Last Updated: March 10, 2015

Terms and Conditions of Use

Welcome to SoleServer. To protect our community and so that you may fully enjoy this website, we would like you to be aware of the terms that will govern your use of this website. By using SoleServer (“We”,“Our” or “Us”), you are agreeing with the following terms and our privacy policy (found here).

By accessing, browsing and/or using the pages in this Website (as defined below), you agree to these Terms and Conditions. If you do not agree, please do not access, browse or use this Website.

  1. AGE AND ELIGIBILITY

You represent and warrant to Us that you (i) are at least the age of majority in your province or territory of residence; and (ii) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party.

If you are younger than the age of majority in your province or territory of residence, but are at least 13 years of age, then you must get your parent or guardian to read this User Agreement and agree to them for you before you use the Website or provide any information to Us.

If you are under 13 years of age then you will not use this Website.

If you are unsure about anything you see on this Website, please ask your parent or legal guardian for help.

  1. Registration

If you choose to provide any information or fill out any forms on the Website, you agree to (i) provide true, accurate, current and complete information; and (ii) maintain and promptly update the information you provide to Us in order to keep your profile true, accurate, current and complete

  1. SOFTWARE LICENSES

Any software downloaded or used on the Website, including, without limitation, all files, images and/or applets contained in or generated by software, and accompanying data (together, the “Software”) is licensed to you by SoleServer. Neither title nor intellectual property rights, except for the limited license rights granted in this Section, are transferred to you. You may not decompile, reverse engineer, disassemble, copy, adapt, translate or modify the Website in any manner or fashion. You also may not resell, lease, sublicense or otherwise transfer the Software to any third party. We reserve the right to terminate this limited license at any time.

  1. USER IDS AND PASSWORDS

You will be solely responsible for the maintenance and security of your username and password, if any. Your username and password are unique to you, and you agree not to disclose or share your username or password with any third party.

SoleServer reserves the right to deny or revoke access to this Website, or any part thereof, at any time in our sole discretion, with or without cause. Your access to this Website will terminate upon the termination of this Agreement for any reason.

  1. DISCLAIMER

THE MATERIAL IN THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. SOLESERVER MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. SOLESERVER DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

  1. DISCLAIMER OF LIABILITY

SOLESERVER WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. SOLESERVER WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE AND/OR THE MATERIALS IN THIS WEBSITE, EVEN IF THERE IS NEGLIGENCE BY SOLESERVER OR BY AN AUTHORIZED SOLESERVER REPRESENTATIVE, OR AN AUTHORIZED SOLESERVER REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. SOLESERVER’S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO SOLESERVER, IF ANY, TO ACCESS THIS WEBSITE.

  1. AVAILABILITY OF THE WEBSITE

We are not liable for any technological problems regarding the Website and any impact that it may have. All or any portion of the Website may not be available and may not function properly at any time. We make reasonable efforts to avoid technological problems, but at any time the Website may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. We make reasonable efforts to ensure that the Website is secure, but We do not guarantee the security of the Website. We are not liable for any defects, delays or errors in or resulting from your use of the Website.

  1. USE OF THE WEBSITE

You shall not use the Website to post, transmit, upload, distribute or publish any content that is libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of SoleServer.

  1. LINKS

We are not responsible for information on any third party web website (or any portion thereof) that is referred in, or accessible or connected by hyperlink to, the Website. If you access any third party website through the Website or otherwise, you do so at your own risk. We are not responsible for information on any such third party websites that is referred in, or accessible or connected by hyperlink to, the Website. Hyperlinks to or from the Website do not constitute third party endorsement of, sponsorship by or affiliation with Us.

  1. PRIVACY POLICY

Personally identifiable information that We gather from you is governed by our Privacy Policy.

  1. JURISDICTION; COMPLIANCE WITH LAWS

This Website (excluding linked sites) is controlled by Us from our offices within the Province of Ontario, Canada. By accessing this Website, you and We agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada, as applicable, without regard to the conflicts of laws principles thereof. You and We also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario or the federal courts of Canada, as applicable, with respect to any and all matters arising in connection with this User Agreement.

  1. MODIFICATIONS TO TERMS AND CONDITIONS

SoleServer can revise these Terms and Conditions at any time by modifying or updating this posting. Your use of this Website on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.

  1. MISCELLANEOUS

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any information related to your use of this Website for illegal purposes will be provided to law enforcement authorities. These Terms and Conditions and the Privacy Policy constitute the entire agreement between the parties relating to the use of this Website and supercede and replace any prior agreement between the parties, except as otherwise set forth above. In the event you browse, access or use another Website hosted by SoleServer or its affiliates, you may be subject to alternative terms and conditions of use, as may be specified on such Website. In such event, the terms and conditions of use applicable to that Website will govern your use of the Website.

 

Last Updated: March 10, 2017