Pinpointe Web Analysis

Terms of Use

Ownership of Site; Agreement to Terms of Use. These Terms and Conditions of Use (the “Terms of Use”) apply to the Solus Group, Inc. (“Solus”) web site located at www.solusgrp.com or solusgrp.com, and all associated sites linked to www.solusgrp.com or solusgrp.com by Solus, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of Solus and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Solus reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Solus grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Solus, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Solus’ express prior written consent.

You may use information on Solus Goods (as defined in Solus’ Terms and Conditions) (such as data sheets, knowledge base articles, and similar materials) purposely made available by Solus for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Use of the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Solus server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Solus or others.

Purchases; Other Terms and Conditions. Additional terms and conditions, including, but not limited to, Solus’ Terms and Conditions of Sale apply to purchases of Goods, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such additional Terms and Conditions. If there is a conflict between these Terms of Use and any terms applicable to any Goods ordered through the Site, the latter terms shall control with respect to the specific Goods ordered.

Solus’ obligations, if any, with regard to Goods are governed solely by the Terms and Conditions pursuant to which they are provided, and nothing on this Site should be construed to alter such understanding.

Solus may make changes to any Goods offered on the Site, or to the applicable prices for any such Goods, at any time, without notice. The materials on the Site with respect to Goods may be out of date, and Solus makes no commitment to update the materials on the Site with respect to such Goods.

Representations and Warranties. By checking the "I agree to these Terms of Use presented electronically" box,, you consent and agree that: 

• Solus may provide disclosures required by law and other information about your legal rights and duties to you electronically. 

• You promise to pay, in full and in accordance with the Terms and Conditions, for all purchases of Goods made under your account via the Site, regardless if such order was properly authorized by you or not. 

• You promise to pay all costs of collection taken by Solus to collect all amounts owed to Solus with respect to purchases made under your account including, unless prohibited by applicable law, reasonable attorneys' fees and expenses to the maximum amount permitted by applicable law.

Accounts, Passwords and Security. Certain features or services offered on or through the Site may require you to open an account (including setting up a Solus ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Solus immediately of any unauthorized use of your account or password, or any other breach of security. You hereby agree and acknowledge that you will be held liable for losses incurred by Solus or any other user of or visitor to the Site due to someone else using your Solus ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Solus ID, password or account at any time without the express permission and consent of the holder of that Solus ID, password or account. Solus cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Disclaimers. Solus DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Solus CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Solus DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Solus DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Solus SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Solus FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Solus reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability. Except where prohibited by law, in no event will Solus be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Solus has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Solus is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, Solus’ liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity. You agree to indemnify and hold Solus, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Solus by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use. Solus may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Solus’ rights or property, or the rights or property of visitors to or users of the Site, including Solus’ customers. Solus reserves the right at all times to disclose any information that Solus deems necessary to comply with any applicable law, regulation, legal process or governmental request. Solus also may disclose your information when Solus determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Solus may preserve any transmittal or communication by you with Solus through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Solus determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Solus, its employees, users of or visitors to the Site, and the public.

You agree that Solus may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Solus, for which monetary damages would be inadequate, and you consent to Solus obtaining any injunctive or equitable relief that Solus deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Solus may have at law or in equity.

You agree that Solus may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Solus does take any legal action against you as a result of your violation of these Terms of Use, Solus will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Solus. You agree that Solus will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Missouri without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in Saint Louis County, Missouri, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are subject to the limitation set forth in the applicable terms and conditions. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Solus and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Digital Signature. You represent and warrant that you have the legal right, power and authority to agree to these Terms of Use. You further agree that your actions of clicking the "I Agree" checkbox and typing your full name on the signature line below constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (E-SIGN") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated these Terms of Use and acknowledged and agreed that these Terms of Use are an electronic record for purposes of E-SIGN and UETA and as such is completely valid, has legal effect, is enforceable, and is binding and non-refutable by you

Miscellaneous. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Solus with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Solus with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Solus, Solus will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Solus’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Solus of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Solus and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

The information contained in this web site is subject to change without notice.
Copyright © 2013 Solus Group, Inc. All rights reserved.

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