Last updated: 2018, November 19
PLEASE READ THE GENERAL TERMS BEFORE USING THE SITE
The following terms govern and apply to your use of the site maintained by Solotech (the “Site”).
5. PROCESSING OF MATERIAL. You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connection networks or devices. We assume no responsibility for the deletion of or failure to store postings or other information submitted by you or other site users. You agree not to obtain, gather or store Site user information, or user content, nor to use such information for purposes that are incompatible with the objective of the site or to transmit or facilitate the transmission of advertising, spam or bulk emails, or unsolicited communications. You may not: (i) take any action that imposes, or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper functioning of the Site or any activity carried out on the Site; (iii) circumvent the measure we may use to prevent or restrict access to the Site or to certain sections of it (or to other accounts, computer systems or networks linked to the Site); (iv) use any form of auto-responder or spam on the Site; (v) use software, devices or other manual or automated processes to index or collect information on any Site page; or (vi) gather or capture any Site content.
6. CONTESTS. This Site may, from time to time, run contests offering prizes or requiring you to submit material or information about you. Every contest has its own rules, which you must read and accept before entering.
7. INTELLECTUAL PROPERTY. This Site and all its contents, including but not limited to articles, other texts, photos, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphs and icon buttons, excluding user content (collectively “Proprietary Material”), are protected by copyright law, trademark law and all other laws in Canada, as well as by international conventions and the laws of other countries. Proprietary Material is owned by, or controlled by, Solotech or by other parties that have granted us their rights.
In the event that we make a Site available to you that permits you to modify an image (notably, to test a product virtually), you hereby acknowledge and agree that this Site will be for your private use only and for its intended purpose. You may not use such Site in a manner that could damage the honour, reputation or rights of a third party.
8. USE OF COMPANY CONTENT. We may provide you with certain information as a result of using the Site, including but not limited to documents, data or information developed by us, or any other element that could help you use the Site or the services (“Company Content”). Company Content cannot be used for any purpose other than for using the Site and the services offered on the Site. Nothing herein may be construed as granting you a licence or intellectual property rights.
9. ACCEPTABLE USE OF SITE. You agree not to use the Site for any purpose that is illegal or prohibited under this clause. You agree not to use the Site in a manner that could damage Solotech’s Site, services or business activities.
You also agree not to use the Site to:
a) harass, abuse or threaten others or otherwise violate the rights of an individual;
b) violate the intellectual property of Solotech or that of any third party;
c) download or transmit computer viruses or any other software that could damage the property of Solotech or of others;
d) commit fraud;
e) create gambling activities, lotteries or illegal pyramid schemes or participate in them;
f) post or distribute obscene or defamatory material;
g) post or distribute any material that incites violence, hatred or discrimination toward any group whatsoever; and/or
h) unlawfully gather information on others.
10. PRIVACY PROTECTION. By using our Site, you may be providing us with certain information. By using the Site, you permit us to use your information in Canada and in any other country in which we might operate.
We may receive information from external applications that you use to access our Site, or we may receive information about you through various web technologies, such as cookies, history, web beacons (also called “invisible GIFs”), tags and others.
We use the information collected on you to ensure you have a good experience on the Site. We may also trace certain passive information received to improve our marketing and analytics and, to do this, we may work with third parties, including other marketers.
If you wish to block our access to any passive information that we receive by using various technologies, you can choose to disable cookies in your web browser.
11. DISCLAIMER. Our Site exists solely for communications purposes. You acknowledge and agree that any information posted on our Site is not intended to be legal, medical or financial advice and no fiduciary relationship has been established between you and Solotech. We are not liable in any way for advice or any other information communicated on the site.
13. SPAM POLICY. It is strictly forbidden to use the Site or any service offered on the Site for illegal activities related to spam, including collecting addresses and personal information on others or sending bulk commercial emails.
14. THIRD PARTY LINKS AND CONTENT. You may be linked to third-party websites, services or resources, and such third-party websites, services or resources may contain links to the Site (“Linked Sites”). We are not responsible for the content, availability, advertising, products, service or other material provided on such Linked Sites or for any links contained in a Linked Site, and the inclusion of such Linked Sites on our Site does not imply that we approve or endorse any material whatsoever that the Linked Sites contain, or to which they provide access. In no event can we be held responsible, directly or indirectly, to you or any other person or entity for any loss or damages arising from or due to the creation or use of Linked Sites, or for any information or material accessible via Linked Sites. The Site allows you to order and receive products, information and services from companies that do not belong to us and that we do not operate. The purchase, payment, warranty, shipping, maintenance and everything relating to merchandise, service or information, opinions or advice requested or received from such companies concerns only you and said companies. We do not endorse or make any warranties for such products, information or services and neither are we responsible in any way for the accuracy, completeness or usefulness of such information nor for the quality or availability of these products and services. We are not a party to, and in no case responsible for, monitoring any product, service or information transactions that take place between you and third-party suppliers, and we make no warranties as to the confidentiality of such transactions.
15. EVENTS. You may be invited or requested to take part in events that we sponsor, or events organized by other members and users of the Site that are in no way associated with us (collectively, the “Events”). Your participation in any Event is at your own risk and you agree to hold us, our subsidiaries, agents, distributors and affiliates harmless from any and all claims, actions, demands, responsibilities, fees and expenses, including but not limited to any injury or death for which you, your children or wards are responsible, arising from your presence at an Event or participation in activities available at Events, whatever they may be.
We may check your software version and automatically update it to improve its performance and capacity. If you close the software during an automatic update or interfere in any manner whatsoever with the update installation, the software may be damaged and/or stop working.
17. DISCLAIMER CLAUSE. SITE VISITORS ACCEPT THAT THEIR USE OF, AND THEIR TRUST PLACED IN ANY ADVICE OR INFORMATION WHATSOVER OBTAINED ON OR THROUGH THIS SITE, IS AT THEIR OWN RISK. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE (INCLUDING OUR AFFILIATES, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AS WELL AS THEIR RESPECTIVE DIRECTORS, MANAGERS AND EMPLOYEES) EXPRESSLY DECLINE ANY RESPONSIBILITY FOR ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES OF AVAILABILITY, ACCURACY, ADEQUACY, RELIABILITY, OPPORTUNITY OR USEFULNESS OF SITE CONTENT, AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ALL WARRANTIES IMPLIED BY ANY COURSE OF ACTION OR BY ANY TRADE USAGE. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES FOR ANY LINKED SITES, AND WE ARE NOT RESPONSIBLE FOR YOUR USE OF THESE SITES. IN SOME CASES, THE CONTENT PROVIDED ON THE SITE MAY REPRESENT THE OPINIONS AND JUDGEMENTS OF SUPPLIERS OR USERS, AS IS THE CASE WITH USER CONTENT. NEITHER WE NOR OUR AFFILIATES ENDORSE OR CAN BE HELD LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT POSTED ON THIS SITE BY ANY PERSON OTHER THAN OUR AUTHORIZED EMPLOYEES ACTING IN THAT CAPACITY.
THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR INJURIES CAUSED BY (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN CONTENT AVAILABLE ON THIS SITE, OR (2) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFAULT, DELAY IN OPERATION OR IN TRANSMISSION, COMPUTER VIRUS, COMMUNICATION FAILURE, THEFT OR DESTRUCTION OF ARCHIVES OR INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ARCHIVES, INFORMATION OR DATA, WHETHER THROUGH A BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR ANY OTHER CAUSE OF ACTION. WE DO NOT GUARANTEE THAT: (1) ANY PART OF THIS SITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES, OR ANY OTHER CONTAMINATION OR DESTRUCTIVE ACTION, OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATIONS RELATING TO THE USE OF THE SITE OR ANY RESULTS OF USING MATERIAL AVAILABLE ON THE SITE. YOU (AND NOT US OR ANY OF OUR AFFILIATES) ARE RESPONSIBLE FOR ALL COSTS INCURRED FOR ANY REQUIRED TROUBLESHOOTING, REPAIRS OR CORRECTIONS.
WE ARE NOT OBLIGATED TO ASCERTAIN THE IDENTITY OF EVERY PERSON WHO SIGNS INTO OR USES THE SITE. WE THEREFORE DECLINE ALL RESPONSIBILITY WHATSOEVER IN CASE OF IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, THIS EXCLUSION MAY NOT APPLY TO YOU.
19. LIMITATION OF LIABILITY. REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT OR LEGAL LIABILITY, IN NO EVENT SHALL WE AND OUR SUBSIDIARIES, INCLUDING BUT NOT LIMITED TO OUR OR THEIR DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS, BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION LOSSES, UNNECESSARY EXPENSES, LOSS OF PROFITS, LOSS OF ANTICIPATED PROFITS, LOSS OF PROGRAMS, REPLACEMENT COSTS FOR EQUIPMENT, SOFTWARE OR OTHER GOODS AND SERVICES, OR LOSS OF ARCHIVES, INFORMATION OR DATA), OR ANY OTHER DAMAGE ARISING FROM OR RELATED TO: (i) THE AVAILABILITY OF, USE OF, DEPENDENCE ON, OR INABILITY TO USE THE SITE OR ANY APPLICATION, CONTENT OR ANY OTHER MATERIAL CONTAINED IN, OR THAT CAN BE ACCESSED OR DOWNLOADED FROM THE SITE; (ii) ANY CLAIM (INCLUDING FOR MATERIAL DAMAGE SUFFERED BY YOUR DEVICE OR COMPUTER SYSTEM) ARISING OUT OF ERRORS, OMISSIONS OR OTHER TECHNICAL INACCURACIES, OR DESTRUCTIVE PROPERTIES OF THE SITE OR LINKED SITES, OR TO ANY INFORMATION, SOFTWARE, PRODUCT, SERVICE OR OTHER MATERIAL AVAILABLE ON OR VIA THE SITE OR THE LINKED SITES, EVEN IF WE OR OUR SUBSIDIARIES, OR OUR DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS ARE AWARE OF OR HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH PROVINCES AND JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTEND PERMITTED BY LAW (LIMITING OUR LIABILITY TO YOU TO THE MINIMUM AUTHORIZED BY APPLICABLE LAW).
YOU EXPRESSLY AGREE THAT WE ARE NOT RESPONSIBLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISKS OR DAMAGES ARISING OUT OF THE FOREGOING ARE YOUR SOLE RESPONSIBILITY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE AFOREMENTIONED CLAIMS, OR IN THE EVENT OF A DISPUTE OF ANY KIND DIRECTED AGAINST US OR ONE OF OUR SUBSIDIARIES, IS TO DISCONTINUE USING THE SITE.
21. SERVICE INTERRUPTIONS. We may need to interrupt access to the site to perform maintenance or unplanned emergency work. You agree that your access to the Site may be affected by unplanned or unexpected unavailability, for any reason, and that we will in no way be held liable for damages or losses arising out of this unavailability.
22. PRIVACY. Internet communication is subject to interception, loss and alteration. Therefore, you acknowledge that information or material that you provide electronically through your access to or use of this Site is not confidential or exclusive, except as may be required under applicable law, and that unprotected email communication over the Internet is subject to possible interception, alteration or loss.
23. QUESTIONS AND ADDITIONAL INFORMATION. For all other questions or to obtain more information, please contact us at the following address: [email protected]
For more information