Solero Technologies Website Terms of Use - Solero Technologies, LLC

Last Updated September 30, 2022

These Terms of Use apply to the Solero Technologies website and related sites (the “Site”). This Site is owned and operated by Solero Technologies, LLC and its affiliates (“Solero”, “we” or “us”). You should read these Terms of Use carefully. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and Solero. In addition, when accessing certain materials on or through this Site, you are subject to any additional posted terms, conditions, and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use.f

By using the Site, you agree to be bound by these Terms of Use Policy and our Privacy Policy . If you do not agree with any of theSE terms, please do not use the site or provide us with your information.

Amendments to Terms of Use

Solero reserves the right to change these Terms of Use and any of its other terms, conditions and rules relating to the Site, at any time. Solero will notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

Third Party Service Providers

Solero may use third party service providers to help develop and maintain this Site and to provide specific services offered through this Site. You agree that the terms and conditions set forth in these Terms of Use, inure to the benefit of any third-party service providers engaged by Solero. All references to Solero are deemed to include its agents and service providers.

Intellectual Property Rights

The Site is the proprietary property of Solero and its licensors, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, articles, product information, policies and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks, and except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, Content, Marks or any other elements thereof.

Feedback

If you provide Solero with any comments, suggestions or other feedback with respect to the products, the Site or any component thereof (collectively, “Feedback”), Solero, without any restrictions, has the right but not the obligation, to use such Feedback in any way, including incorporating such Feedback into the products or the Site, without obligation to you. Solero will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on behalf of Solero resulting from your Feedback, including, without limitation, any modifications or enhancements to the products or the Site.

Site Information

All Content and other information provided on our Site are subject to change without notice. If we discover an error in any information, we will seek to correct it. We reserve the right to revoke any offer and to correct any errors, inaccuracies or omissions at any time.

Eligibility

The Site is available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract. Solero may, in its sole discretion, refuse to offer the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Prohibited Behaviors

You may not access or use the Site for any purpose other than that for which we make the Site available. In addition, you must comply with all applicable laws, rules and regulations related to your use of the Site, including data protection and privacy laws. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. You shall not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (a) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (b) damaging or overburdening any server, or any network connected to any server; (c) interfering with another party’s use of the Site; (d) collecting any information about other users of the Site; (e) systematically extracting Content or other information or data contained in the Site to populate databases or other sites; (f) engaging in any fraudulent or manipulative activity with respect to issuers, securities or markets; (g) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Site or the Content or other materials on, generated by or obtained from this Site, whether through links or otherwise, without Solero’s permission; or (h) using this Site, the Content or any other indicator in any manner that could create an impression of affiliation, sponsorship or endorsement between any user and/or website and Solero.

Privacy

We have a policy that addresses privacy. Your use of our Site is subject to it. Please read our Privacy Policy so that you understand the parameters of privacy when using our Site. Keep in mind, however, that the information you voluntarily post on this Site or post about us or our products and services on other sites, are public and are not protected under our Privacy Policy. We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use.

Third Party Information

When you are on the Site, you could be directed to other sites that are beyond Solero’s control. Solero is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. Solero provides such links only as a convenience to you. Solero has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

Territory

Solero operates this Site from the United States. Solero makes no representation that content and materials on this Site are legal or appropriate for use outside of the United States. Please keep in mind that this Site may not conform with the laws of your state or country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States laws and regulations.

Disclaimer of Warranties; Limitation of Liability

EXCEPT AS OTHERWISE SET FORTH HEREIN, THIS SITE, INCLUDING ALL MATERIALS, SERVICES, INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THIS SITE, IS PROVIDED BY SOLERO “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE SOLERO AND ITS THIRD-PARTY INFORMATION AND SERVICE PROVIDERS FROM ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. THE INFORMATION PROVIDED ON THIS SITE IS FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. YOU ACKNOWLEDGE THAT THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. ALTHOUGH SOLERO MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. SOLERO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR DISPLAYED ON THIS SITE.

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL SOLERO, ITS AFFILIATES, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM. SOLERO SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF SOLERO CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

Some jurisdictions may not permit the disclaimers of warranties or limitations of liability set forth in these Terms of Use, so the above limitations may not apply to you. To the extent such warranties or liabilities cannot be disclaimed but can be limited under the laws of your state, we limit such warranties and/or liabilities to the maximum extent permitted by applicable law.

Indemnity

You agree to indemnify, defend and hold harmless Solero, and its parents, subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, and employees, from and against any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

Termination

Solero may terminate your access to this Site at any time and for any reason without prior notification. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

Applicable Law, Severability and Waiver

In order to ensure consistency in the interpretation and enforcement of these Terms of Use and Solero’s rights in the Site, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and Solero related, in any way, to the Site and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained before the state and federal courts of the state of Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.

The failure of Solero to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Solero in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of these Terms of Use.

How to Contact Us

If you have questions about these Terms of Use or our products generally, please contact us as follows:

Fill out and send an online form at our Contact page.