Terms of Service
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PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT
YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
Welcome
Solutran, Inc. ("Solutran") welcomes you to its Solutran Learning
website (learning.solutran.com; "Site"). Before you start using the Site, you must
read and agree to the Terms of Service and the Privacy Policy incorporated by
reference. Thank you.
General Information
Solutran is engaged in the business of processing electronic benefit transfer
(“EBT”) payments for the Supplemental Nutrition Assistance Program (“SNAP”),
Temporary Assistance for Needy Families (“TANF”) and Special Supplemental
Nutrition Assistance Program for Women, Infants and Children (“WIC”).
Government agencies that administer SNAP,
TANF and WIC programs contract with Solutran to provide training assistance to
their staff and other specified persons through this Site
("Service").
Contact Us
If you have any questions about the Terms of Service, please feel free to contact us through our website (https://www.solutran.com) or write to us at:
Solutran, Inc.
13305 12th Avenue North
Minneapolis, MN 55441
Privacy
Solutran considers protecting your personal information very important and has
developed a Privacy Policy describing Solutran's information collection
policies and practices, which is incorporated into these Terms of Service by
reference as if set forth in its entirety herein. You agree that Solutran's Privacy Policy is
applicable to your use of the Site.
Permission to Use the Site
You have the right to access and make use of the Service. By doing so, you agree that you will
access and use the Service only for lawful purposes.
The Terms of Service govern your access and use of both the publicly available
portion of the Site and the password protected or secure areas of the Site.
If you violate any of the Terms of Service, your access to the Site and use of
the Service terminates and you must immediately destroy any copies of their
content that you possess or are that are within your control.
Charges for Using Site or Service
Solutran provides the Service to you free of charge under contract with a
government agency. However,
if you use the Service, you may be subject to charges imposed by your wireless
or other applicable internet provider. Payment of such charges is solely your responsibility.
Electronic Communications from Solutran
By using the Service, you consent to receiving electronic communications and
notices from Solutran or its agents. You agree that any notice, agreement, disclosure or other
communications that we send to you electronically will satisfy any legal
communication requirements, including that such communications be in writing.
Use of Information Submitted to Solutran
Any comments, information or ideas that you submit to us regarding the Service
are welcome, but we will treat them as non-confidential and they will become
the property of Solutran. Solutran's ownership rights to those comments,
information or ideas includes, but is not limited to, developing, manufacturing
and marketing products and services and creating, modifying or improving the
Service or other products or services, based thereon.
Restrictions on Use of Site and Service
Access to and use of password protected or secure areas of the Site is
restricted to authorized users only. You may not allow any other person to use your username,
password or account at any time. You must notify us immediately of any unauthorized use
of your username, password or account and any other breach of security. We are not liable for any loss you may
incur because of someone else using your username, password or account, with or
without your knowledge.
By using the Service, you agree not to (1) upload, post, e-mail or otherwise
send or transmit any material that contains viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment associated
with the Service; (2) interfere with the servers or networks connected to the
Service or to violate any of the procedures, policies or regulations of
networks connected to the Service; (3) impersonate any other person while using
the Service; (4) conduct yourself in a vulgar, offensive, harassing or
objectionable manner while using the Service; (5) use the Service for any
unlawful purpose; or (6) copy, download, screenshot, print, export or otherwise
take possession of the content associated with the Service.
Solutran does not promote, recommend or condone use of the Service during
certain activities, such as automobile driving, where there is a significant
risk of accident. You
agree not to use the Service during such activities.
Links to Other Sites
The Site may contain links to other websites that may provide information
and/or services that might be useful to you. When you follow links to any third-party
website, you agree that your use of such website will be subject to the terms
of use and privacy policy posted on that website. Please review them carefully. Solutran does not control or endorse any
third-party websites and makes no representation about the accuracy,
completeness or reliability of such content. We are not responsible for any loss or
damage you incur because of dealing with a third party accessed through a link
on the Site.
Legal Disclaimer and Limitation on Liability
ACCESS TO THE SITE AND USE OF THE SERVICE ARE PROVIDED ON AN "AS
IS", "AS AVAILABLE" BASIS.
SOLUTRAN AND ITS RESPECTIVE AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS,
OFFICERS, VENDORS, CONTRACTORS AND CONTENT PROVIDERS (COLLECTIVELY,
"SERVICE-RELATED PARTIES") DO NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION FURNISHED
ON THIS SITE OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION
ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. THE SERVICE-RELATED PARTIES DISCLAIM ANY REPRESENTATION
OR WARRANTY THAT ANY INFORMATION ACCESSIBLE ON THE SITE OR OTHERWISE PROVIDED
BY THE SERVICE IS ACCURATE, COMPLETE, OR CURRENT OR THAT ACCESS TO THIS SITE
WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND THE SERVICE. IN NO EVENT SHALL THE SERVICE-RELATED
PARTIES BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE
SERVICE-RELATED PARTIES SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF
THE SITE OR ANY THIRD-PARTY SITE. TO THE FULLEST EXTENT OF THE LAW, YOU HEREBY RELEASE AND
FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE SERVICE-RELATED
PARTIES FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE
SITE OR ITS CONTENT.
Some states do now allow the forgoing warranty and damage limitations, so the
forgoing language may not apply to you. If any applicable authority holds any portion of this
section to be unenforceable, then liability will be limited to the fullest extent
permitted by applicable law.
Indemnification
You agree to indemnify and hold the Service-Related Parties harmless from and
against any losses, damages, claims, and expenses (including reasonable
attorneys' fees) arising out of or related to any use of the Service or any
violation of these Terms of Service (including negligent or wrongful conduct).
Right to Monitor Site and Terminate Access
Solutran has the right, but not the obligation, to monitor any activity on the
Site. Solutran
may, without notice to you: (1) disclose information from the Site to any third
party, including law enforcement agencies, to protect its rights and property
in response to legal process, or in a good faith belief that disclosure is
justified or required, or in an emergency situation; (2) investigate any
reported violation of its policies and complaints, and take any appropriate
action it deems appropriate at any time, including without limitation,
suspension or termination of access and/or use of the Site and Service; and (3)
in its sole discretion and at any time, discontinue providing or limit access
to the Site or the Service.
Change in Service
Solutran reserves the right to change or discontinue any discount, service, or
product made available through the Service at any time and without any notice
to you, subject to the its obligations to the government agency with which
Solutran has contracted to provide the Service.
Ownership and Intellectual Property
All right, title and interest in and to the Site, including but not limited to
the design, organization, features and content, are and shall remain the
intellectual property and copyrighted works of Solutran, and all rights not
expressly granted to you with respect to the Site and Service shall be
expressly reserved by Solutran.
Except as expressly stated in these Terms of Service, neither the Site, nor any
part thereof, may be copied, reproduced, distributed, republished, downloaded,
displayed, posted, transmitted or distributed in any form or by any means,
including without limitation, electronic, mechanical, photocopying, recording
or otherwise without the prior written consent of Solutran.
The content on the Site is protected by copyright, trademark and/or other
proprietary rights of the Service-Related Parties. They reserve all rights, including
copyright, to all content on the Site. Any use of the content on the Site not expressly
permitted by the Terms of Service is a breach thereof and may violate
copyright, trademark and other laws. All rights not granted by the Terms of Service are
reserved to the Service-Related Parties. To obtain permission to use the content other than as
expressly provided in the Terms of Service, submit your request in writing to
the address provided above at the beginning of the Terms of Service.
Choice of Law
You agree that these Terms of Service or any claim, dispute or controversy
(whether in contract, tort or otherwise, whether preexisting, present or
future, and including statutory, common law and equitable claims) between you
and the Service-Related Parties arising from or relating to these Terms of
Service, their interpretation or breach, termination or validity, the
relationships which result from these Terms of Service, the Service or any
related transaction shall, to the maximum extent permitted by applicable law,
be governed by the laws of the state of Minnesota, without regard to its
conflicts of laws rules.
Binding Arbitration
Any claim, dispute or controversy (whether in contract, tort or otherwise,
whether preexisting, present or future, and including statutory, common law,
intentional tort and equitable claims) between you and the Service-Related
Parties arising from or relating to these Terms of Service, their
interpretation or breach, termination or validity, the relationships which
result from these Terms of Service (including, to the full extent permitted by
applicable law, relationships with third parties who are not signatories to
these Terms of Service), the Service or any related transaction shall be
resolved exclusively and finally by binding arbitration administered by the
American Arbitration Association, JAMS or the National Arbitration Forum, in
accordance with their applicable rules, or any other established alternative
dispute resolution provider mutually agreed upon by the parties.
The arbitration will be limited solely to the dispute between you and the
Service-Related Parties. Neither you nor any of the Service-Related Parties shall
be entitled to join or consolidate claims by or against other customers or
arbitrate any claim as a representative or class action or in a private
attorney general capacity.
Any award of the arbitrator shall be final and binding on each of the parties
and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and
attorneys' fees. However,
if any party prevails on a statutory claim that affords the prevailing party
attorneys' fees, or if there is a written agreement providing for fees, the
arbitrator may award reasonable fees to the prevailing party, under the
standards for fee shifting provided by law.
Limitation of Actions
Any claim or cause of action arising out of or related to your use of the
Service must be filed within one (1) year after such claim or cause of action
arose, regardless of any statute or law to the contrary. In the event any such claim or cause of
action is not filed within such one (1) year period, such claim or cause of
action shall be forever barred.
Entire Agreement
These Terms of Service, which incorporate by reference the Privacy Policy,
constitute the entire agreement between you and Solutran relating to the
Service.
Non-Waiver
Our failure to enforce any provision of these Terms of Service shall not
constitute a waiver of that or any other provision.
Severability
If any provision of these Terms of Service is held to be invalid or
unenforceable, such provision shall be struck, and the remaining provisions
shall be enforced.
Survival
The provisions of these Terms of Service survive the expiration or termination
of your access to the Service.
Contracts with Government Agencies
Solutran has entered into contracts with
government agencies to provide this Service.
Those contracts may contain provisions that relate to the Terms of
Service. To the degree that any conflict
exists between the Terms of Service and those contracts, the terms and
conditions in those contracts will apply.
Terms of Service Changes
If we change the Terms of Service, we will post those changes here and revise
the Effective Date accordingly. The most current version will supersede all previous
versions.
Your continued use of the Service after any revision means that you accept the
updated Terms of Service.
Effective Date
August 17, 2017
