By using any of the products and services offered at solasites.com, docs.solasites.com, docs.solasites.com, feedback.solasites.com, or any other related domain or subdomain (collectively, the “Website”or “Websites”), or registering an account, you certify that you have read, are authorized to agree to on behalf of your organization, and do hereby agree to, the terms of service set forth in the below document (the “Terms of Service”).
SolaSites, LLC provides its platform to you through its website and mobile applications (the “Platform”) and related services such as Web, Giving, and Media Content services (collectively, the Platform, including any new features and applications, the “Services”), subject to the following Terms of Service, as amended from time to time. For purposes of the following Terms of Service, “SolaSites,” “we,” “us,” “our,” and other similar terms, shall refer to SolaSites, a California company, the party with whom you are contracting.
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding, and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
1. Access and Use of the Services
Services Description: Our SolaSites Services help churches and other organizations (collectively, “Charities”) build their own website and related church tools, host pre-recorded sermons online, access, download and manage social media posts and access and download from our digital library of stock videos and other creative assets.
The Services are a platform; we are not a broker, financial institution, creditor or charity: The Services are an administrative platform only. SolaSites facilitates online giving for Charities and permits donors to make donations to these Charities. SolaSites is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation.
All information and content provided by SolaSites relating to the Services is for informational purposes only, and SolaSites does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Charities, donations, donors, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
We do not endorse any Charity, and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any donation campaign. You, as a donor, must make the final determination as to the value and appropriateness of contributing to any Charity.
All donations are at your own risk. When you make a donation through the Services, it is your responsibility to understand how your money will be used. SolaSites is not responsible for any offers, promises, rewards or promotions made or offered by Charities. We do not and cannot verify the information that Charities supply, nor do we represent or guarantee that the donations will be used in accordance with any fundraising purpose prescribed by a Charity or in accordance with applicable laws.
You, as a Charity, represent, warrant, and covenant that (i) all information you provide us is accurate, complete, and not likely to deceive reasonable users; (ii) all donations contributed to your Charity will be used solely as described in the materials that you post or otherwise provide; (iii) you will not infringe the rights of others; (iv) you will comply with all relevant and applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting, political contributions, and asset disclosures for your project; and (v) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize SolaSites, and SolaSites reserves the right to, provide information relating to your campaign to donors, beneficiaries of your campaign or law enforcement, and to assist in any investigation thereof.
2. Your Registration Obligations
3. Service Fees for Charities
When accepted by SolaSites, the order (whether such order is submitted orally, online through the Website, or on a written order form) submitted by a Charity creates a contract between the Charity and SolaSites, consisting of the order, the documents made available by SolaSites to the Charity to describe the applicable Services at the time the order is accepted by SolaSites (the “Service Description”), and these Terms of Service. An order is “Accepted” by SolaSites when (i) with respect to orders submitted online, SolaSites provides Services in response to the order or bills the Charity for payment, and (ii) with respect to orders reduced to writing and signed on an approved SolaSites form, when an authorized representative of SolaSites executes such form.
SolaSites will provide, and the Charity will purchase and pay for, the Services specified in the order for the service fees specified in the order and the applicable Service Description (the “Service Fees”).
The Charity will pay to SolaSites the Service Fees in the manner set forth in the order. SolaSites may increase the Service Fees (i) in the manner permitted in the Service Description and (ii) at the end of your current monthly or annual subscription, as applicable. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder. All Service Fees are non-refundable. Any amounts payable to SolaSites not paid when due will bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. SolaSites, in its sole discretion, may deactivate delinquent accounts. Upon a reactivation request by a Charity, the Charity shall pay SolaSites a reactivation fee in addition to full payment of the outstanding balance due. If SolaSites collects any payment due through an attorney or under advice from an attorney or through a collection agency, the Charity will pay all costs of collection and litigation, including, without limitation, all court costs and SolaSites’s reasonable attorneys’ fees. If any payment is returned for insufficient funds SolaSites may impose at our sole discretion, an additional processing charge of $25 per returned payment.
It is your responsibility to determine what, if any, taxes apply to the donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
5. Term and Termination
Services for a Charity will commence on the effective date indicated in the order and continue for the duration of the term specified in the Service Description. Thereafter, your subscription will automatically renew for successive monthly or annual periods, as the case may be. You can cancel your subscription at any time. Following the termination of your subscription, you will continue to have access to our Services for the balance of the pre-paid subscription period.
SolaSites may terminate this Agreement (i) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, or (ii) immediately by giving written notice to a Charity if SolaSites determines in good faith that the Charity’s use of the Website, Services, or the Content violates these Terms of Service. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. Notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which SolaSites may be entitled.
6. Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify SolaSites of any unauthorized use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Services. SolaSites will not be liable for any loss or damage arising from your failure to comply with this Section.
7. Modifications to Services
SolaSites reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
8. Public Content; Public Display of donations
Some of your activity on and through the Services is public, such as content you post publicly on the Website. Additionally, user profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the Services. If you choose to provide information using public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information.
9. Data Retention
You acknowledge that SolaSites has no obligation to retain data relating to any account or donation campaign. You acknowledge that SolaSites reserves the right to delete data or to terminate accounts at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
10. Mobile Services
The Services include certain features that may be made available via a mobile device, including the ability to (i) upload content to the Platform, (ii) browse the Platform and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your SolaSites account information to ensure that your messages are not sent to the person that acquires your old number.
11. Prohibited Conduct
You are solely responsible for all descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (the “Content”) that you upload, post, publish, display, transmit or otherwise use (collectively, “Upload”) via the Services. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.
The following are examples of Content or use that is illegal or prohibited by SolaSites. This list is not exhaustive, and we reserve the right to investigate anyone who, in our sole discretion, violates any of the terms of these Terms of Service. We further reserve without limitation the right to remove the offending Content, suspend or terminate the account of such violators, stop payments to any such Charity, freeze or place a hold on donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and our users. Without limiting the foregoing, you agree not to use the Services to raise funds or contribute to any Charity involving (directly or indirectly):
- violations of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;
- any election campaigns;
- content that is fraudulent, misleading, inaccurate, dishonest, or impossible;
- illegal drugs, narcotics, controlled substances, pharmaceuticals or other similar products;
- knives, explosives, ammunition, firearms, or other weaponry or accessories;
- gambling, gaming or any other activity with an entry fee and a prize;
- pornography or other sexual content;
- offensive, graphic, perverse or sensitive content;
- counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
- products or services that infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
- any other activity that SolaSites may deem in its sole discretion to be in support of individuals or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature;
- transmit or otherwise Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities or sales, “junk mail,” “spam,” “chain letters,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of SolaSites, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose SolaSites or its users to any harm or liability of any type;
- interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- harvest or collect email addresses or other contact information of other users from the Services by electronic or other means; or
- raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor.
Additionally, with respect to all donations you make or accept through the Services, you agree:
- not to make or accept any donations that you know or suspect to be erroneous, suspicious or fraudulent;
- not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
- to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by SolaSites from time to time;
- to maintain a copy of all electronic and other records related to donations as necessary for SolaSites to verify compliance with these Terms of Service and make such records available to SolaSites upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
- at SolaSites’s request, including without limitation in case of investigations by SolaSites, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
SolaSites and our processing partners reserve the right to refuse, condition, or suspend any donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or SolaSites, or that expose you, SolaSites, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your donors, your donations, and transactions made through or in connection with your use of the Services.
12. Donations and Payments
In order to contribute to a Charity, a donor will be required to provide SolaSites information regarding its credit card or other payment instrument (“Payment Instrument”) that is linked to the donor’s account on the Services (a “Billing Account”). You, as a donor, represent and warrant to SolaSites that such information is true and that you are authorized to use the applicable Payment Instrument. By using the service, you agree that SolaSites and our Payment Processors may store a tokenized, secure profile representing or containing your Payment Instrument for use in facilitating your one-time or recurring contribution. You agree that a certain minimum donation amount may apply, and that all donation payments are final and will not be refunded unless SolaSites, in its sole discretion, agrees to a refund, in which event it will first become the Charity’s obligation to reverse the entire donation transaction. If necessary, SolaSites and our Payment Processors (defined herein) reserve the right to refund any and all donations made to any Charity using our platform via a withdrawal (defined herein).
By agreeing to these Terms, you also specifically agree to be bound by the Payment Processing Agreements, as modified by the Payment Processors from time to time. As a condition of us enabling payment processing services through our Payment Processors, you agree to provide accurate and complete information about you and your organization, and you authorize us to share such information and transaction information related to your use of the payment processing services with our Payment Processors. Please contact us if you have any questions about any of our third-party Payment Processors.
Although our Payment Processors electronic forms may be displayed on our Website or Service, we accept no responsibility or liability for their collection and storage of your payment details or personal information. Our Payment Processors may have their own additional terms and conditions and privacy policies, which apply to your personal information and payment transactions.
You may be charged a Convenience Fee for any donation made through the Services, which amount will be shown to you before completing the donation.
SolaSites may at its sole discretion choose to cover or otherwise mitigate the costs of some of these convenience fees (or any other financial processing-related fees or charges) on behalf of Donors and Charities. These fees and charges are covered by SolaSites in good faith to help Charities and Donors maximize their donations.
Any abusive, malicious, or excessive use or misuse of the SolaSites platform — whether intentional or unintentional that results in abnormally high fees and charges being covered by SolaSites may be subject to cost-sharing, and all or a portion of the covered fees and charges may be be billed to the Charity at SolaSites’s cost. This billing will be in addition to the Service Fee a Charity pays SolaSites for use of the Platform, and will be billed on a monthly basis if deemed necessary by SolaSites. By agreeing to our terms and using the Service, you agree that SolaSites may charge your payment method on file for these additional amounts on a monthly basis whenever applicable.
While SolaSites strives to make deposits from donations and payments made to Charities available promptly, you acknowledge and agree that deposits may not be available to you for use immediately, and SolaSites does not guarantee that deposits will be available to you within any specific time-frame, and SolaSites expressly disclaims any and all responsibility for any delay or inability to access and use deposits at any specified time, and any consequences arising from such delay or inability. You, as a Charity, are responsible for ensuring that the information you provide to SolaSites in order to process a deposit, including your bank account information, is accurate and up to date.
13. Account Holds
From time to time, SolaSites or our Payment Processors may (in our sole discretion) place a hold on a Charity’s account, restricting deposits (defined herein) to a Charity. Some of the reasons that we may place a hold on a Charity’s account include the following: (i) if we have reason to believe that information provided by a Charity is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if we have reason to believe that a Charity has violated these Terms of Service, (iii) if we have reason to believe that there may be suspicious or fraudulent donation activity, or (iv) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.
14. Refunding Donations and Payments
While SolaSites and our Payment Processors strive to make refunds extremely rare, and strive to provide reasonable notice of larger consequential actions, you acknowledge and agree that withdrawals from a Charity’s account may be made from time to time. More specifically, SolaSites or our Payment Processors may, at any time, for any reason, without notice, and in our or our Payment Processors’ sole discretion, offer or issue a refund of donation(s) or payment(s) with or without consulting with you, which may comprise the entire amount donated to your Charity and cause the related funds to be withdrawn from your bank account. SolaSites and our Payment Processors are not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by SolaSites or our Payment Processors issuing refunds or performing withdrawals, including, but not limited to transaction or overdraft fees that you may incur.
15. Intellectual Property Rights
Our Website and Service contain open source and public domain content, licensed content as well as proprietary content owned by us and by independent content providers (“ICP’s”). All rights, title and interest in and to the Website, the Service and their contents, including our website templates, are and will remain the exclusive property of SolaSites, our ICPs and/or licensors, including all intellectual property rights. You are not permitted to copy, share, sell or distribute any other content (including but not limited to text, images, trademarks, videos and audio) on the Website or Service, without our or the owner’s consent.
You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by SolaSites, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally Upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by SolaSites from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of SolaSites, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by SolaSites.
The SolaSites name and logos are trademarks and service marks of SolaSites (collectively the “SolaSites Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to SolaSites. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of SolaSites Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of SolaSites Trademarks will inure to our exclusive benefit.
- Video Licensing Terms: As part of your subscription to our Service you will have access to our library of stock videos clips (“Clips”). With your subscription, we grant you, and only you (the holder of an account with us), a non-exclusive, royalty-free, worldwide license to use the Clips in your organization’s own video projects. You can access and download the Clips in your SolaSites account. You agree and acknowledge that we, or where applicable, our ICP’s, will continue to own the Clips licensed to you as part of our Service. By licensing access to our Clips, we are not transferring, selling or assigning title or ownership of any Clips to you. Nor are we waiving any copyright or moral rights to the Clips. The licensed granted to access and use our Clips is limited to creating video content for your organization’s own video projects. You are not permitted to use our Clips for the purpose of sublicensing or selling access to them, whether as part of a stock video business or otherwise. You agree that you shall only download Clips which you intend to use in your organization’s own videos during the term of your subscription, in accordance with these Terms. Accordingly, you agree not to download all or large portions of our video library in bulk. While our Clips are primarily intended for use by Charities, for non-commercial purposes, where you create a video project that uses a Clip from us, you may only sell, commercialize or license access to your own video, which uses our Clips, where our Clips do not comprise more than twenty-five percent (25%) of the overall duration of the video (the “25% Restriction”). Prior to the sale or licensing of your own videos, which include our Clips, you shall disclose to the purchaser, licensee, viewer or other applicable third parties the fact that we own the Clips and that their use is protected by copyright and restricted by these Terms, including for example, the 25% Restriction. This means that, and you shall ensure that, your customers or clients are restricted from on-selling or re-licensing our Clips, or using our Clips, or portions thereof, in any other video, project or business. To the extent you sell or license access to your own videos, which include our Clips, you agree to impose the above restrictions on the use of our Clips and contractually preclude such third parties from using our Clips in any derivative works. Notwithstanding the foregoing, you agree that you will not use, or allow the use of our Clips in videos, advertisements, or in a context (for example on a website) that associates our Clips with unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, pornographic, threatening, racially or ethnically offensive or abusive content, products or services. You further agree that you will not use, or allow the use of our Clips in videos, movies, advertisements, or in a context (for example on a website) that may encourage a criminal offense, give rise to civil liability (including for example intellectual property infringement), or violate any local, state, provincial, national or international law or regulation. Some of our Clips may feature individual models (“Models”). You agree that you will not use any of our Clips and will not display Models in any videos or other content in a manner which a reasonable person, in the Model’s circumstances, would find offensive or objectionable. Without limiting the forgoing, you agree that Clips displaying a Model will not be used in connection with, or in any way related to videos, businesses, projects or websites which:
- Have or display pornographic, unlawful or immoral content;
- Have or display, whether for sale or otherwise, unlawful drugs or tobacco products;
- Portray the Model negatively or in a derogatory manner; or
- Portray the Model as accepting of or promoting defamatory, libelous, harmful, hateful, harassing, bullying, threatening, racially or ethnically offensive or abusive content, products or services.
- Third-Party Material: Under no circumstances will SolaSites be liable in any way for any content or materials of any third parties (including users and Charities) or any User Content (defined below), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that SolaSites does not pre-screen content, but that SolaSites and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
- User Content Transmitted Through the Services: With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you Upload or post through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content in connection with the Services, you hereby grant and will grant SolaSites and its affiliated companies and users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, Upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless SolaSites and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of SolaSites in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or SolaSites’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to SolaSites are non-confidential and SolaSites will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that SolaSites may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SolaSites, its users or the public.
- Copyright Complaints: SolaSites respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify SolaSites of your infringement claim in accordance with the procedure set forth below. SolaSites will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to SolaSites’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”). If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to Upload and use the content in your User Content, you may send a written counter-notice to the above-listed Copyright Agent.
16. Payment Card Industry Data Security Standard:
The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, SolaSites is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment. SolaSites uses 256 Bit SSL technology for data transactions. All personal, credit card, and bank information is submitted using 256-bit encryption.
17. Third-Party Websites and Services
The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third-Party Resources”). SolaSites has no control over such Third-Party Resources or any products, services or content made available through or by such Third-Party Resources, or the business practices of the third parties providing such Third-Party Resources, and SolaSites is not responsible for and does not endorse such Third-Party Resources or the products, services or content made available thereby. You acknowledge that SolaSites is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Resources. You further acknowledge and agree that SolaSites will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third-Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms of the third party, which you agree to by using such Third-Party Resources, and you agree that SolaSites is not liable for any loss or claim that you may have against any such third-party.
18. Indemnity and Release
You agree to release, indemnify on demand, and hold SolaSites and its affiliates and their officers, members, managers, employees, directors and agents harmless from any and all losses, damages, expenses (including reasonable attorneys’ fees), costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to (i) your use of the Services, (ii) any donation, any User Content, or your connection to the Services, (iii) your violation of these Terms of Service, or (iv) your violation of any rights of another. You agree that SolaSites has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify SolaSites for the costs of its defense (including, but not limited to attorney’s fees.) If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
19. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING, BUT NOT LIMITED TO, WEBSITE BUILDER, STOCK VIDEOS, AND SOCIAL MEDIA SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOLASITES AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SOLASITES AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
20. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SOLASITES NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF SOLASITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (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 SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SOLASITES’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SOLASITES IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
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 LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
- Arbitration; Class Action Waiver: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS, MEMBERS, OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, OR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
- The Process: Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org by calling the AAA at 1-800-778-7879. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: SolaSites, 7467 Mission Gorge Road, Space 45, Santee CA 92071. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing or as provided by law.
- Fees: If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location in San Diego County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability: If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service.
- Confidentiality: We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
You agree that SolaSites, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
23. User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Services and NSolaSitescleus will have no liability or responsibility with respect thereto. SolaSites reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms of Service constitute the entire agreement between you and SolaSites and govern your use of the Services, superseding any prior agreements between you and SolaSites with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of SolaSites without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and SolaSites agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Diego County, SolaSites. The failure of SolaSites to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of SolaSites, but SolaSites may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.
25. Questions? Concerns? Suggestions?
Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.