These terms of service (these "Terms of Service") govern your use of all websites owned and made available by Solar Mash, LLC (Solar Mash, Solarmash.com) including, without limitation, the website you are on now (collectively, the "Site"). By using the Site, you are confirming that you have read and understand, and agree to be bound by, these Terms of Service. If you do not agree to these Terms of Service, you may not use the Site.
The Site content(except search result content) on the Site, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") belong to Solar Mash.
Your Use Of The Site And Content
You agree to NOT do any of the following while using the Site or Content:
- Access, tamper with, or use non-public areas of the Site, Solar Mash Solar Mash computer systems, or the technical delivery systems of Solar Mash providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the Site or the Content with any engine, software, tool, agent, device or mechanism other than the software or search agents provided by Solar Mash or other generally available third party Web browsers;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or the 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;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any local, state, national or international law or regulation;
- Transmit any material that is abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, libelous, illegal, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; or
- Send automated queries of any sort to the Solar Mash system without express permission from Solar Mash .
You further agree that Solar Mash and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback whether oral or written, that you may send to Solar Mash or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Solar Mash has no duties to you, with respect to such Feedback.
Solar Mash does not, as part of a regular, established practice, monitor, control, or have knowledge of any content transmitted on or through the Site. You agree that you are solely responsible for all content you transmit and receive on or through the Site.
Content provided by the Site comprises may contain search results consisting of links to third party websites over which Solar Mash exercises no control. These search results are generated automatically by Solar Mash computers and search software. As a result, some of the results may link to websites that are missing, out-of-date, inaccurate, inappropriate, objectionable, or offensive. You acknowledge and agree that Solar Mash is not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. Solar Mash hereby disclaims any and all liability relating to such websites or resources. Links to such websites or resources do not imply any endorsement by Solar Mash of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for, and assume all risk arising from your use of any such websites or resources.
If you violate any of these Terms of Service, your permission to use the Site and the Content automatically terminates.
Modifications to the Site
Solar Mash reserves the right to modify or discontinue the Site with or without notice to you. Solar Mash shall not be liable to you or any third party should Solar Mash exercise its right to modify or discontinue the Site.
Disclaimer Of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SOLAR MASH AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). SOLAR MASH AND ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND
- FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
SOLAR MASH AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SOLAR MASH AND ITS AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOLAR MASH OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation Of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SOLAR MASH OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE SITE.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Solar Mash may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Solar Mash liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Solar Mash , its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (1) any information (including, without limitation, your Submissions, Feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the Site; (2) your (or anyone using your account's) use of the Site; (3) your (or anyone using your account's) violation of these Terms of Service; or (4) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Solar Mash reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Solar Mash in asserting any available defenses.
Without limiting the foregoing, under no circumstances will Solar Mash be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
The failure of Solar Mash to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of Washington without regard to any conflict of laws principles or rules. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in King County, Washington, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms of Service, together with any other rules or guidelines posted in connection with the Site or Content, are the entire and exclusive agreement between Solar Mash and you regarding the Site and Content, and these Terms of Service supersede and replace any prior agreements between Solar Mash and you regarding the Site and Content.
Terms of Service Changes
Solar Mash may, in its sole and absolute discretion, change these Terms of Service from time to time. Solar Mash will post a copy of the Terms of Service as changed on the Site. Your continued use of the Site constitutes your agreement to abide by the Terms of Service as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.