Soaren Management, LLC (“Soaren”) owns and operates the website located at https://www.soarenmanagement.com/ (this “Site”). Access to and use of this Site is subject to these terms and conditions and all applicable laws. Soaren may revise these terms and conditions from time to time and without notice. “Licensor” and “us” refer to Soaren and its affiliates. “Licensee” and “you” refer to you, any accessing this Site or any user of the Services (as defined below), including, with respect to a business entity, those individuals acting or apparently acting on behalf or with the authorization of such entity.
Access to Services
In connection with Licensee’s access to and use of Soaren’s web-based services on this Site (the “Services”) Licensee will receive a limited, nonexclusive, non-assignable, right and license to use the Services via the Internet.
Except as provided herein, Licensee shall not sell, distribute, or transfer, in any manner, any copy of the Services in whatever form to any other party without the express written authorization of Licensor.
Licensee is prohibited from making any copies of the Services or using the Services in any manner other than as described herein.
In consideration for the licenses granted hereunder, Licensee agrees to these Terms and Conditions.
Licensee recognizes that the Services are proprietary and confidential property of Licensor or are licensed to Licensee with full authority to sublicense. Accordingly, Licensee shall not, without the prior express written consent of Licensor, disclose or reveal to any third party or utilize for its own benefit other than as permitted hereunder, any materials or information provided by Licensor, provided that such information was not previously and lawfully known to Licensee or to the general public. Licensee further agrees to take all reasonable precautions to preserve the confidentiality of the Services and shall assume responsibility that its employees, agents, sublicensees, and assignees will similarly preserve this information against third parties. The provisions of this clause shall survive termination of Licensee’s use of the Services.
Licensee shall take no steps in attempting to reverse engineer, decompile or disassemble the Services.
Licensee shall not hold the Services out as being proprietary to or otherwise the property of Licensee. This restriction includes a prohibition on Licensee’s use of any copyright legend on the Services and the requirement that any such use shall contain Licensor’s copyright legend.
Licensor represents and warrants that it has no actual knowledge that the Services infringe any valid intellectual property rights of any third party. Licensor shall control the defense of any claim alleging that Licensee’s use of the Services under this Agreement infringes any such intellectual property right. Licensee shall give notice of any such claims immediately upon Licensee’s knowledge of the same, and fully cooperate with Licensor in the investigation, preparation, defense and settlement of each such claim. Licensor’s sole obligation in the case of such infringement will be to replace the Services with non-infringing services of a like nature if possible, and if such replacement is not possible, Licensor shall terminate the Services altogether.
Communications with Us
Information or communication, including but not limited to remarks, suggestions, ideas, questions, or comments, transmitted to Soaren via this Site or Internet electronic mail may not be confidential. SOAREN CANNOT GUARANTEE THE CONFIDENTIALITY OF TRANSMISSIONS OVER THE INTERNET, INCLUDING ANY TRANSMISSION OF PERSONAL INFORMATION BY YOU TO SOAREN. Soaren may use any information or communication submitted to us as permitted under applicable law (including but not limited to reproduction, publication, disclosure, broadcast, posting and compilation of such information or communication or developing products and services incorporating the same) without compensation to the person sending the submission. The person sending such submission acknowledges the originality of any submission communicated to Soaren and accepts entire responsibility for its accuracy, appropriateness and legality (including without limitation compliance with any federal or state intellectual property statutes, regulations and common law rules).
Soaren is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions. Soaren makes no warranty or guarantee that the contents of this Site are error-free, or that this Site will operate in a manner that is uninterrupted or error-free, or that this Site is or will be maintained free of viruses or other harmful code. It is up to you to take any and all precautions to ensure that the information you access and use from this site or any hyperlinked website is free of such items as viruses, worms, trojan horses and other items of a destructive nature. Changes may be made to the contents and software at this Site, and the products and services described within or offered on this Site, at any time without notice. Soaren strives to include accurate and up to date information on this Site. ALL USERS AGREE, HOWEVER, THAT THIS SITE, ANY SERVICE OFFERED ON OR THROUGH THIS SITE, ANY WEBSITE ACCESSED THROUGH THIS SITE, AND THE ENTIRE CONTENTS AND SOFTWARE OF THIS SITE AND SUCH OTHER SITE(S), ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation of Liability
BY USING THIS SITE, YOU AGREE THAT SOAREN WILL NOT FOR ANY REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF SOAREN HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY APPLIES, BY WAY OF EXAMPLE, BUT WITHOUT LIMITATION, TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (i) YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THIS SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THIS SITE) OR ANY HYPERLINKED WEBSITE, OR (ii) ANY ERRORS OR OMISSIONS IN THE CONTENT OF, OR PERFORMANCE OF THE SOFTWARE ON, THIS SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THIS SITE) OR ANY HYPERLINKED WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, SUCH EXCLUSIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Information on this site includes descriptions of products and services available only in the United States of America. These terms and conditions are governed by and interpreted pursuant to the laws of the Big Valley Band of Pomo Indians of the Big Valley Rancheria, notwithstanding any conflicts of laws principles, and venue shall rest exclusively in the courts situated in tribal court. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining terms and conditions.
This Site and all information, documentation, and other content (“Content”) posted in or on this Site are subject to copyright ©2020 Soaren Management, LLC or its parent or affiliates. All rights reserved. Unless stated to the contrary, all Content is Soaren’s or its affiliates’ property. The appearance of this Site, including icons and graphics, are Soaren property. By making this Content available on this site, Soaren is not waiving any proprietary rights (including copyrights or trademarks) in such Content, and is not transferring its rights to you or any third party. The Content is protected by U.S. and international copyright laws. You agree not to remove copyright or other notices from any Content you may get from this Site. You cannot sell, republish, or copy any content from this Site without the prior written consent of Soaren except for your individual use. To the extent links are provided from this Site to other websites, Soaren does not endorse those websites.
Trademarks and Servicemarks
The product and service names and logos used on this Site are servicemarks/trademarks or registered servicemarks/trademarks of Soaren, or its parent or affiliates. Other products, services, and company names mentioned on this Site are the trademarks of their respective owners. Unauthorized use is prohibited.
Monitoring, copying, altering or interfering with the Site
You agree that you will not use any robot, spider, web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the Content without Soaren’s prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on this Website. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Site without the prior expressed written permission of Soaren.