Soluta Portal Terms of Use

Overview

This Portal is operated by Soluta. Throughout the site, the terms “we”, “us” and “our” refer to Soluta. Soluta offers this Portal, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Any participation in the Soluta Portal will constitute acceptance of this agreement and submission to all posted rules in Terms of Use. To keep the Console up to date, rules in TOS may be changed from time to time.

If you do not agree to abide by these rules, do not use this site.

Privacy Statement

We are committed to protecting your privacy. Employees within the company on a need to know basis only use any information collected from individual customers. We review our systems and data to ensure the best possible service to our customers.

For more information, please see Soluta’s Privacy Policy.

License to use website

Unless otherwise stated, Soluta and its licensors own the intellectual property rights in the website and material on the website. All these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for business use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

Acceptable Use

You must not use the Portal in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Soluta’s express written consent.

User content

In these terms and conditions, “your user content” means material (text, images, audio-visual material, etc.) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Soluta or a third party .

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Soluta reserves the right to edit or remove any material submitted to this website, or stored on Soluta’s servers, or hosted or published upon this website.

Notwithstanding Soluta’s rights under these terms and conditions in relation to user content, Soluta does not undertake to monitor the submission of such content to, or the publication of such content on, to the Portal.

No warranties

This Portal is provided “as is” without any representations or warranties, express or implied. Soluta makes no representations or warranties in relation to the information and materials provided on this site. Soluta does not warrant that:

l this website will be constantly available, or available at all; or

l the information on this website is complete, true, accurate or non-misleading, or

l Merchantability of the Portal, or

l The Portal’s use for any specific purpose.

Nothing on the Portal is meant to constitute advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

The Portal and its components are offered for informational purposes only; Soluta shall not be responsible or liable for the accuracy, usefulness or availability of any data transmitted or made available via the Portal, and is not be responsible or liable for any error or omissions in that data.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Soluta’s liability in respect of any:

l death or personal injury caused by Soluta’s negligence;

l fraud or fraudulent misrepresentation on the part of Soluta; or

l matter which it would be illegal or unlawful for Soluta to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you are agreeing that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, don’t use this website.

Other parties

[You accept that, as a limited liability entity, Soluta has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Soluta’s officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Soluta’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Soluta.

Indemnity

You hereby indemnify Soluta and undertake to keep Soluta indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Soluta to a third party in settlement of a claim or dispute on the advice of Soluta legal advisers) incurred or suffered by Soluta arising out of any breach by you of any provision of these terms and conditions [or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

In its sole discretion, Soluta reserves the right to address any breach in terms and conditions, including suspending access to the Portal, blocking IP addresses from accessing the website, and/or legal action.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, all other provisions will remain in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed null, and the rest of the provision will remain in effect.

Entire agreement

These terms and conditions, along with the Soluta Privacy Statement, constitute the entire agreement between you and Soluta in relation to your use of the Portal, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed in accordance with laws and regulations of the United States and the State of Texas. Any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of state and federal courts.

Soluta’s details

The full name of Soluta is Soluta, Inc.

Soluta’s address is 9401 Amberglen Boulevard, Austin, TX 78729.

You can contact Soluta by email at customerservice@solutahealth.com