Terms of Use

Crookneck Consulting LLC (the “Publisher”, “we”, “us”, “our” or the “Company”, as applicable) owns and operates its website and any other Company branded website that is controlled by the Company (collectively, the “Site”) and any web app, including Insolation Web, and any services, products, platforms, features, content or Applications (as defined herein) offered by the Company (together with the Site, the “Services”). These Terms of Use (the “Terms”) set forth legally binding terms and apply to your use of the Services, including, but not limited to, user account creation and management. You should check this page regularly to take notice of any changes we may have made to the Terms.

You may contact us by email regarding these Terms at support@insolation.com.

1. ACCEPTANCE OF TERMS OF USE

By registering for and/or using the Services in any manner, including, but not limited to, visiting or browsing the Site and/or using or downloading the Applications, you agree that you have read and agree to be bound by these Terms and all other terms and conditions, operating rules, policies, and procedures that may be published from time to time through the Services by us or otherwise provided to you in connection with the Services, each of which is incorporated by reference into Terms. If you are accepting these Terms on behalf of a company, you represent that you have the authority to do so. These Terms constitute the entire and only agreement between the Company and you with respect to the Services, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services, the content, products or services provided by or through the Services, and the subject matter of these Terms. These Terms may be amended at any time by us from time to time without specific notice to you. The latest Terms will be posted at this site, and you should review them prior to using the Services.

2. OUR SERVICES

We offer software-based tools and services to help understand and visualize the interaction of natural light (sunlight) with buildings, gardens, and other structures. Our offerings are intended to facilitate the qualitative evaluation of the predicted behavior of unobstructed sunlight at a given site.

Please exercise common sense when using the information provided by our tools and services. In particular, you acknowledge that:

The output of the software may not reflect actual conditions at the site or location in question. For example, obstructions such as other buildings, trees, walls, fences and similar, will affect how much light reaches parts of the site.
The software does not predict or forecast weather, smoke, pollution or related phenomena, all of which affect the intensity and duration of sunlight reaching the site.
If you require precise visualizations of natural light at the site, such as to establish definitively whether a particular point on the site will be lit at a given time, you should consult an architect or engineer. Our Site is not intended for high precision light studies.
If you are seeking to design, estimate, purchase, or install a solar power (PV) system at the site, you should seek advice from a qualified professional. This Site and Services are not intended to support solar power use cases.
You should conduct all necessary due diligence, research and investigations to establish the suitability of any site or property for purchase, rental, or for any other use case, bearing in mind that many factors outside the control of the Publisher and outside the scope of the Site and Services must be considered prior to your decision.

3. COPYRIGHT AND OWNERSHIP

The Services are the copyright of the Publisher, except as provided by the license agreements of third party software and terms of use of third party services incorporated into the Services. In addition, the Services use trademarks of Crookneck Consulting LLC. This agreement confers no intellectual property rights to you.

4. LICENSE GRANT

For purposes of these Terms, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, reviews, feedback, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services, as well as all User Content (as defined in Section 9 below).

License. Subject to these Terms, we grant each user of the Services a non-exclusive, non-sublicensable, and non-transferable license to access and use the Services and access, download, and display locally, all Content therein for your personal, non-commercial purposes. Any reproduction, modification, distribution, storage, or other use of the Services, or any Content therein for any other purpose, is expressly prohibited without prior written permission from us. You shall not sell, license, rent, share, publish, or otherwise use or exploit any Content outside the Services for commercial use, in connection with the provision of services to a third party, or in any way that violates any third party right without our prior written consent.

Availability of Content. We do not guarantee that any Content will be made available through the Services. We reserve the right, but not the obligation, to (i) remove, edit, or modify any Content in our sole discretion, at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all, and (ii) remove or block any Content from the Services.

5. THIRD-PARTY SERVICES

The Application includes Google Maps features and content. Your use of Google Maps features and content within the Application is subject to (i) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (ii) Google Privacy Policy at https://www.google.com/policies/privacy/.

In addition, you acknowledge and consent to the use of other 3rd party software and services as part of the Services as determined by the Publisher in its sole discretion.

6. ACCEPTANCE OF PRIVACY POLICY

You hereby acknowledge and accept the terms of the Publisher's Privacy Policy.

6. COMPATIBILITY

The Services used with any Site (but excluding native mobile applications) are intended for use in a standard web browser on a desktop or laptop computer; they may be used on tablet devices, but you accept that compatibility and usability may be limited and that certain functionality may be unavailable.

While we use reasonable efforts to maintain compatibility with current versions of major web browsers and operating systems, you acknowledge and accept that the Services may not function correctly, or at all, on some systems or devices. We may advise from time to time which operating system and browser versions are recommended for use. Such advice is subject to change without notice to you.

Depending on your location, you may be offered the opportunity to accept or reject purpose-specific cookies and similar technologies when you use the Services. In the event you reject certain cookie purposes, you accept that we will be unable to provide certain functionality to you. You may change your consent preferences at any time.

7. RESTRICTIONS ON USE

The Services may not be used for the purpose of planning new buildings or any construction work or projects, other than as a qualitative guide. The Services may not be used to develop plans or drawings to be approved or signed off by a professionally qualified engineer or architect.

Without prior written authorization from us, you must not: (a) copy, translate, modify, or make derivative works of the Services or any part thereof; (b) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services available to third parties;(c) reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by applicable law;(d) undertake benchmarking, performance, or other testing of the Services.

8. USER ACCOUNTS

We may allow you to create an end user account (“Account”) intended for use with the Services.

We reserve the right to delete or deactivate your Account without notice if (i) the email address you provide is unreachable, (ii) you fail to verify your email address, (iii) the account remains unused for a period of more than 6 months, (iv) we have reason to believe the account has been created in order to access the Services fraudulently, including activities such as the avoidance of payment, or to obtain multiple free trials, or (v) in cases of breach of these Terms by you.

In our sole discretion, we may terminate your account by emailing you at your registered address giving notice that these Terms have been violated.

Where the Services require you to sign in using an account, you agree that the Account shall be used by you alone and shall not be intentionally shared with or disclosed to others. You agree to use reasonable efforts to keep your account details private and secure and agree to notify us immediately by writing to support@insolation.com if you know or suspect that your Account is being used by or may have been accessed by a third party.

8.1 EMAIL COMMUNICATIONS

We identify Accounts using an email address. We use email to communicate with you in the following circumstances:

Account related matters, such as password reset, email address verification, purchase confirmation, receipts, and other account, service or subscription related notifications. To stop receiving these emails, you may cancel any outstanding subscription and delete your Account.
Service related content, such as educational, tutorial and training material, information regarding feature or service availability or changes. You may opt-out of receiving these emails at any time without any limitation to your access to the Services by unsubscribing from our email list using the link provided in such communications.
With your explicit consent we will send marketing and promotional emails relating to the us, our partners, and the Services. You may opt-out at any time by unsubscribing from our marketing email list.
Support related matters: if you contact our support team via email, we will reply to you via email.

For further information, please review our Privacy and Cookie policy.

9. USER CONTENT; REASONABLE USE AND CONDUCT

Usage Limits. You agree that we may impose usage limits, including but not limited to limiting total monthly page views for Content associated with your Account or Subscription, as necessary to maintain service to our customers or to prevent incurring excessive costs in the operation of the Services. If, in our sole discretion, we impose a usage limit on your Content, we will advise you by email. For the avoidance of doubt, you agree that an outage, maintenance window or similar temporary interruption to service does not constitute the imposition of a usage limit by us.

User Content. All Content added, created, uploaded, submitted, distributed, or posted in connection with the Services or otherwise provided by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is in compliance with all applicable laws, rules, and regulations.

You agree that you are responsible for your own conduct while using the Services, and for any consequences thereof. You agree to use the Services only for purposes that are proper and in accordance with these Terms and any applicable policies or guidelines we may make available. By way of example, and not as a limitation, you agree that when using the Services and when posting User Content, you will not: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content; (c) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content; (d) upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements; (e) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Product policies or guidelines; (f) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner; (g) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of content, software or other material; (h) restrict or inhibit any other user from using and enjoying the Services; (i) use any robot, spider, site search/retrieval application, or other device to retrieve, index or collect information about users for any unauthorized purpose; (j) promote or provide instructional information about illegal activities; (k) promote physical harm or injury against any group or individual; (l) transmit any viruses, malware, worms, defects, Trojan horses, or any items of a destructive nature; (m) violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); or (n) include any confidential information, violates the rights of others (including, without limitation, the rights of publicity and privacy and rights under a contract), or otherwise contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms.

User Content License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and our (including successors’ and assigns’) businesses, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Services a non-exclusive, perpetual license to access your User Content through the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Intellectual Property Rights. You acknowledge and agree that the Services and the Content, including User Content provided by others, features, and functionality (including, without limitation, all content, information, data, items, materials, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws.

No right, title, or interest in or to the Services or any Content provided in connection with the Services is transferred or otherwise granted to you under these Terms. All right, title, or interest in or to the Services and the Content provided in connection with the Services (other than user contributions posted by you) are reserved by us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, or other laws.

The names, logos, product and service names, designs, slogans, and other trademarks associated with the Services are ours and those of our licensors. You must not use any of the foregoing without our prior written permission. All other names, logos, product and service names, designs, slogans, and other trademarks used in connection with the Services are the trademarks of their respective owners.

10. YOUR DATA

You are solely responsible for safeguarding and backing-up any data you enter into or obtain from the Services. The Publisher shall use reasonable skill and due care in providing the Services, but does not guarantee or warrant that any content you may store or access through the Services will not be subject to inadvertent damage, corruption, loss, theft or unauthorized access by third parties.

You hereby consent to us storing, backing-up, accessing and otherwise transforming, migrating or restoring any data you submit to us during the course of using the Services. This data may include personally identifiable information such as your name and email address. You acknowledge and agree that the Publisher’s staff may have access to your data during the normal course of maintaining, repairing, debugging and monitoring the Services.

Data that you submit via the Services is backed up regularly by the Publisher for the purpose of service restoration in the case of a malfunction or other service affecting event. Upon deleting your account, your data is removed from our production databases, but may remain on our servers indefinitely in back-up form.

11. SUBSCRIPTIONS

We may offer paid subscriptions to access premium functionality within the Site. If you choose to purchase a subscription, the terms in this section are applicable to you.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our Site orders. Paddle provides first tier after-sales support to subscribers limited to invoicing, handling requests for refunds, payment, reconciliation and initial order related inquiries. We provide first tier support for all other matters arising. If you have, in good faith, made an error during the completion of your purchase and wish to make a change to your order, you may contact us at support@insolation.com with details and we will make reasonable attempts to help correct such error.

Subscriptions are billed in advance on a monthly, quarterly, or yearly basis. By signing up for a subscription plan, you authorize our online reseller Paddle.com to bill such debit/credit card or other payment method that you provide on the date you purchase such subscription (the Effective Date) and subsequent renewal dates (if applicable) for the subscription fee due for the subscription term or renewal term.

Refunds and cancellation: initial subscription charges are refundable upon request if you contact us at support@insolation.com within 14 days of initial purchase (7 days for monthly plans), or as required by applicable law. Subscription renewal charges are refundable upon request if you contact us at support@insolation.com with 7 days of the charge (3 days for monthly plans), or as required by applicable law.

Your subscription will remain active until cancelled by you, us, or Paddle. You may update your payment method or cancel your plan online within the Site at any time. You may alternatively request that we cancel your subscription by writing to us at support@insolation.com. If you cancel your subscription prior to the expiry of the current subscription plan period (as displayed on the subscription page of the Site), your plan will remain active until the indicated expiry date, unless you request otherwise by writing to us. We do not offer refunds or credits for partial months of service, plan downgrades, or for time unused with an active subscription, including, but not limited to any remaining time period between cancellation and expiry. In the event that a payment dispute is raised by you or your payment service provider, or due payment is not received by us in a timely fashion, we reserve the right to terminate your access to the Application and Services.

Your use of and access to premium functionality provided by a subscription is subject to your compliance with these Terms. In the event that we determine that you are in breach of these Terms, we reserve the right to suspend or cancel your subscription and/or account.

Your purchase of a subscription does not automatically include access to additional versions intended for other platforms, including but not limited to mobile devices and mobile operating systems, unless specifically stated by us at the time of your purchase.

12. BETA SOFTWARE

The Publisher may from time to time in its sole discretion make available a beta version of the software. You acknowledge that beta software is incomplete, may not function correctly, may suffer from performance issues, and may become unavailable without notice.

13. MOBILE APPLICATION TERMS

If we make the Services available as an application for mobile devices (“Application”), then subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. We reserve all rights in the Application not expressly granted to you by these Terms.

Apple Applications. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs iOS, iPad, or their successors (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Services Store Terms and Conditions.

The following terms apply to any App Store Sourced Application:

Both you and we acknowledge that these Terms are concluded between you and us only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure, and upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and we acknowledge and agree that in your use of the Application you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

Android Applications. Furthermore, with respect to any Application accessed through or downloaded from the Google Play Store (“Android Sourced Application”), you will only use the Android Sourced Application (i) on a product that runs Android (Google’s proprietary operating system software); and (ii) as permitted by the requirements set forth in the Google Play Terms of Service.

The following terms apply to any Android Sourced Application:

Both you and we acknowledge that these Terms are concluded between you and us only, and not with Google, and that Google is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an device that you own or control;
You acknowledge and agree that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Google of such failure, and upon notification, you must address your remedy with Google directly;
You acknowledge and agree that we, and not Google, are responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we, and not Google, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and we acknowledge and agree that in your use of the Application you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and we acknowledge and agree that Google and Google’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

If the Services are made available to you through any other third party application that that is not subject to the terms addressed in this Section 13, you must comply with the applicable terms and usage rules required by that application’s owner.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE PUBLISHER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR THE APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. TERMINATION

The Publisher reserves the right to terminate access to the Application, or any part thereof at any time without prior notice to you. You agree that the Publisher will not be liable to you or any third party for any modification, withdrawal, amendment, or loss of access by you to any part of the Application or the Application in whole, or for any loss of data or other consequential loss.

15. CHANGES TO THIS AGREEMENT

We reserve the right to modify these Terms from time to time in our sole discretion, without prior notice to you.

16. DISCLAIMER

The Site is provided "as is" and "as available", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall the Publisher, authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of, or in connection with the Site or the use of or other dealings in the Site.

The Site may contain bugs, errors, problems, or other limitations. The Publisher and affiliated parties have no liability whatsoever for your use of any information derived from the Site, or from use of the Site or Services. In particular, but not as a limitation thereof, the Publisher and affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between you and the Publisher. The Site would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from the Publisher shall create any warranty, representation or guarantee not expressly stated in this agreement.

All responsibility or liability for any damages caused by computer viruses, malware, or similar, contained within the Site or Services is disclaimed. The Publisher will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the Site or Services.

17. INDEMNIFICATION

You agree to indemnify and hold harmless the Publisher, its shareholders, directors, affiliates, officers, agents and employees, licensors, service providers, and all third parties that provide content, information to the Site or Services from and against any and all claims, suits, demands, proceedings, liabilities, losses, damages, costs and expenses whatsoever, including but not limited to reasonable attorney fees and disbursements, court costs or arbitration costs, due to, arising out of, or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your contributions of User Content or information to the Site or any use of the Site Content other than as expressly authorized in these Terms of Use.

18. GOVERNING LAW

All matters relating to these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms, the Services or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19. DISCLAIMER

The Services are provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall the Publisher, authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of, or in connection with the Application or the use of or other dealings in the Application.

The Services may contain bugs, errors, problems, or other limitations. The Publisher and affiliated parties have no liability whatsoever for your use of any information derived from the Application, or from use of the Services. In particular, but not as a limitation thereof, the Publisher and affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between you and the Publisher. The Services would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from the Publisher shall create any warranty, representation or guarantee not expressly stated in these Terms.

All responsibility or liability for any damages caused by computer viruses, malware, or similar, contained within the application is disclaimed. The Publisher will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the Services.

Last updated 14 Dec 2022
Rev 03