Terms of Use
1. ACCEPTANCE OF TERMS
By using Solar Mosaic’s website ("Site") you agree to these Terms of Use ("Terms") and the Solar Mosaic Privacy Policy, including any future amendments.
2. USE OF SITE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. The Site at solarmosaic.com is controlled and operated by Solar Mosaic ( "we", or "us"). By accessing and using this Site, located at http://www.solarmosaic.com or any of Solar Mosaic's other URLs, you are hereby agreeing to be legally bound by these Terms. By utilizing the Site, you agree that you alone are responsible for compliance with any applicable laws and regulations. If you do not agree with all of the following Terms, do not use this Site. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review these Terms often to keep yourself apprised of any changes. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms.
3. POLICY DATE
These Terms were last updated on February 28, 2012.
4. NO INVESTMENT ADVICE OR RECOMMENDATIONS
All information on the Site is for information and education purposes only. Although Solar Mosaic may provide information relating to investment approaches and opportunities to buy or sell securities, you should not construe any market information, features, tools or other content available from the Site as legal, tax, investment, financial or other advice. We are not securities brokers or dealers. No service we provide or content on the Site constitutes a solicitation, recommendation, endorsement, or offer by Solar Mosaic or any third party provider to buy or sell any securities or other financial instruments.
You alone assume sole responsibility for evaluating the merits and risks associated with the use of any Solar Mosaic feature or Site before making any decisions based on market information or opportunities you may learn of through information provided by Solar Mosaic. In exchange for your ability to access information on the Site, you agree not to hold Solar Mosaic or any third party service provider liable for any possible claim for damages arising from any decision you make based on information made available to you in any way by Solar Mosaic.
5. PROPRIETARY RIGHTS
All software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements (collectively, "content") are the property of Solar Mosaic and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
6. COPYRIGHTS
All content of this Site is subject to the copyright 2010 of Solar Mosaic, or are the proprietary property of Solar Mosaic's vendors, affiliates, licensors or partners. No content of this Site may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party without the express prior written consent of Solar Mosaic. All rights reserved.
7. DISCLOSURE OF PERSONAL INFORMATION
You agree that we may share your personal information that you provide via our Site with third parties or affiliates to the extent necessary to provide our complete service. However, such information will only be shared with third parties or affiliates of Solar Mosaic who are under contractual nondisclosure obligations and who have adopted security measures at least as strict as ours.
8. DISCLAIMER
THE SITE AND THE INFORMATION AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." SOLAR MOSAIC, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD-PARTY PROVIDERS TO THE SITE DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE AND ANY INFORMATION AND SERVICES PROVIDED ON THE SITE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. SOLAR MOSAIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS OR FEATURES ON THE SITE OR OTHERWISE RELATING TO SUCH MATERIALS, OR ON ANY SITES LINKED TO THE SITE.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOLAR MOSAIC, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD-PARTY PROVIDERS TO THE SITE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, FEDERAL OR STATE SECURITIES LAWS, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
10. LINKS TO THIRD PARTY SITES
The Site may contain hyperlinks to other websites controlled by parties other than Solar Mosaic. Solar Mosaic is not responsible for and does not endorse the contents or use of these websites.
11. INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Solar Mosaic, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you.
12. DISPUTES
Any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Boulder, Colorado, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the state of Colorado without regard to conflict-of-laws principles, and jurisdiction for any court action will be in Boulder, Colorado.
13. SEVERABILITY
If any provisions of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
14. SURVIVABILITY
All provisions of these Terms relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use of the Site, for whatever reason.
15. USE LICENSE
Permission is granted for you to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a. modify or copy the materials;
b. use the materials for any commercial purpose, or for any public display (either commercial or non-commercial);
c. attempt to decompile or reverse engineer any software contained on the Site;
d. remove any copyright or other proprietary notations from the materials; or
e. transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of the above restrictions and may be terminated by Solar Mosaic for any reason, or no reason. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
16. USER CONTENT AGREEMENT
Any content that is deemed “hate speech” because it may incite violence or prejudicial action against or by a protected individual or group, or because it disparages or intimidates a protected individual or group is explicitly forbidden and may be prosecuted under U.S. law. This includes discrimination against a protected group or individual on the basis of race, gender, ethnicity, disability, nationality, religion, sexual orientation, gender identity, or other characteristic. Additionally, Solar Mosaic reserves the right to deem any other content inappropriate.
After the first offense, the content will be removed and the user will receive an email. If there is a second offense, the content will be removed, the user will be emailed and the user’s role will be restricted.
After the first offense, the content will be removed and the user will receive an email. If there is a second offense, the content will be removed, the user will be emailed and the user’s role will be restricted.