TERMS OF SERVICE
IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. USING THE SERVICES MADE AVAILABLE ON THIS WEBSITE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" BUTTON, OR ACCESSING OR USING THE SITE OR THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT. If you accept or agree to the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Castle Rock reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify this Agreement, at any time and without prior notice. If we modify this Agreement, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated" date at the top of the home page of the Site. By continuing to access or use the Services after we have posted a modification on the Site or we have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms of this Agreement. If the modified terms are not acceptable to you, your only recourse is to cease using the Services.
Your use of any Services accessible through this Site may also be subject to your acceptance of separate agreements with Castle Rock and/or third parties. This Agreement incorporates by reference applicable subscription, registration, activation, ordering and pricing terms provided to you online or offline for the Services selected by you, which may be subject to change from time to time.
GRANT AND RESTRICTIONS.
Subject to the terms of this Agreement and any applicable payments, Castle Rock grants you a personal, limited, nonexclusive, nontransferable right to access and use the Services you have selected, solely for the purpose of using the Services, and, if applicable, solely by such number of authorized users for which the applicable fee has been paid by you.
Except as expressly permitted in this Agreement or by applicable law, you may not, nor allow a third party to do any of the following: (i) license, sublicense, copy, assign, lease, loan, sell, resell, republish, upload, post, transfer, distribute or commercially exploit to any third party the Services; (ii) modify or create derivative works based on the Services or Content on this Site made available through the Services, in whole or in part; (iii) access or attempt to access any other Castle Rock systems, programs, features or data that are not made available in the Services or for public use; (iv) decompile, disassemble, or reverse engineer the Services; (v) interfere with the proper working of the Services, prevent access to or the use of the Services by other users or customers, or impose an unreasonable or disproportionately large load on Castle Rock's infrastructure; or (vi) use the Services except as expressly allowed under this Agreement. By using the Services, you warrant to Castle Rock that you will not use the Services, including its Content, for any purpose that is unlawful or prohibited by this Agreement. If you violate any of these terms, your permission to use the Services automatically terminates.
You agree to maintain and reproduce all copyright and other proprietary notices appearing on all copies, in any form, of the Content forming part of the Services in the same form and manner that such copyright and other proprietary notices are placed on that Content. Except as expressly authorized in this Agreement, you shall not make any copies or duplicates of any of the Content appearing on this Site without the prior written permission of Castle Rock.
RESERVATION OF RIGHTS AND OWNERSHIP.
The Services are provided to you for your use and not sold, and Castle Rock reserves all rights not expressly granted to you in this Agreement. The Services are protected by copyright, trade secret and other intellectual property laws. Castle Rock owns all right, title, copyright, and other worldwide intellectual property rights and interests in the Services, including but not limited to its technology, Content, derivatives, and modifications of the Services. Castle Rock does not grant any license or other authorization to you under or to any of its trade-marks or other copyrightable material or other intellectual property.
Your registration information to use the Services must be accurate, current and complete as prompted in the sign-up and activation process (the "Registration Data"). If you provide any Registration Data that is not current or complete, and do not promptly update your Registration Data, or Castle Rock has reasonable grounds to suspect it is not current or complete, Castle Rock may, in its sole discretion, suspend or terminate your account and refuse any current or future access and use of the Services or portion thereof.
CONDUCT, YOUR CONTENT.
Your right to use the Services is personal to you. You are entirely responsible and liable for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials which you upload, post or store using the Services ("User Submissions"). You shall not use the Services for any illegal purpose in violation of any applicable provincial, state, federal or international law. You must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (together, "Actions") in connection with your use of the Services. If the Services do not provide adequate features for you to provide such Actions, then do not use the Services. Castle Rock does not own and is not responsible for your User Submissions or data you submit on the Site. You are encouraged to archive your data regularly and frequently and you bear full responsibility for archiving your data and assume the sole liability for any lost or irrecoverable data.
You agree to defend, indemnify and hold Castle Rock, its Suppliers (as defined below), its affiliates, and their respective officers, directors, employees, subsidiaries and agents, harmless from and against any and all third party claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees and disbursements) resulting from or arising out of a claim that your User Submissions infringe or misappropriate the intellectual property rights of a third party or a claim resulting from or arising out of your breach of this Agreement.
You may not post, publish, upload, reproduce, transmit or otherwise distribute information or material through the Services on the Site: (a) constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right, without obtaining permission of the copyright holder; (c) otherwise use this Site in a way that is contrary to law or which would adversely impact use of the Services or this Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components.
You agree that Castle Rock has the right, but not the obligation, to monitor the Services electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect itself or its users. Castle Rock reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement.
By making available your User Submissions through the Services, you hereby grant to Castle Rock a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, reproduce, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit User Submissions only on, through or by means of the Services. Castle Rock does not claim any ownership rights in any of your User Submissions and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Submissions.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Site, or any individual element within the Site, Castle Rock's name, any Castle Rock trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Castle Rock's express written consent;
Access, tamper with, or use non-public areas of the Site, Castle Rock's computer systems, or the technical delivery systems of Castle Rock's providers;
Attempt to probe, scan, or test the vulnerability of any Castle Rock system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Castle Rock or any of Castle Rock's providers or any other third party (including another user) to protect the Site, Services or Content;
Attempt to access or search the Site, Services or Content or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Castle Rock or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Castle Rock trade-mark, logo, URL or product name without Castle Rock's express written consent;
Use the Site, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by this Agreement;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing
Castle Rock reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, User Submissions, that Castle Rock, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Site or Services.
Castle Rock respects copyright law and expects its users to do the same. Castle Rock has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you are a visitor to the SOLARO.com website or you are a subscriber of the Services, and you are resident in the United States, please see Castle Rock's Copyright Policy at http://www.castlerockresearch.com for further information.
You may be made aware of or offered services, features, products, applications, or promotions provided by Castle Rock ("Other Services") . If you decide to use Other Services, you may be subject to additional terms and conditions governing these Other Services. You acknowledge that in accessing certain Other Services through the Services you may upload certain data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You hereby grant Castle Rock permission to use information about your usage experience to enable us to provide the Other Services to you, including updating and maintaining your data, addressing errors or service interruptions, and to enhance the types of data and services Castle Rock may provide to you in the future. You also grant Castle Rock permission to combine your information, if any, with that of others in a way that does not identify you or any individual personally to improve services and to compare business practices with other company standards.
DISCLAIMER OF WARRANTIES.
YOUR USE OF THE SERVICES, INCLUDING ANY CONTENT THEREIN, IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASTLE ROCK, ITS CORPORATE AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, RESELLERS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICES AND RELATED MATERIALS INCLUDING ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INTERFERENCE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. CASTLE ROCK AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS OR QUALITY OF ANY CONTENT IN THE SERVICES, INCLUDING CONTENT POSTED ON OR LINKED FROM THE SERVICES. CASTLE ROCK AND ITS SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISKS ASSOCIATED WITH USING OR RELYING ON SUCH CONTENT. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES OR CONDITIONS DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES OR CONDITIONS ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
LIMITATION OF LIABILITY AND DAMAGES.
TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE ENTIRE CUMULATIVE LIABILITY OF CASTLE ROCK AND SUPPLIERS, AND YOUR EXCLUSIVE REMEDY FOR ALL MATTERS OR CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY AND/OR DUE FROM YOU, IF APPLICABLE, FOR THE SERVICES TO CASTLE ROCK OR ITS SUPPLIERS IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASTLE ROCK AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY (A) SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND (B) DAMAGES RELATING TO TELECOMMUNICATION FAILURES, INTERNET AND ELECTRONIC COMMUNICATIONS DELAYS OR LIMITATIONS, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF REVENUE OR PROFITS; ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CASTLE ROCK AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CONSENT TO CONDUCT BUSINESS ELECTRONICALLY ("CONSENT").
Consent to Electronic Communications. Castle Rock may be required by law to send "Communications" to you that pertain to the Services, the use of information you may submit to Castle Rock, and the products you choose. Certain of the third party services you choose may require Communications with the third parties who administer these programs ("Third Party Services"). You agree that Castle Rock, on behalf of itself, and others who administer such Third Party Services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites. You consent to receive these Communications electronically. The term "Communications" means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Services and Third Party Services.
Consenting to Do Business Electronically. The decision whether to do business electronically is yours. Your consent to do business electronically and our agreement to do so cover all transactions you conduct through the Services for as long as you remain a subscriber to or use the Services. If you later decide that you do not want to receive future Communications electronically, write to us at Privacy, Castle Rock Research Corporation, 2000, 10065 Jasper Ave, Edmonton, Alberta, Canada T5J 3B1. If you withdraw your consent to receive Communications electronically, we may terminate your use of the Services. We do not provide ISP services. You are responsible at your expense for access to the Internet and this Site and any necessary hardware and software and obtaining your own Internet service provider. You agree to notify us promptly of any change in your email address. You can do so by logging into your SOLARO™ account and using the administrative features described in your account to update and verify your new email address.
Your rights under this Agreement may be terminated or suspended by Castle Rock immediately and without notice if you fail to comply with any terms of this Agreement or you no longer consent to receive Electronic Communications in accordance with Section 12. Either party may terminate this Agreement upon providing 30 days written notice to the other party. Upon termination you must immediately cease using the Services and all outstanding payments, if any, will become due and owing. Any termination of this Agreement shall not affect Castle Rock's rights hereunder. Other terms regarding termination or expiration of the Services may apply in accordance with the activation and/or ordering terms for the specific Services you have selected. If you choose to cancel your account or any part of the Services, you must do so in accordance with the activation and/or ordering terms for the specific Services you have selected.
You acknowledge that the Services are subject to Canadian, U.S. and other countries' export control regulations administered by the respective government thereof and that you will comply with these regulations. You will not export or re-export the Services, directly or indirectly, in violation of these export control laws and regulations to any country or end user.
THIRD PARTY PRODUCTS.
In connection with your use of the Services, you may be made aware of services, products, offers and promotions provided by third parties who are not affiliated with Castle Rock ("Third Party Products"). If you decide to use any Third Party Products, you do so at your own risk and are responsible for reviewing the terms governing such Third Party Products. You authorize Castle Rock to use and disclose your contact information, including name and address, for the purpose of making the Third Party Products you choose available to you. You agree that the third party, and not Castle Rock, is responsible for the performance of the Third Party Products. The Services may contain or reference links to websites operated by third parties ("Third Party Websites"). Castle Rock is not responsible for the content of, nor any link contained in such Third Party Websites. The inclusion of any Third Party Website link in the Services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Castle Rock of any data contained in any such Third Party Website. You acknowledge that linked Third Party Websites may contain terms and privacy policies that are different from those of Castle Rock. Castle Rock expressly disclaims any liability for use of such Third Party Products and Websites.
This Agreement is the entire agreement between you and Castle Rock and sets forth the entire liability of Castle Rock, its corporate affiliates and its Suppliers and your exclusive remedy with respect to the Services and Third Party Services and their use. Any modification or waiver of the terms herein by Castle Rock must be in a writing signed by an authorized representative of Castle Rock and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be interpreted to accomplish the objectives of such provision to the fullest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement may not be assigned by you without the prior written approval of Castle Rock, but may be assigned without your consent by Castle Rock to (a) a parent or subsidiary, (b) in an acquisition of the assets including the Services, in whole or in part, (c) a successor by merger or amalgamation. Any assignment in violation of this Section will be void. If you are a visitor to the SOLARO.com website or you subscribe to use the Services and you are resident in the United States, this Agreement will be governed by California law, without regard to its conflicts of laws principles, and applicable federal law. In that situation, the parties consent to the exclusive jurisdiction and venue in the state courts in Santa Clara County, California or federal court for the Northern District of California. If you are a visitor to the SOLARO.com website or you subscribe to use the Services and you are resident in Canada, or some other country other than the United States, this Agreement will be governed by the laws of the Province of Alberta, without regard to its conflicts of laws principles, and applicable federal law. In that situation, the parties consent to the exclusive jurisdiction of the courts of the Province of Alberta. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Revised: June 21, 2016