is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Veriam endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Veriam is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Services.
In addition, links to advertising that has not been approved by Veriam may be embedded in third party content displayed on the Services. Veriam is not responsible for any content, cookies, or other technology used in connection with such advertising.

11. SOFTWARE DOWNLOADS AND UPDATES
Veriam may offer you the ability to download certain software through the Services to enhance your usage of the Services. The software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors according to the license agreement that accompanied the SurErase product that you are using. We do not transfer title of the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

Veriam may send automatic updates of the Software to the computer onto which it has been downloaded, and you consent to those updates.

The Software is subject to United States export controls. Thus, no Software may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List. By downloading any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

12. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE SERVICES
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE SERVICES AND ALL INFORMATION ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND VERIAM HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, VERIAM DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. Because some jurisdictions do not allow the exclusion of implied warranties, some of these exclusions may not apply to you. If any state or other jurisdiction does not allow the exclusion or warranties, then Veriam's warranties shall be limited in those jurisdictions to the extent permitted by law.

IN NO EVENT SHALL VERIAM BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR INFORMATION AVAILABLE FROM THE SERVICES. If any state or other jurisdiction does not allow the exclusion or limitation of liability for damages, then Veriam's liability shall be limited in those jurisdictions to the extent permitted by law.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Services. The Services may contain technical inaccuracies or typographical errors. Veriam assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Services.

Veriam may terminate or make changes to all or any portion of the Services, product offerings, and any other information and materials available on or through the Services and may delete any content that has been submitted to the Services at any time and without notice or liability.

13. INDEMNITY
You agree to indemnify, defend, and hold Veriam and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of the Services. Any such indemnification shall include the payment of reasonable attorneys fees incurred in the defense of such claim.

15. NOTICES
We may be required by state or federal law to notify you of certain events. In addition, we may need to notify you from time to time regarding changes to these Terms of Use or to the Services. You agree that such notices will be effective upon our posting them on the Websites, sending them to you through email or postal mail, or notifying you via other means required by law. If you do not provide us with accurate information to contact you, we will not be held liable if we fail to notify you.
You consent to receiving any notices regarding the Terms of Service or the Privacy Policy or any notice required by law, including notice of a any breach of security involving your personally identifiable information, through email.

Any notices that we send to you by email will be sent to the email address you provided when you registered for an account or the email address in your account profile.

16. GENERAL INFORMATION
The Terms of Use, the Privacy Policy and any applicable guidelines or additional terms posted on the Services constitute the entire agreement between you and Veriam, govern your use of the Services, and supersede any prior agreements between you and Veriam relating to your use of the Services (including, but not limited to, any prior versions of the Terms of Use or Privacy Policy). If you sign up or register for additional Veriam services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software. By accessing the Services you agree that the statutes and laws of the United States and the State of Delaware, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Services, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the State of Delaware, USA and you consent to the personal jurisdiction of those courts. The failure of Veriam to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.

17. COMMENTS AND QUESTIONS
If you have any comments or questions you may address them to our customer service department at support@surerase.com, via mail addressed to Customer Service, Veriam Technologies, Inc., at 401 Congress Ave, Suite 1540, Austin TX 78701, or by phone at (512) 687-3468.