Last Updated 01 April 2020
1. Arrangement to Terms
1.1 These Terms and Conditions make up a lawfully binding contract made in between you, whether personally or on behalf of an entity (you), and Solana Cherry Creek, located at Delaware, United States (we, us), worrying your access to and use of the Solana Cherry Creek (solanacherrycreek.com) website along with any associated applications (the Site).
You agree that by accessing the Site and/or Services, you have checked out, comprehended, and consent to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you need to terminate usage immediately. We suggest that you print a copy of these Terms and Conditions for future referral.
1.2 The additional policies set out in Section 1.7 below, as well as any supplemental conditions or files that might be posted on the Site from time to time, are specifically integrated by recommendation.
1.3 We may make changes to these Terms and Conditions at any time. The upgraded variation of these Terms and Conditions will be indicated by an updated "Revised" date and the upgraded variation will work as quickly as it is accessible. You are accountable for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We might update or change the Site from time to time to reflect changes to our products, our users' requirements and/or our company top priorities.
1.5 Our site is directed to individuals residing in United Kingdom. The information supplied on the Site is not intended for distribution to or use by anybody or entity in any jurisdiction or country where such distribution or usage would contrast law or guideline or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is meant for users who are at least 18 years old. If you are under the age of 18, you are not allowed to register for the Site or use the Services without parental permission.
1.7 Additional policies which likewise apply to your use of the Site consist of: ● Certain parts of this Site can be utilized just on payment of a cost.
2.1 You might not access or utilize the Site for any purpose aside from that for which we make the website and our services offered. The Site might not be used in connection with any commercial ventures except those that are particularly backed or authorized by us.
2.2 As a user of this Site, you agree not to:
3.1 Unless otherwise shown, the Site and Services consisting of source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or accredited to us, and are safeguarded by copyright and trade mark laws.
3.2 Except as specifically offered in these Terms and Conditions, no part of the Site, Services or Our Content might be copied, reproduced, aggregated, republished, published, published, publicly shown, encoded, equated, sent, distributed, sold, accredited, or otherwise exploited for any industrial function whatsoever, without our reveal prior written permission.
3.3 Provided that you are qualified to use the Site, you are granted a limited licence to access and utilize the Site and Our Content and to download or print a copy of any part of the Content to which you have actually appropriately gained access solely for your individual, non-commercial usage.
3.4 You will not (a) try to gain unauthorised access to the Site or any networks, servers or computer system systems connected to the Site; and/or (b) produce any purpose consisting of error correction, any modifications, adaptions, additions or improvements to the Site or Our Content, consisting of the modification of the paper or digital copies you might have downloaded.
3.5 We shall (a) prepare the Site and Our Content with affordable skill and care; and (b) use industry basic virus detection software to attempt to block the uploading of content to the Site which contains infections.
3.6 The content on the Site is provided for general information just. It is not meant to amount to suggestions on which you should rely. You should obtain expert or specialist guidance prior to taking, or avoiding taking, any action on the basis of the content on the Site.
3.7 Although we make reasonable efforts to upgrade the info on our website, we make no representations, warranties or assurances, whether reveal or suggested, that Our Content on the Site is accurate, total or as much as date.
4.1 The Site might contain links to sites or applications operated by 3rd parties.We do not have any influence or control over any such 3rd party websites or applications or the third party operator. We are not responsible for and do not endorse any 3rd party sites or applications or their availability or content.
4.2 We accept no obligation for adverts consisted of within the Site. If you agree to acquire items and/or services from any third party who markets in the Site, you do so at your own threat. The advertiser, and not us, is responsible for such products and/or services and if you have any questions or grievances in relation to them, you ought to get in touch with the advertiser.
5.1 We reserve the right at our sole discretion, to (1) keep track of the Site for breaches of these Terms and Conditions; (2) take appropriate legal action versus anybody in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise handle the Site in a way developed to protect our rights and residential or commercial property and to assist in the appropriate functioning of the Site and Services.
5.2 We do not guarantee that the Site will be protected or devoid of bugs or infections.
5.3 You are accountable for configuring your infotech, computer programs and platform to access the Site and you should use your own virus defense software.
6.1 We schedule the right to change, customize, or eliminate the contents of the Site at any time or for any factor at our sole discretion without notification. We also schedule the right to modify or terminate all or part of the Services without notification at any time.
6.2 We can not ensure the Site and Services will be available at all times. We may experience hardware, software application, or other issues or require to perform maintenance related to the Site, leading to interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or hassle caused by your failure to access or utilize the Site or Services throughout any downtime or discontinuance of the Site or Services.We are not obliged to preserve and support the Site or Services or to supply any corrections, updates, or releases.
6.3 There might be info on the Site which contains typographical errors, errors, or omissions that may associate with the Services, including descriptions, pricing, availability, and different other information. We schedule the right to remedy any errors, inaccuracies, or omissions and to change or upgrade the information at any time, without previous notice.
7.1 The Site and Services are supplied on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole danger except as specifically set out in these Terms and Conditions. All guarantees, terms, conditions and undertakings, express or implied (consisting of by statute, customized or usage, a course of dealing, or common law) in connection with the Site and Services and your usage thereof including, without restriction, the indicated service warranties of satisfactory quality, fitness for a specific purpose and non-infringement are left out to the fullest level allowed by appropriate law.
We make no service warranties or representations about the accuracy or efficiency of the Site's material and are not liable for any (1) mistakes or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all individual info and/or financial details saved on our server; (3) any disturbance or cessation of transmission to or from the website or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any 3rd party. We will not be accountable for any hold-up or failure to abide by our responsibilities under these Terms and Conditions if such hold-up or failure is brought on by an event beyond our reasonable control.
7.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a service user:
● We do not leave out or limit in any way our liability to you where it would be unlawful to do so. This consists of liability for death or injury triggered by our carelessness or the neglect of our employees, agents or subcontractors and for scams or deceptive misstatement.
● If we fail to comply with these Terms and Conditions, we will be accountable for loss or damage you suffer that is a foreseeable outcome of our breach of these Terms and Conditions, but we would not be accountable for any loss or damage that were not foreseeable at the time you started using the Site/Services.
Regardless of anything on the contrary contained in the Disclaimer/Limitation of Liability area, our liability to you for any cause whatsoever and regardless of the kind of the action, will at all times be restricted to an overall aggregate amount equal to the greater of (a) the sum of ₤ 5000 or (b) the amount paid, if any, by you to us for the Services/Site during the 6 (6) month duration prior to any cause of action arising.
If you are a consumer user:
● Please note that we only supply our Site for domestic and personal usage. You agree not to utilize our Site for any industrial or company functions, and we have no liability to you for any loss of revenue, loss of business, business interruption, or loss of organisation chance.
● If faulty digital material that we have actually provided, harms a device or digital content belonging to you and this is brought on by our failure to use sensible care and ability, we will either repair the damage or pay you settlement.
● You have legal rights in relation to items that are faulty or not as explained. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Absolutely nothing in these Terms and Conditions will affect these legal rights.
8.1 These Terms and Conditions will remain completely force and impact while you utilize the Site or Services or are otherwise a user of the Site, as relevant. You might terminate your use or involvement at any time, for any factor, by following the instructions for ending user accounts in your account settings, if available, or by calling us at our email address.
8.2 Without restricting any other arrangement of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (consisting of obstructing certain IP addresses), to any person for any factor including without restriction for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any suitable law or policy.
If we identify, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or policy, we might end your use or involvement in the Site and the Services or delete any material or information that you published at any time, without warning, in our sole discretion.
8.3 If we terminate or suspend your represent any reason set out in this Section 9, you are restricted from registering and developing a new account under your name, a fake or obtained name, or the name of any 3rd party, even if you might be acting upon behalf of the third party. In addition to ending or suspending your account, we schedule the right to take appropriate legal action, consisting of without limitation pursuing civil, criminal, and injunctive redress.
9.1 Visiting the Site, sending us e-mails, and finishing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all arrangements, notifications, disclosures, and other communications we supply to you digitally, through email and on the Site, satisfy any legal requirement that such communication remain in composing.
You hereby consent to making use of electronic signatures, contracts, orders and other records and to electronic delivery of notifications, policies and records of transactions initiated or completed by us or via the Site. You thus waive any rights or requirements under any statutes, policies, rules, ordinances or other laws in any jurisdiction which need an original signature or shipment or retention of non-electronic records, or to payments or the approving of credits by besides electronic ways.
9.2 These Terms and Conditions and any policies or running guidelines posted by us on the Site or in respect to the Services constitute the entire contract and understanding in between you and us.
9.3 Our failure to exercise or implement any best or provision of these Terms and Conditions shall not run as a waiver of such ideal or provision.
9.4 We may designate any or all of our rights and commitments to others at any time.
9.5 We will not be responsible or liable for any loss, damage, delay or failure to act brought on by any cause beyond our affordable control.
9.6 If any provision or part of a provision of these Terms and Conditions is illegal, void or unenforceable, that provision or part of the arrangement is deemed severable from these Terms and Conditions and does not impact the validity and enforceability of any remaining arrangements.
9.7 There is no joint endeavor, partnership, employment or company relationship produced between you and us as a result of these Terms and Conditions or use of the Site or Services.
9.8 For customers just - Please note that these Terms and Conditions, their topic and their formation, are governed by English law. You and we both concur that the courts of England and Wales will have unique jurisdiction expect that if you are a resident of Northern Ireland you may likewise bring procedures in Northern Ireland, and if you are resident of Scotland, you might also bring proceedings in Scotland. If you have any problem or wish to raise a disagreement under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
9.9 An individual who is not a party to these Terms and Conditions will have no right under the Contracts (Rights of Third Parties) Act 1999 to impose any term of these Terms and Conditions.
9.10 In order to solve a grievance relating to the Services or to receive more information relating to use of the Services, please call us by email at our email address.