Terms and Conditions

ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT SOLARRUS CORPORATION AND ITS SUBSIDIARIES (COLLECTIVELY “SOLARRUS”) MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT SOLARRUS MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “SOLARRUS WEBSITE.”

The SOLARRUS Website is protected under United States and international copyright laws. Any unauthorized use of the SOLARRUS Website may violate copyright, trademark, and other laws.

You agree not to use the SOLARRUS Website (including, without limitation, any Materials or Services you may obtain through your use of the SOLARRUS Website): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the SOLARRUS Website or servers or networks connected to the SOLARRUS Website. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the SOLARRUS Website; or (y) attempt to gain unauthorized access to any portion of the SOLARRUS Website or any other accounts, computer systems, or networks connected to the SOLARRUS Website, whether through hacking, password mining, or any other means.

THE SOLARRUS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOLARRUS WEBSITE IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT SOLARRUS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. SOLARRUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOLARRUS WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOLARRUS MAKES NO WARRANTY THAT THE SOLARRUS WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE SOLARRUS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SOLARRUS WEBSITE WILL BE CORRECTED. SOLARRUS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOLARRUS WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SOLARRUS WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SOLARRUS WEBSITE OR FROM SOLARRUS, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE SOLARRUS PARTIES”) SHALL CREATE ANY WARRANTY. SOLARRUS DISCLAIMS ALL EQUITABLE INDEMNITIES.

IN NO EVENT WILL ANY OF THE SOLARRUS PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$4.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE SOLARRUS WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SOLARRUS WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY SOLARRUS PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

The information and services included in or available through the SITE may include errors or inaccuracies. Solarrus may make changes to the SITE at any time without notice. Solarrus does not guarantee that access to or use of the Site will be uninterrupted or error free, that bugs or malfunctions will be corrected, or that the Site and its servers are free of harmful components. Solarrus does not guarantee that the uses of its Site, or the materials provided within the SITE, are accurate, without error, or reliable.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any SOLARRUS Party 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 the SOLARRUS Party’s liability shall be the minimum permitted under such applicable law.

SOLARRUS reserves the right to modify, suspend, or discontinue the SOLARRUS Website at any time without notice to you.

Links on the SOLARRUS Website to third-party Website are provided solely as a convenience to you. If you use these links, you will leave the SOLARRUS Website. SOLARRUS is not obligated to review such third-party Website, does not control such third-party Website, and is not responsible for any such third-party Website (or the products, services, or content available through the same). Thus, SOLARRUS does not endorse or make any representations about such third-party Website, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party Website linked to from the SOLARRUS Network, you do this entirely at your own risk.

You may create links to this Site from other Website, but only in accordance with the following terms and in compliance with all applicable laws.

Absent SOLARRUS’s written authorization otherwise, a website that links to this Site:
(a) may link to, but shall not replicate, any Materials (including any SOLARRUS logo);

(b) shall not create a browser or border environment around any Materials;

(c) shall not imply that SOLARRUS endorses such website or any products, services, or content available through such website;

(d) shall not misrepresent its relationship with SOLARRUS;

(e) shall not present false or misleading information about SOLARRUS, its products, or its services;

(f) shall not contain content that could be construed as distasteful, offensive, or controversial; and

(g) shall contain only content that is appropriate for all age groups.

SOLARRUS and any other product or service name or slogan or logo contained in the SOLARRUS Website are trademarks of SOLARRUS and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SOLARRUS or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with SOLARRUS or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of SOLARRUS without SOLARRUS’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of SOLARRUS and may not be copied, imitated, or used (in whole or in part) without SOLARRUS’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by SOLARRUS.

SOLARRUS respects the intellectual property rights of others. Accordingly, SOLARRUS has a policy of removing User Submissions that violate copyright law, suspending access to the SOLARRUS Website (or any portion thereof) to any user who uses the SOLARRUS Website in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the SOLARRUS Website in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, SOLARRUS has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the SOLARRUS Website, please provide written notice to the following SOLARRUS agent for notice of claims of infringement:

Attn: INF CLAIMS
Solarrus Corporation
17872 Cartwright Rd
Irvine, CA 92614

Your written notice must:
(a) contain your physical signature;

(b) identify the copyrighted work or other intellectual property alleged to have been infringed;

(c) identify the allegedly infringing material in a sufficiently precise manner to allow SOLARRUS to locate that material;

(d) contain adequate information by which SOLARRUS can contact you (including postal address, telephone number, and e-mail address);

(e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;

(f) contain a statement that the information in the written notice is accurate; and

(g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to SOLARRUS’s designated agent.

Any Materials that are downloaded by or on behalf of the United States of America, its agencies, and/or instrumentalities (”U.S. Government”), are subject to the provisions of FAR 12.211 – “Technical Data”, and FAR 12.212 – “Computer Software” , or to clauses providing SOLARRUS equivalent protections in DFARS or other agency specific regulations.

You agree to indemnify, defend, and hold harmless the SOLARRUS Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. SOLARRUS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with SOLARRUS’s defense of such claim.

When you visit the Site or send e-mails to SOLARRUS, you are communicating with SOLARRUS electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that SOLARRUS provides to you electronically satisfy any legal requirement that such communications be in writing.

These Terms, together with any additional terms to which you agree when using particular elements of the SOLARRUS Website, constitute the entire and exclusive and final statement of the agreement between you and SOLARRUS with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and SOLARRUS with respect to such subject matter. The SOLARRUS Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and SOLARRUS shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the SOLARRUS Website shall be brought in the Federal or State courts located in Orange County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of SOLARRUS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of SOLARRUS and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the SOLARRUS Website. These Terms will be interpreted without application of any strict construction in favor of or against you or SOLARRUS. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SOLARRUS without restriction.

SOLARRUS may, in its sole and absolute discretion, change these Terms from time to time. SOLARRUS will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the SOLARRUS Website. Continued use of the SOLARRUS Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the SOLARRUS Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.