The Solari Report
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE
1.1. Solari, Inc. (“Solari”) is pleased to provide you with the Solari Report ™ Subscription Service, consisting of a call-in bridge conference line and the website owned an operated by Solari (including an MP3 downloading facility by which you may download a recording of the live conference call comprising the Solari Report) and accessed via the URLs http://www.solari.com or any successor URLs (the “Service”) under this Solari Report™ Terms of Use Agreement, any amendments to the Solari Report™ Terms of Use Agreement, the Solari Report Disclaimer, the Terms of Access and Use for the Solari website, and any other disclaimers, terms of use, operating rules and policies (collectively, the “Terms of Use”). Solari reserves the right, at its discretion, to change, modify, add or remove all or part of the Terms of Use at any time. Solari will notify you of changes to the Terms of Use by posting a message on the Service.
1.2. By accepting the Terms of Use, you agree to (a) provide accurate, complete and current information as prompted during the Service registration process, and (b) to maintain and update your e-mail address to keep it accurate, complete and current. If you fail to do so, Solari reserves the right to terminate your Service membership. As part of the Service Registration process, you will select a password and user name. Choose wisely. Solari may refuse to grant you a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or may cause confusion, as determined by Solari in its sole discretion.
1.3. Subscribers to the Service (“Subscribers”) may maintain only one active membership with the Service. By accepting the Terms of Use, you warrant that you have no other membership(s) with the Service.
1.4. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE “I ACCEPT” BUTTON, YOU ARE AGREEING TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS SOLARI REPORT TERMS OF USE AGREEMENT. If these terms and conditions or any future changes are unacceptable to you, or cause you no longer to be in compliance with the Terms of Use, you may cancel your membership by unsubscribing from your Subscriber Control Panel, the url of which is provided at the time of creation of your subscription.
2. SUBSCRIBER CONDUCT
2.1. The Service includes information, views, opinions and recommendations of individuals and organizations of interest to the Solari network, including Subscribers.
Solari assumes no responsibility for the accuracy, currency, completeness or usefulness of information in any material available via the Service and it does not endorse any opinions or recommendations posted by Subscribers, nor does it give tax or investment advice or advocate the purchase or sale of any security or investment. You should exercise discretion and skepticism before relying on information in messages, since it may be incorrect or misleading. Subscribers may pretend to be people that they are not. Some Subscribers may have dishonest and/or deceitful intentions or may have inaccurate information — so beware! You should make an independent investigation before making any financial decisions, and if you rely on information posted by other Subscribers you do so solely at your own risk.
Solari will monitor or reserves the right to remove or to not post or publish any information transmitted or received through the Service, or to terminate your subscription and use of the Service, at any time, without notice, in its sole discretion. It is Subscribers’ responsibility to bring violations of the Terms of Use by other Subscribers to Solari’s attention, although Solari does not guarantee any action based on such information.
The following actions, among others, may result in failure to post or removal of messages and/or termination of your subscription:
(a) Using the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortious or otherwise objectionable.
(b) Posting material non-public information about companies, without the authorization to do so.
(c) Posting or transmitting third party copyrighted information or in any way infringing on the intellectual property, contractual or fiduciary rights of others.
(d) Providing false information on your registration form, or impersonating someone else.
(e) Using the Service for the transmission of junk mail, spam, chain letters, or unsolicited distribution of e-mail.
(f) Using the Service for the transmission of advertising or promotion of any product or service.
(g) Providing or facilitating access to the Service to any non-Subscriber, whether through bridge call access code, your password, or any other method that enables a third party not part of your household or otherwise approved by Solari to listen to, read or otherwise use the Service.
(h) Recording a Solari Report™ conference call other than through the MP3 download facility provided as part of the Service, or tampering with the content of any otherwise authorized MP3 recording in a manner so as to produce a copy that is inaccurate or misleading as to the content of the original call.
(i) The sale or other commercial use of any MP3 downloaded as part of the Service, or duplication thereof, without the express written permission of Solari.
(j) Providing a full quotation, summary, transcript or other appropriation of the content of any Solari Report™ conference call to any third person or facility, including but not limited to the posting thereof on any website, without the prior express written permission of Solari.
(k) Disclosing any information learned on any Solari Report™ conference call (including any authorized MP3 recording thereof) that is expressly labeled by the host or any guest as confidential and not appropriate for repetition or republication.
(l) Violating the letter or spirit of the Terms of Use.
2.2. Your use of the Service is subject to all applicable local, state, national and international laws and regulations, including but not limited to the U.S. export control laws and regulations. You agree not to transmit any material that could constitute or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or rule.
2.3. You agree that you are responsible for all statements made and acts or omissions that occur on your subscription while your password is being used. You agree to waive and hold Solari harmless from any claims relating to any action taken by Solari as part of its investigation of a suspected violation of the Terms of Use or as a result of its conclusion that a violation of the Terms of Use has occurred, including but not limited to the removal of posts from the Service or the suspension or termination of your subscription. If you believe someone has used your password, conference call authorization code or account without your authorization, you must notify Solari immediately via e-mail at memberservice@solari.com.
2.4. Solari reserves the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its Subscribers.
3. PROPRIETARY RIGHTS TO CONTENT
3.1. The content available through the Service is the property of Solari or its licensors and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Content received through the Service may be listened to, downloaded, displayed, reformatted and printed for the personal, non-commercial use by you and members of your household only. You agree not to reproduce, retransmit, re-post, distribute, sell, publish, broadcast, create derivative works from, perform, or in any way commercially exploit any of the content, or infringe upon trademarks or service marks displayed or received through the Service, including but not limited to others in the same company or organization, without Solari’s express prior written consent.
3.2. You agree that upon posting information on the Service (which shall include the posting or repetition by Solari or any Solari Report™ guest of any questions or comments that you have emailed to the Service), you grant Solari, and its successors and assigns and any Solari Report™ conference call guest a non-exclusive, worldwide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, whole or part, without any duty to account to you. You also grant Solari the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.
4. EXTERNAL LINKS
4.1. The Service may contain links to other related World Wide Web Internet sites and resources. Solari is not responsible for the availability of these outside resources, or their contents, nor does Solari endorse nor is Solari responsible for any of the contents, advertising, products or other materials on such sites. Under no circumstances shall Solari be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to the applicable site administrator or web master.
5. FEES AND PAYMENTS
5.1. Current fees may be obtained through the Registration Process. Your subscription is personal to you, and you may not assign or otherwise transfer your rights or obligations to anyone. You certify that you are 18 years old or older and you agree to be responsible for and pay any charges incurred in connection with your user name and password. Your subscription shall continue until Solari receives notice of termination from you or Solari exercises its rights of termination as described in the Terms of Use. Solari reserves the right to change at any time the subscription fees and billing methods.
6. DISCLAIMER OF WARRANTIES AND LIABILITY
6.1. The Service is provided AS IS and AS AVAILABLE, without warranty of any kind. Solari EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS OR RELIABILITY OF THE CONTENT AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF; (B) ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED; AND (C) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOLARI OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOLARI, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SERVICE, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH THE SERVICE. IN NO EVENT WILL SOLARI, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. SOLARI, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE. YOU AGREE THAT THE LIABILITY OF SOLARI, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE CONTENT IN THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID SOLARI FOR THE USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. INDEMNIFICATION
7.1. You agree to indemnify and hold Solari, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Service, the violation of these Terms of Use by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
8. TERMINATION
8.1. You agree that Solari may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Terms of Use or any subsequent modifications, or attempted assignment of your account by you. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your subscription and may be referred to appropriate law enforcement authorities. Solari shall not be liable to you or any third party for the termination of Service or any claims related to the termination of Service.
8.2. Should you object to any terms and conditions of these Terms of Use or any subsequent changes to the terms and conditions or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service subscription; and (3) notify Solari of termination by sending an e-mail to: memberservice@solari.com. Continued use of the Service is an acceptance of the Terms of Use and all or any subsequent changes.
8.3 If Solari terminates your subscription for a violation of the Terms of Use, including but not limited to during the first 30 days of your subscription, you will not be entitled to any refund but Solari will discontinue future authorized payments for months following such termination.
9. LAWS
9.1. The Terms of Use are governed by and construed in accordance with the laws of the State of Tennessee and the intellectual property laws of the United States, and you agree to submit to the personal jurisdiction of the courts of the State of Tennessee for any cause or action arising out of or relating to the Service or the Terms of Use.
9.2. You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.(12.03.08_as)
