ACCEPTANCE OF TERMS
Welcome to SOLpass - www.SOLpass.org. SOLpass provides its services to you, subject to the following conditions. When using particular SOLpass services, you and SOLpass shall be subject to any posted guidelines or rules applicable to such services. SOLpass may update these conditions from time to time without notice.
DESCRIPTION OF SERVICE
SOLpass provides users with access to online services that allow you to play games and quizzes over the Internet. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new SOLpass services, shall be subject to the Terms of Service (TOS).
In order to use the services, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
ACCOUNTS MAY NOT BE SHARED
You understand that SOLpass school accounts may be shared with students and teachers registered at that school and may not be shared with anyone not registered at that school. An SOLpass home/family account may be used only by the individuals in that family at home. If SOLpass has reasonable grounds to suspect that an unauthorized person has been accessing your account without having rendered proper payment to SOLpass, SOLpass has the right to suspend or terminate your account and refuse any and all current or future use of SOLpass's services.
SOLpass.org does not request, collect or retain personal user information of any sort under any condition unless the user explicitely provides information via the "contact us" or "subscribe" forms. In this case, SOLpass collects and retains only the information necessary to respond to the user inquiry.
You agree to not use SOLpass's services to: upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, an SOLpass official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through SOLpass's services; upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party; upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that are designated for such purpose; upload, post, e-mail, or otherwise transmit any material that 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; interfere with or disrupt SOLpass's services or servers or networks connected to SOLpass's services, or disobey any requirements, procedures, policies, or regulations of networks connected to SOLpass's services; intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law; "stalk" or otherwise harass another; or collect or store personal data about other users.You understand that the technical processing and transmission of SOLpass's services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, or copy any portion of SOLpass's services, use of SOLpass's services, or access to SOLpass's services.
MODIFICATIONS TO SERVICE
SOLpass reserves the right at any time to modify or discontinue, temporarily or permanently, SOLpass's services (or any part thereof), with or without notice. You agree that SOLpass shall not be liable to you or to any third party for any modification, suspension, or discontinuance of SOLpass's services.
You agree that SOLpass, in its sole discretion, may terminate your password, username, account (or any part thereof) or use of SOLpass's services, and remove and discard any Content within SOLpass's services, for any reason, including, without limitation, for lack of use or if SOLpass believes that you have violated or acted inconsistently with the letter or spirit of the TOS. SOLpass may also in its sole discretion and at any time discontinue providing SOLpass's services, or any part thereof, with or without notice. You agree that any termination of your access to SOLpass's services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that SOLpass may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or SOLpass's services. Further, you agree that SOLpass shall not be liable to you or any third party for any termination of your access to SOLpass's services.
SOLpass'S PROPRIETARY RIGHTS
You acknowledge and agree that SOLpass's services and any necessary software used in connection with SOLpass's services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through SOLpass's services is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY SOLpass.org ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOLpass.org MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
SOLpass MAKES NO WARRANTY THAT
(i) SOLpass'S SERVICES WILL MEET YOUR REQUIREMENTS, (ii) SOLpass'S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SOLpass'S SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH SOLpass'S SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SOLpass.org DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOLpass.org DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SOLpass.org ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOLpass SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SOLpass HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SOLpass'S 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 SOLpass'S SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SOLpass'S SERVICES; OR (v) ANY OTHER MATTER RELATING TO SOLpass'S SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Notices to you may be made via either e-mail or regular mail. SOLpass's services may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on SOLpass's services.
SOLpass, the SOLpass logo, the SOLpass logo, and other SOLpass logos and product and service names are trademarks of SOLpass. Without SOLpass's prior permission, you agree not to display or use in any manner, the SOLpass Marks.
COPYRIGHTS AND COPYRIGHT AGENTS
SOLpass 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, please provide SOLpass with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed upon; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. SOLpass's Copyright Department can be reached as follows:
Attention: SOLpass Copyright Department
2007 Lakebreeze Way
Reston, VA 20191
By phone: (703) 648-9648
By e-mail: info@SOLpass.org
The TOS constitute the entire agreement between you and SOLpass and govern your use of SOLpass's services, superseding any prior agreements between you and SOLpass. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The TOS and the relationship between you and SOLpass shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. The failure of SOLpass to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be 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 the TOS 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 SOLpass's services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.