Last Revised: February 10, 2015
That said…apparently, these pages are actually important. Who knew? Our lawyers made us include it and made us add a link on every page of the bottom of the website to get you here. At first, we thought the lawyers were a real pain. But then we read the page. What an awakening! It’s really important stuff. We took the legalese the lawyers wrote and translated it into readable English.
So be a smart nethead and read the stuff on this page. It could prevent you from hearing from our lawyer, or worse yet, from some really nasty people, like prosecutors.
Here’s the deal
First off, we own the trademark for the name ‘Solavista.’ Yes it’s true. So we can use it all that we want, in nearly any way that we choose.
Second, we run this site so that people like you (and people you like) can use it for personal entertainment, information, education, communication, and cyberfication. So go ahead and browse around all you like. You can even download and/or buy stuff from the site. If you do, though, don’t think for one minute that it’s going to make you a billionaire, millionaire, thousandaire or any other finanical “aire.” More on that in a bit so read on.
Also, don’t fool around with the aforementioned trademark or copyright and other notices all over the stuff. They’re there for a really good reason. And don’t even think about distributing, modifying, transmitting, reusing, re-posting, or doing anything else uncool with any of the stuff, including, text, images, audio, and video, for public or commercial purposes unless we give you written permission.
And it’s not likely we will.
Why not? Read on.
If you visit our site, you’re legally obligated to [read: stuck with] the terms and conditions listed below and any other law or regulation that applies to the website, the Internet (thanks Al Gore), the World Wide Web (thanks Tim Berners-Lee), or even Tucson Arizona. You shouldn’t have access or browse the site if you have any problem with that, because once you start, there’s no turning back — you are bound by [read:stuck with] the terms and conditions.
So here’s the Top Ten Rules for Peeps who hang out on our site:
1. For everyone’s sake, just assume that everything on the site is copyrighted unless we say it’s not. So you can’t use the stuff except how we say you can on this page or anywhere else on the site without our written permission. And like we said before, it’s not likely we’ll give you permission anyway. In fact, even if we wanted to, our lawyers are kinda
assholes jerks about that stuff and are likely to veto any deal anyway. So it’s better you don’t even ask.
2. While we try to include accurate stuff on the site, we’re not promising you it’s accurate. In fact, we’re not promising you anything except fun, some good solid information, products, services and maybe even some entertainment. So if you use or purchase stuff on the site, you’re using or owning it at your own risk. Don’t call us if there’s a problem because we assume no liability or responsibility for errors or omissions on the site. For more information on disclaimers and earnings, CLICK HERE.
3. We and anybody else who helped us create, produce, or deliver the site are not liable for any damages you suffer when you use it. In particular, the lawyers want you to know that our disclaimer includes “direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or purchases from the site. Without limiting the foregoing, everything on the site is provided to you ” ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS, FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local law for any restrictions or limitations regarding the exclusion of implied warranties.” For more information on disclaimers and earnings, CLICK HERE.
What a mouthful from the mouthpieces. We put all of that in quotes because we couldn’t figure out any other way to say it that the lawyers would accept. But here’s the bottom line — we’re not responsible if you’re browsing around and the site damages you or your computer or infects it with any nasty viruses.
We sure hope that doesn’t happen, but if it does, don’t call us.
4. If you don’t want the world to know something, don’t provide it to us on the site in any comment or anyplace else we give you the chance. That’s because anything you disclose to us is ours. That’s right — ours. So we can do anything we want with the stuff you give us. We can reproduce it, disclose it, transmit it, publish it, broadcast it, and post it someplace else. We can even send it to your mother (as soon as we find her address). Not only that, we can even use any ideas, concepts, know-hows, or techniques, you post any way we want to, including developing, manufacturing, and marketing products or other stuff using the information you post.
5. Pictures of people or places shown on the site are either our property or we’re using with their permission. No matter what, it’s definitely not your property. You or any of your net-friends can’t use it unless we said you can on this page or somewhere else on the site. But guess what — we won’t say yes. So be careful, jerky, because unauthorized use may violate all sorts of nasty laws. So smarten up, keep the stuff you download to yourself.
6. There’s also a lot of trademarks, logos, and service marks on the site, including the name Solavista, Solavista, LLC, Solavista Logo, the Solavista exclamation point, that either we own or we’re using with some one else’s permission. So don’t think you have any kind of license or right to use them, because you don’t and we’re not about to give you one. If you don’t leave them alone and mess with the trademarks, logos, and service marks on our site, we’ll probably go ballistic — so will the companies that own the other trademarks, logos, and service marks. That means we are likely to sue you or to ask a prosecutor to come after you for messing around with our property or the property of others.
7. You’ll probably notice we’ve linked our site to some others. We’re certain to link to some more. While that’s cool, it doesn’t mean we’ve looked at every single, solitary page on each and EVERY one of those sites, much less checked them out periodically to see what’s going on. So don’t blame us if some site you link to is bad or has stuff on it that offends you or your pets. Go ahead and link, but remember you’re doing it at your risk.
8. We’re allowed to change this page or anything else on the site any time we want to. That’s because it’s ours and we have the programmers with the mad skills who can do it. If we do change the page, then you’re bound by [read:stuck with] those changes, too, whenever you visit our site.
9. If this all sounds kind of mean and undiplomatic, you should have seen what the lawyers gave us in the first place. Holy $%@*! We had to remind them that human torture and sacrifice was outlawed in the United States a long, long time ago.
Boy, did they look disappointed.
10. Contact us with any technical inquiries or comments about SOLAVISTA.COM or Solavista, LLC or in writing to:
3219 East Camelback Road, #590, Phoenix, Arizona 85018
11. If you really just don’t like us for whatever reason, we understand. We can’t please everyone. We’re not pizza. If you are just angry in general and would like to write a stern letter to SOMEONE, we suggest addressing those to:
Former Vice President Dick Cheney
American Enterprise Institute for Public Policy Research
1150 Seventeenth Street, N.W.
Washington, DC 20036
(Thanks Cards Against Humanity)
MOBILE WEBSITE SERVICE TERMS
- You must be 18 years or older to use this Service.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Solavista LLC. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your website (even when Content is posted by others who have accounts under your website).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Solavista LLC. does not accept any liability for such loss.
CANCELLATION AND TERMINATION
- You are solely responsible for properly canceling your account. An verified email or phone request to cancel your account must be made. You can cancel your account at any time by contacting Solavista.com.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Solavista LLC., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Solavista LLC. service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Solavista LLC. reserves the right to refuse service to anyone for any reason at any time.
MODIFICATIONS TO SERVICE OR PRICES
- Solavista LLC. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Solavista Site (http://www.solavista.com) or the Service itself.
- Solavista LLC. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
COPYRIGHT AND CONTENT OWNERSHIP
- All content posted on the Service is must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
- Solavista LLC. does not pre-screen Content, but Solavista LLC. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that Solavista LLC. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Solavista LLC., or any other Solavista LLC. service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Solavista LLC.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Solavista LLC. customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature.
- Solavista LLC. does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Solavista LLC. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Solavista LLC. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Solavista LLC. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Solavista LLC. and govern your use of the Service, superceding any prior agreements between you and Solavista LLC. (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support at solavista dot com.
LIMITATIONS ON USE
You must be at least eighteen (18) years old to access this web site. If you are not at least eighteen years old, you are not permitted to access this web site for any reason.
If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
ORDER AND RETURN POLICIES
We generally ship all physical orders within three business days. For any digital products, you will receive an email with login details to our membership site or download page. We also offer a 30-day money back guarantee on all our products. If you are not completely satisfied, you can return the product to us in good condition within 30 days of the date that you placed your order. In order to receive a refund within the 30 day period for any physical products, you must return everything that was shipped to you, including any bonuses, and we must receive it at our offices before the 30 day period has passed.
THIRD PARTY REFERENCES / HYPERLINKS
This web site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.
INFORMATION YOU SUBMIT
You hereby warrant that any information you submit to COMPANY through this web site is owned by you and that you have the necessary authority to submit such information. You hereby grant COMPANY a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to COMPANY.
You further agree that you shall not submit or transmit any content through this web site or to COMPANY that is:
- Obscene, vulgar, or pornographic;
- Encourages the commission of a crime or violation of a law;
- Violates any state or federal law in the U.S. and/or the jurisdiction in which you reside;
- Infringes the intellectual rights of a third party;
- Is otherwise offensive or inappropriate based upon the type of content and information provided by COMPANY and/or third parties on this website.
COMPANY reserves the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in COMPANY’s sole discretion, without liability or warning to you.
COMPANY reserves the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold COMPANY harmless from any consequences or actions taken by COMPANY in cooperation with such law enforcement investigation or court order.
If you need to contact us, you can email us at email@example.com, call us at 602-903-3565, or send us a letter at: Solavista, LLC, 3219 East Camelback Road, #590, Phoenix, Arizona 85018
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this web site or from your violation of the terms and conditions stated herein.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this web site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this web site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.