Legal

Solona Terms of Service

This Solona, Inc., (”Solona”) Terms of Service, the Solona Privacy Policy, and all modifications thereto (collective, the “Agreement.”), govern your use of the Solona website (”Site”) and all services contained therein (”Services.”)

Please read this Agreement carefully. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this agreement. Your use of the Site and any associated Services, indicates your acceptance of this Agreement and any Solona modifications to this Agreement. If you are dissatisfied with anything related to the Solona Site, your sole remedy is to discontinue use of the Site and Services. You use the Services of Solona at your own risk. Solona reserves the right to modify this Agreement at its sole discretion.

Registration

Solona Site registration is required to access the Services. By registering, you agree to provide accurate and current information about yourself as prompted by the Solona Login Registration pages and maintain and promptly update your online profile information to keep it accurate and current. In the event that Solona learns of or reasonably suspects that your registration information is false, inaccurate, or that activity under your account violates this Agreement, Solona can limit, suspend or terminate your access to your account or the Site without notice.

When you register using Solona�s Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under your password and user ID. Furthermore, you agree to immediately notify Solona of any unauthorized use of your user ID and password.

Solona Statement of Usage

Solona makes services available for users who have a legitimate reason to require assistance when solving CAPTCHAS. Solona understands that it is impossible to verify a disability. The service is intended for visually impaired people. Any usage of Solona for the sole purpose of spam registrations or reply entries will be investigated.

Solona Site Content

All content included on this Site, including without limitation, text, graphics, logos, trademarks, trade names, images, pre-designed templates, software, processing and other functionality, and all other material placed by Solona (collectively called the “Site Content”), and the collection, arrangement and assembly of the Site Content, is the property of Solona and/or its suppliers and is protected by U.S. copyright laws. Solona makes no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or that the Site will meet any intended purposes. This Site may be unavailable from time to time for upgrades, enhancements or other maintenance issues.

Solona may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Site Content, without prior notice or liability.

Indemnification

You agree to indemnify, defend and hold Solona and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, costs and expenses, including attorneys fees, incurred by any Solona Party in connection with any User Content or use of the Services, whether via your password and by any other person, whether or not authorized by you. Solona reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Solona�s defense of such claim.

Limitation Of Liability

THE SITE CONTENT AND SERVICES CONTAINED OR OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY.

SOLONA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND OTHER MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SOLONA DOES NOT REPRESENT OR WARRANT THAT THE SITE CONTENT, SERVICES, PRODUCTS OR OTHER MATERIALS ACCESSIBLE THROUGH THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE.

YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT. SOLONA IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF USER CONTENT.

NEITHER SOLONA NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SOLONA�S AGGREGATE LIABILITY TO YOUR OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOLONA AND YOU. IN STATES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOLONA AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.

Privacy Policy Acknowledgement

Solona acknowledges that you may provide personal data or other information to the Site. Although Solona will take all reasonable steps to safeguard your personal data or other information, no system is completely secure and such information could be subject to interception by third parties. Solona does not guarantee absolute confidentiality or security. In addition, Solona may disclose part or all of your personal data, User Content and printed products as required by law. Please see Solona’s Privacy Policy regarding such information.

Minors & The Child On-Line Privacy And Protection Act

The Service is available to anyone over the age of 13, in observance of and compliance with the Children’s Online Privacy Protection Act, who complies with the Agreement. Anyone not in compliance may be removed and prevented from using the Service without prior notice. If you have allowed your minor child, or a child for whom you are legal guardian (a “Minor”), to register for any Service at the Site, then you are acknowledging and agreeing that you shall be solely responsible for: (i) the on-line conduct of such Minor; (ii) monitoring such Minor’s access to and use of the Site and the Information at the Site; and (iii) the consequences of any use of the Site by such Minor. If you do permit use of this Site or Service by your minor child, please be advised that Solona does not wish to receive, nor may you provide or allow your child to provide, any personally identifying information or data from or concerning a child under age 14.

Third Party Links

All third parties Site links are provided solely as a convenience to you. These linked sites are not under the control of Solona, and Solona is not responsible for the accuracy of the site content on such sites, or the privacy practices of such sites. The inclusion of any link does not imply a recommendation or endorsement by Solona of the linked site. Your access by link to such third party sites is at your own risk.

Applicable Law

This Agreement shall be construed in accordance with the laws of the State of Texas, without reference to principles of choice of law. You and Solona each irrevocably consent to the personal jurisdiction of the federal or state courts located in Collin County, Texas (”Courts”) with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Services and /or Content and waive any objection to venue in any of the Courts for such as action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.

General

Solona reserves the right to make modifications, alterations or updates to this Site and this Agreement at any time. You accept the affirmative obligation to periodically review whether or not this Agreement has changed, and, if you do not agree to be bound by such modifications, alterations or updates, you shall discontinue your use of the Site. Your continued use of this Site shall be deemed an acceptance and agreement to be bound by such modifications, alterations or updates.

This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venture of the other party for any purpose whatsoever. This Agreement creates no relationship, contractual or otherwise, between you and any other entity or supplier, other than Solona.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any portion of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the portion will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect. The failure of Solona to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right.