Terms of Service | SOLTUS GROUP

THIS IS A FAIRLY LENGTHY DOCUMENT, AND IT CONTAINS MANY IMPORTANT PROVISIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS. BY USING THIS WEBSITE, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“AGREEMENT”). WE ENCOURAGE YOU TO PRINT A COPY OF THE AGREEMENT FOR YOUR RECORDS.

This Agreement governs your use of the Soltus Group website, including, without limitation, the uploading and downloading of content (“Works”) onto or from the Soltus Group website, access to web logs and forums, and any and all services offered by Soltus Group LLC on or through the Soltus Group website (the website, together with all of the foregoing uses and services, to be hereinafter referred to as the “Website”).

1. Your relationship with Soltus Group

1.1 Your use of Soltus Group’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Soltus Group under a separate written agreement) is subject to the terms of a legal agreement between you and Soltus Group, whose principal place of business is at 1400 16^th. Street, Suite 400, Denver, CO 80202, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2 Unless otherwise agreed in writing with Soltus Group, your agreement with Soltus Group will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

1.3 Your agreement with Soltus Group will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Soltus Group in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by Soltus Group in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that Soltus Group will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Soltus Group, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3. Language of the Terms

3.1 Where Soltus Group has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Soltus Group.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services by Soltus Group

4.1 Soltus Group has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Soltus Group itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

4.2 Soltus Group is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Soltus Group provides may change from time to time without prior notice to you.

4.3 As part of this continuing innovation, you acknowledge and agree that Soltus Group may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Soltus Group’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Soltus Group when you stop using the Services.

4.4 You acknowledge and agree that if Soltus Group disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4.5 You acknowledge and agree that Soltus Group shall have no responsibility for any material or content on other websites to which you may hyperlink or otherwise access from the Website, including any web log, comments to any web log, or any forum on the Website. You acknowledge and agree that Soltus Group shall have no responsibility for any material or content on websites from which you may be hyperlinked or otherwise be directed to the Website.

4.6 You acknowledge and agree that Soltus Group may store personal and certain other information about you on your computer in the form of “cookies”. Such use of cookies is solely in connection with the operation of the Website. You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer, such prohibition or restriction may have an adverse effect on your use of the Website. You acknowledge and agree that Soltus Group may also store personal information about you on its computers within or outside the U.S. Soltus Group shall not use your personal information in any way other than in connection with the operation of the Website, and shall keep this information confidential unless required to do otherwise by operation of applicable law.

5. Use of the Services by you

5.1 You may not use, reproduce, distribute, display or create derivative works based on any Works that appear on the Website without attribution to the Soltus Group, and create a hyperlink back to this website and the source page of the content. You acknowledge and agree that Soltus Group or its licensors retain all ownership rights in and to the Works, and that such Works are covered and protected by copyright, trademark and other intellectual property rights of Soltus Group or its licensors.

5.2 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Soltus Group will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

5.4 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Soltus Group, unless you have been specifically allowed to do so in a separate agreement with Soltus Group. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

5.5 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.6 Unless you have been specifically permitted to do so in a separate agreement with Soltus Group, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.7 You agree that you are solely responsible for (and that Soltus Group has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Soltus Group may suffer) of any such breach.

5.8 You shall not upload or post onto the Website, or use the Website to transfer, any Work or other material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent, or that is covered or protected by copyright, trademark or other intellectual property rights unless you own or control such rights or have received all necessary consents. You shall not upload or post onto the Website, or use the Website to transfer, any Work or other material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features. You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Website, including, without limitation, with respect to the origin or source of any Work or other material or content that you upload or any identifying information for your Membership Account.

6. Your passwords and account security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to Soltus Group for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Soltus Group immediately at \n This e-mail address is being protected from spambots. You need JavaScript enabled to view it  .

7. Content in the Services

7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to as “Content”.

7.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Soltus Group (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Soltus Group or by the owners of that Content, in a separate agreement.

7.3 Soltus Group reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Soltus Group may provide tools to filter out explicit sexual content, or other material deemed to be offensive. In addition, there are commercially available services and software to limit access to material that you may find objectionable.

7.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

7.5 You agree that you are solely responsible for (and that Soltus Group has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Soltus Group may suffer) by doing so.

8. Proprietary rights

8.1 You acknowledge and agree that Soltus Group (or Soltus Group’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Soltus Group and that you shall not disclose such information without Soltus Group’s prior written consent.

8.2 Unless you have agreed otherwise in writing with Soltus Group, nothing in the Terms gives you a right to use any of Soltus Group’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Soltus Group, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Soltus Group's brand feature use guidelines as updated from time to time.

8.4 Other than the limited license set forth in Section 9, Soltus Group acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Soltus Group, you agree that you are responsible for protecting and enforcing those rights and that Soltus Group has no obligation to do so on your behalf.

8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

8.6 Unless you have been expressly authorized to do so in writing by Soltus Group, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9. Content license from you

9.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Soltus Group a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Soltus Group to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

9.2 You agree that this licence includes a right for Soltus Group to make such Content available to other companies, organizations or individuals with whom Soltus Group has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

9.3 You understand that Soltus Group, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Soltus Group to take these actions.

9.4 You confirm and warrant to Soltus Group that you have all the rights, power and authority necessary to grant the above licence.

10. Ending your relationship with Soltus Group

10.1 The Terms will continue to apply until terminated by either you or Soltus Group as set out below.

10.2 If you want to terminate your legal agreement with Soltus Group, you may do so by (a) notifying Soltus Group at any time and (b) closing your accounts for all of the Services which you use, where Soltus Group has made this option available to you. Your notice should be sent, in writing, to Soltus Group’s address which is set out at the beginning of these Terms.

10.3 Soltus Group may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) Soltus Group is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with whom Soltus Group offered the Services to you has terminated its relationship with Soltus Group or ceased to offer the Services to you; or

(D) Soltus Group is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(E) the provision of the Services to you by Soltus Group is, in Soltus Group’s opinion, no longer commercially viable.

10.4 Nothing in this Section shall affect Soltus Group’s rights regarding provision of Services under Section 4 of the Terms.

10.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Soltus Group have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 17.11 shall continue to apply to such rights, obligations and liabilities indefinitely.

11. EXCLUSION OF WARRANTIES

11.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT SOLTUS GROUP'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

11.3 IN PARTICULAR, SOLTUS GROUP, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

11.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

11.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOLTUS GROUP OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

11.6 SOLTUS GROUP FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12. LIMITATION OF LIABILITY

12.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOLTUS GROUP, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES WHICH SOLTUS GROUP MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE SOLTUS GROUP WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

12.2 THE LIMITATIONS ON SOLTUS GROUP’S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT SOLTUS GROUP HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

12.3 You agree that neither Soltus Group nor its affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than yourself, as applicable), shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of the Website, even if such parties have been advised, or advised of the possibility, of such damages.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR CLARIFICATION PURPOSES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, Soltus Group MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOLTUS GROUP WEBSITE OR THE SERVICES ON THE SOLTUS GROUP WEBSITE, OR ANY WORKS OR OTHER MATERIALS OR CONTENT AVAILABLE ON THE SOLTUS GROUP WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR FREEDOM OF ANY SERVICES, OR ANY WORKS OR OTHER MATERIALS OR CONTENT, FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE WITH MALICIOUS, DISRUPTIVE AND/OR DESTRUCTIVE FEATURES.

Soltus Group shall have no responsibility for any Works or other material or content uploaded or posted onto the Website, including, without limitation any material or content uploaded or posted by any Member onto the Website in any forum or as any comment to a web log.

13. Term and Termination

13.1 This Agreement shall continue in perpetuity unless terminated in accordance with this Section 10. Soltus Group at any time may terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity by you with respect to use of the Website. You may at any time terminate this Agreement by logging into your Membership Account on the Website and then sending a termination request to Soltus Group. In the event termination is by Soltus Group, Soltus Group shall notify you of such termination. Soltus Group reserves the right, in its sole discretion, to terminate your Membership Account at any time, including, without limitation, deactivating your Membership Name and Membership Password.

14. Advertisements

14.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

14.2 The manner, mode and extent of advertising by Soltus Group on the Services are subject to change without specific notice to you.

14.3 In consideration for Soltus Group granting you access to and use of the Services, you agree that Soltus Group may place such advertising on the Services.

15. Other content

15.1 The Services may include hyperlinks to other web sites or content or resources. Soltus Group may have no control over any web sites or resources which are provided by companies or persons other than Soltus Group.

15.2 You acknowledge and agree that Soltus Group is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

15.3 You acknowledge and agree that Soltus Group is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

16. Changes to the Terms

16.1 Soltus Group may make changes to the Universal Terms or Additional Terms from time to time. You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Soltus Group will treat your use as acceptance of the updated Universal Terms or Additional Terms.

17. General legal terms

17.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

17.2 The Terms constitute the whole legal agreement between you and Soltus Group and govern your use of the Services (but excluding any services which Soltus Group may provide to you under a separate written agreement), and completely replace any prior agreements between you and Soltus Group in relation to the Services.

17.3 You agree that Soltus Group may provide you with notices, including those regarding changes to the Terms, by email, regular mail, website updates or postings on the Services.

17.4 The relationship between Soltus Group and you under this Agreement is that of a custoemr / potential customer or an independent contractor. For clarification purposes, the parties are not joint venturers, partners, principal and agent, or employer and employee. Neither party shall have the power to bind or obligate the other in any manner. You agree that you shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Website.

17.5 No waiver on the part of Soltus Group to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of Soltus Group to exercise any such power, right, privilege or remedy, shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Soltus Group shall have the right, in its sole discretion, to assign any or all of its rights or obligations under this Agreement. You shall have no right to assign any of your rights or obligations under this Agreement.

17.6 This Agreement shall be inure to the benefit of, and be binding upon, Soltus Group and you, and its and your respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than Soltus Group and you, and its and your respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

17.7 Whenever the context so requires, the singular number shall include the plural and vice versa, and the masculine, feminine and neutral genders shall include each other. If any term or provision of this Agreement is invalid, illegal or unenforceable, all other terms and conditions of this Agreement shall nevertheless remain in full force and effect.

17.8 You agree that if Soltus Group does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Soltus Group has the benefit of under any applicable law), this will not be taken to be a formal waiver of Soltus Group’s rights and that those rights or remedies will still be available to Soltus Group.

17.9 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

17.10 You acknowledge and agree that each person or member of the group of companies of which Soltus Group is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

17.11 The Terms, and your relationship with Soltus Group under the Terms, shall be governed by the laws of the State of Colorado without regard to its conflict of laws provisions. You and Soltus Group agree to submit to the exclusive jurisdiction of the courts located within the county of Denver, Colorado to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Soltus Group shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

January 1, 2008