Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

SoleraTec LLC maintains this web site and all the information, documents, text, graphics, photos, video, music, sounds, images and other materials found on the site (collectively, "Content") for the use of its customers, employees and members of the general public, but only for the lawful purposes described below.

Your Right to Use the Site

This site is only for your personal use. You may not distribute, exchange, modify, sell or transmit anything you copy from this site, including, but not limited to, any text, images, audio and video, for any business, commercial or public purposes. As long as you comply with the terms of these Terms and Conditions of Use, SoleraTec LLC grants you a non-exclusive, non-transferable, limited right to enter, display and use this site. You agree not to interrupt or attempt to interrupt the operation of this site in any way.

Ownership and Use of Content and Marks

All of the Content (defined above) is protected by copyright under U.S. copyright law and international conventions. You may not use the Content except as permitted by these Terms and Conditions of Use. You agree to follow all instructions on this site limiting the way you may use the Content. There are a number of proprietary logos, service marks and trademarks (collectively, the "Marks") found on this site. By making them available on this site, SoleraTec LLC is not granting you any license to use the Marks. Any unauthorized use of the Content or the Marks may violate state and federal intellectual property laws. No SoleraTec LLC Mark may be used as a hyperlink without the prior written permission of SoleraTec LLC. Your use of SoleraTec LLC's Marks in advertising and the promotion of SoleraTec LLC's products and services require an accompanying statement that the Marks belong to SoleraTec LLC.

Acceptance of Contract Terms; Jurisdiction

In exchange for accessing, browsing, and/or using this site, you agree to be bound by these Terms and Conditions of Use and to comply with all applicable laws and regulations. You represent that you have the legal authority to accept these Terms and Conditions of Use on behalf of yourself or any party you represent. You acknowledge that SoleraTec LLC reserves the right in its sole discretion to refuse or terminate access to this site by you at any time, for any reason. This site is controlled and operated by SoleraTec LLC from its offices within the United States. BY ACCESSING THIS SITE, YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN CALIFORNIA, U.S.A.

Responsibility for Your Material; Indemnification

You are prohibited from posting on this site or transmitting through this site any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. SoleraTec LLC assumes no liability or responsibility for any material you may post on or transmit through this site without SoleraTec LLC's prior written authorization. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD SOLERATEC LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS'; FEES) RELATING TO OR ARISING OUT OF YOUR UNLAWFUL USE OF THIS SITE. YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD INDEMNITEES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) RELATING TO OR ARISING OUT OF ANY BREACH BY YOU OF THESE TERMS AND CONDITIONS OF USE. With respect to any claims for which you have agreed to indemnify Indemnitees, you agree to cooperate fully as reasonably required in Indemnitees' defense. SoleraTec LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to this indemnification provision, and you agree not to settle any such matter without the written consent of SoleraTec LLC.

Disclaimer of Warranties and Limitation of Remedies

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SOLERATEC LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER: (1) REGARDING THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THIS SITE; OR (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THIS SITE.

UNDER NO CIRCUMSTANCES SHALL SOLERATEC LLC BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENT AND FUNCTIONS OF THIS SITE, EVEN IF SOLERATEC LLC OR AN AUTHORIZED REPRESENTATIVE OF SOLERATEC LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SOLERATEC LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT) FOR ANY CLAIM RELATING TO THE USE OF THIS SITE EXCEED ONE DOLLAR ($1.00).

SoleraTec LLC's Rights to Your Material

You should not submit to SoleraTec LLC through this site any ideas or information that you consider proprietary. If you send any communications or materials to this site by electronic mail or otherwise, or if you submit any comments to SoleraTec LLC through this site, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material by SoleraTec LLC violates any of your rights, including, but not limited to, moral rights, privacy rights, proprietary or other property rights, publicity rights, right to credit for material or ideas, or any other rights. By submitting materials or information to this site or to SoleraTec LLC through this site, you agree that SoleraTec LLC is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any such communications for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. You understand and agree, however, that SoleraTec LLC is not obligated to use any such ideas or materials, and you have no rights to compel such use.

Links to Third Party Web Sites

SoleraTec LLC makes no representations whatsoever about any other web site you may access through this site. When you access a non-SoleraTec LLC site, please understand that it is independent from SoleraTec LLC , and that SoleraTec LLC has no control over the content on that web site. In addition, a link to a non-SoleraTec LLC web site does not mean that SoleraTec LLC endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of items of a destructive nature. SoleraTec LLC makes no representation or warranty as to any third party products or services.

SoleraTec LLC's Right to Change These Terms and Conditions of Use or Content on the Site

SoleraTec LLC may revise or withdraw the Content, in whole or in part, at any time without notice. SoleraTec LLC may at any time and for any reason revise these Web Site Terms and Conditions of Use by updating this posting. By using this site, you agree to be bound by any such revisions, and you agree to periodically visit this page to determine the most current Web Site Terms and Condition of Use to which you are bound.

General Provisions

These Terms and Conditions of Use, as amended from time to time, constitute the entire agreement between SoleraTec LLC and you with respect to your use of this site. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effectuate the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.

Trademark Disclaimer

SoleraTec and Phoenix are registered trademarks or trademarks of SoleraTec LLC and/or its affiliates in the U.S. and certain other countries. All other trademarks mentioned in this web site are the property of their respective owners.