Last updated: July 3, 2022.
Please read these terms and conditions of use carefully, as they constitute a written agreement between you and Sulos LLC (“Sulos”) and they affect your legal rights and obligations. By accessing or using the website, software or mobile applications (collectively, “Site”), you agree to be bound by the terms and conditions described herein and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these terms, do not use the Site. In some instances, additional terms and conditions may apply. Each time you access and/or use the Site (other than to simply read these terms), you agree to be bound by and comply with these terms and any additional terms then posted.
These terms and conditions of use (“Site Terms”) apply to your use of the Site and do not alter in any way the terms or conditions of any other agreement you may have with Sulos, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Sulos for violations of these Site Terms.
Ownership of the Site and its Contents
All right, title, and interest in and to the Site and its content, features, and functionality, including, but not limited to, products, information, materials, text, graphics, photographs, illustrations, videos, displays, images, audio, music, button icons, data compilations, files, software, other works of authorship, and the design, selection, arrangement, and compilation thereof (collectively “Content”), and all intellectual property rights in the Site, are retained by Sulos, our affiliates, our partners or our licensors, and are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You may access and use our Site solely for personal, non-commercial purposes. No right, title or interest in or to the Site is transferred to you, and all rights not expressly granted are reserved by Sulos. Except as expressly provided in these Site Terms, you are expressly prohibited from copying, selling, assigning, licensing, renting, reproducing, distributing, modifying, disassembling, decompiling, reverse engineering, creating derivative works of, publicly displaying, publicly performing, marketing, downloading, storing, transmitting, disclosing, or otherwise exploiting any part of the Site or any Content available on or through the Site without the express prior consent of Sulos. You may use information on our products and services purposely made available by Sulos for downloading from the Site, provided that you (1) do not remove or alter any copyright, trademark, or other proprietary rights notice in any and all copies of Content from the Site; (2) make no modifications to any Content or copies of any Content from our Site; (3) do not use any pictures, photographs, illustrations, video or audio sequences or any graphics separately from the accompanying text; (4) not make any additional representations or warranties relating to such information; (5) otherwise access or use any part of the Site, or any Content available on or through the Site, for any purpose other than personal use and consumption. Except as set forth in this Section, if you access or use, or provide any other individual with access, to any part of the Site in breach of these Terms, your right to use the Site will terminate immediately and you must, at our option, return or destroy any copies of the Content you made. Sulos also reserves the right to terminate your authorization to use any services available on or through the Site and any related accounts immediately and at any time if you breach or threaten to breach these Site Terms.
Sulos Trademark, the Sulos logo, and any other product or service name or slogan contained in the Site are trademarks of Sulos and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Sulos or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Sulos” or any other name, trademark or product or service name of Sulos without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Sulos and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Use of the Site
This Site and the Content are intended for customers of Sulos. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Content without, or in violation of, a written license or agreement with Sulos; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Sulos Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Sulos product or service if you are not expressly authorized by such party to do so; (e) reverse engineering, decompiling, disassembling, reverse assembling, or modifying any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (f) engaging in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causing harm to the Site, Sulos, or other users of the Site; (g) interfering with or circumventing any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Sulos Content, or the User Content (defined below); (h) harvesting or otherwise collecting or storing any information (including personally identifiable information about other users of the Site, including email addresses, without the express consent of such users); (i) attempting to gain unauthorized access to the Site or other computer systems or networks connected to the Site, through password mining or any other means; or (j) using the Site or the Sulos Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
Sulos reserves the right to block or deny access to the Site to anyone at any time for any reason, and may immediately suspend or terminate the availability of the Site and Sulos Content (and any elements and features of them), in whole or in part, for any reason, in Sulos’s sole discretion, and without advance notice or liability.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Copyright Infringement Policy: Digital Millennium Copyright Act ("DMCA") Takedown Notifications
Sulos respects the intellectual property rights of others. If you believe that your work has been copied, posted, stored, or otherwise transmitted using the Site in a way that constitutes copyright infringement, please provide the following information pursuant to the DMCA to the designated agent listed below:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- a clear and complete description of the copyrighted work that you claim has been infringed; a clear and complete description of the material on the Site that you claim to be infringing and a sufficient description of where the material can be located to enable Sulos to find and remove it;
- sufficient information to contact you, such as your address, telephone number, and email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
The designated agent for claims of copyright infringement may be reached at:
Email Address: email@example.com
Postal Address: Sulos LLC 2121 N. Akard St., Suite 250 Dallas, Texas 75201
Please reference: “DMCA Copyright Takedown” in your correspondence.
We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user’s e-mail address, or by written communication sent by first-class mail to a user’s address.
Sulos makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Sulos and Sulos is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Sulos provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Sulos of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Sulos shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or other users create, post or store any content, messages, comments, reviews, materials or other items on the Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any message, comment, data, information, text, music, sound, photos, graphics, code or other material (“User Content”) that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, bullying, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a political agenda, a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Sulos, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose Sulos or its users to any harm or liability of any type.
Sulos takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Sulos liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Sulos is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Sulos has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Sulos reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice or to monitor or become involved in disputes between you and other users. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that Sulos may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Sulos; or to protect the safety of our company, employees, customers or the public.
If you post User Content to the Site, unless we indicate otherwise, you grant Sulos and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Sulos and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. Upon Sulos’s request, you will furnish us with any documentation necessary to substantiate the rights to such User Content and to verify your compliance with these Site Terms. You acknowledge that you will not be compensated in any way for our use of your User Content.
Non-Confidentiality of Your User Content.
Registration Data and Account Security; Termination
- You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion;
- You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete;
- You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity;
- You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password protected portion of the Site using your name, username, or password;
- You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and
- You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Site Terms, any additional terms or policies, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
When you use the Site and set up an account on the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site or through our other services, such as our message center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The information contained within press releases issued by Sulos should not be deemed accurate or current except as of the date the release was posted. Sulos has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
You agree to defend, indemnify and hold harmless Sulos, its subsidiaries, affiliates, licensors, employees, agents, attorneys, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: a) your User Content; (b) your use of the Site and your activities in connection with the Site; (c) your breach or alleged breach of these Site Terms or any additional terms or policies; (d) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (e) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (f) any misrepresentation made by you; and (g) Sulos’s use of the information that you submit to us (including your User Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Sulos in the defense of any Claims and Losses. Notwithstanding the foregoing, Sulos retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Sulos reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Sulos.
Disclaimer; Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENT AVAILABLE ON IT OR THROUGH IT ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS. SULOS AND OUR AGENTS, SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DISCLAIM ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY IN RESPECT OF OUR SITE, INCLUDING BUT NOT LIMITED TO ANY CONTENT CONTAINED ON OR ACCESSED THROUGH THE SITE. SULOS DOES NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND SULOS DISCLAIMS ANY LIABILITY RELATING THERETO. SULOS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF PRODUCTS OR SERVICES OFFERED, DISPLAYED, OR PURCHASED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SULOS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SITE OR ANY HYPERLINKED WEBSITE OR SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SULOS, our affiliates, directors, officers, employees, attorneys, insurers, agents, contractors, licensors, suppliers, successors and assigns of each, be liable for any direct, indirect, consequential, exemplary, special, incidental, punitive or other damages you or others may suffer, including without limitation any damages for personal injury, pain and suffering, emotional distress, lost revenue, lost profits, loss of business or anticipated savings, loss of goodwill, business interruption, service interruption, lost data or content, computer damage, cost of substitute services, inability to use the Site, privacy leakage, or any other liabilities or losses caused by the Site, any websites linked to it, any content on our Site or such other websites, any products or services accessed, viewed, or obtained through our Site or such other websites, any breach of these terms, any act or omission by us or our personnel, whether or not the possibility of such damages has been disclosed in advance or could have been reasonably foreseen, regardless of the legal or equitable theory (warranty, contract, tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. To the extent our liability has not been excluded or limited under these terms, our aggregate liability arising out of or in connection with these terms, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, will not exceed the total of any amounts actually paid by you for the relevant order or service. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Sulos and you.
Sulos may offer a search feature within the Site. Sulos explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Sulos also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Operation of Site; Availability of Products; International Issues.
The Site is operated in the United States, and is primarily intended for users located in the U.S. Sulos makes no representation that the Site is appropriate or available for use beyond the U.S. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.
Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the Content shall be submitted to confidential arbitration in Dallas, Texas, except that, to the extent you have in any manner violated or threatened to violate Sulos’s intellectual property rights, Sulos may seek injunctive or other appropriate relief in any state or federal court in the State of Texas and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Limited Time to File Claims
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice to Sulos’s Contact Information below; (b) filing for arbitration; or (c) filing an action in state, federal or provincial court in the State of Texas.
No Class Action Matters
YOU AND SULOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any dispute to be arbitrated on a class action basis or on any basis involving disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement herein to arbitrate will not apply and the dispute must be brought exclusively in court pursuant to the “Applicable Law and Venue” section. Notwithstanding any other provision herein, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” Section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Site. You are responsible for all charges related to the foregoing products and services.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Sulos. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved. Sulos may assign its rights and obligations under these Site Terms and any additional terms and policies, in whole or in part, to any party at any time without any notice. These Site Terms and any additional terms and policies may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Sulos.
Changes to Site Terms
Sulos reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “Last Updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites or applications.
Questions and Contact Information
Questions or comments about the Site, Site Terms or violation of the Site Terms, may be directed to Sulos at: