Terms and conditions
Last updated November 2023
Introduction and Agreement to Terms and Conditions
Welcome to www.SolPods.org (the “Site”), owned and operated by SolPods. SolPods is a California based nonprofit and is a fiscally sponsored project of Inquiring Systems, Inc. (“SolPods,” “we,” “our,” or “us”). Use of the Site includes browsing and accessing content (“Content”), including but not limited to our podcasts, emails and newsletters, posts and blogs, registering for our workshops, trainings and educational materials (“Programs”) or becoming a member of the SolPods community (“Community”). By accessing this Site, you agree to these Terms and Conditions of use (the “Terms”). If you are accessing the Site on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
By using the Site, including participating in the Community, you agree to these terms of use; if you do not agree, do not use the Site.
Changes to Terms
SolPods may modify the Site and/or these Terms from time to time without providing prior notice to you. We may change or discontinue all or part of our Site at our sole discretion.
Privacy Policy
Please refer to our Privacy Policy, which is included by reference as if fully set forth herein. Our Privacy Policy refers to how we collect, use and disclose information. By accessing the Site, you acknowledge and agree to the terms of our Privacy Policy and that your use of the Site, Content, Programs and Community are subject to our Privacy Policy.
Interactive Platform
We may use from time to time, at our sole discretion, a third-party platform ("Platform") to host our Content, Community and Programs. At this time, the platform that we are using includes, but is not limited to, Mighty Networks and is accessible on a web application or as a Mighty Networks mobile application, which can be downloaded from app stores and used on mobile. You are also bound by Mighty Networks’ Terms of Use and their Privacy Policy. By accessing the Site or Platforms, you have agreed and warranted that you have carefully read and agree with all Platforms' terms and conditions and privacy policies, as they will pertain to your participation in some of the interactive features of our Community, Content and Programs, including, but not limited to, payment processing (if applicable).
Who May Become a Member of the Community?
You may become a member of the Community if you are 18 years or older and at our sole discretion, for any reason or no reason at all. You hereby relinquish and waive, in the past, present and future, all claims regarding our determination with respect to your membership in our Community.
Becoming a Member of the Community
If you want to become a member of the Community, which you can do through the Site or Platforms, we will allow you to create an account (“Account”) at our sole discretion, which may be denied at any reason, or no reason at all. Individuals who create an Account with the Community (which includes you and third party Account holders) are collectively referred to as “Members” throughout these Terms.
As part of the Account registration process, you may be requested to provide information about yourself in order to become a Member. You warrant and represent that you are providing us with accurate, complete and up-to-date information regarding the truth of your identity and information for your Account. You agree to update such information to keep it accurate. If you do not, we may have the sole right and discretion for any reason, or no reason at all, to suspend or terminate your Account.
You agree that you will not disclose your Account password to anyone or any entity and that you will notify us immediately of any unauthorized use of your Account and take reasonable steps to remedy any willful mistake on your end. You are responsible for all activities that occur under your Account, whether or not you know about them. You may not use a username with or containing: the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, or any name that we determine at our sole discretion is offensive, vulgar or obscene. You may not access or use the Community if you are a competitor of SolPods or if we have previously banned you from the Platform or closed your Account; the use of the term "competitor" is understood in its broadest term and includes any company or person who may now or in the future attempt to use SolPods' intellectual property at our sole determination.
If you voluntarily choose to provide your personal information, this information is covered under our Privacy Policy, which is included by reference as if fully set forth herein. Any information or other submissions, transmissions and/or postings that are communicated to us through the Site or Platform will be considered non-confidential/non-proprietary and will become, to the fullest extent permitted by law, our exclusive property. By creating an Account on our Platform, you agree to subscribe to our newsletters, marketing or promotional materials, SolPods Daily Digest, and other information we may send.
SolPods Proprietary Rights
The Site, including all of its Content and Programs, are the property of SolPods. You acknowledge that the Content, the Programs and the Member Content are protected by copyright, trademark and other laws of the United States and foreign countries. If you would like to use any content from the Site, you must obtain our written permission, and failure to do so will result in immediate breach of this agreement without notice to you. Creating or maintaining any link from another website or Third-Party link without our prior written permission is prohibited.
Your Representations and Warranties
You represent and warrant that you have created all of your Member Content. You also represent and warrant that you have not infringed, misappropriated or violated a third-party’s intellectual property rights, or rights of publicity or privacy which could result in the violation of any applicable law or regulation. You assume all risks associated with your Member Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Member Content that makes you identifiable by location services.
No Endorsements
SolPods disclaims any responsibility for any harm resulting from the use of the Site, the Platform or from any Member Content. SolPods has not reviewed, and cannot review, Member Content, and cannot therefore be responsible for such Member Content. SolPods does not represent or imply that it endorses the Member Content, or that it believes it to be legal, accurate, useful or non-harmful.
Deleting Content
You can remove certain Member Content from the Community; however, some of your Member Content (including, without limitation, posts or comments that have been made on the Community) may not be removed, and copies of your Member Content may continue to exist on the Site in archive or backup form. However, we may remove or delete your Member Content at our sole discretion for any reason or no reason at all. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Member Content.
Feedback
We welcome feedback, comments and suggestions for improvements to the Site (“Feedback”). You can submit Feedback by emailing us at hello@solpods.org. You grant to use a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Links to Third-party Websites or Resources
The Site, Content, Programs and Community may contain links to third-party websites or resources. We provide these links only as a convenience, and are not responsible for the content, products or services on or available from those websites, or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Termination
We may terminate your access to, and use of, the Site at our sole discretion, at any time, for any reason or no reason at all and without notice to you. You may cancel your membership at any time by sending an email to us at hello@solpods.org; however, your cancellation does not affect the terms of this agreement.
Warranty Disclaimers
The Site is provided “as is” without warranty of any kind, express, statutory or implied. Without limiting the foregoing, we explicitly disclaim any warranties or merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
SolPods, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site, Content, Programs or Community will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected in a timely manner or if at all; c) the Site, Content, Programs or Community and or are free of viruses or other harmful components; or d) the results will meet your requirements.
Indemnity
You will indemnify, defend and hold harmless SolPods and its officers, directors, employees, advisors and agents from and against any claims, disputes, demands, liabilities, damages, losses and costs and expenses, including without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Site, Community, Programs or Content, (ii) your Member Content, or (iii) your violation of these Terms.
Your sole and exclusive right and remedy in case of dissatisfaction with the Site, Community, Programs or Content, related Platforms, or any other grievance shall be your termination and discontinuation of access to, or use of the Site, Community, Programs, Content, Member Content, and related Platforms.
Choice of Law
These Terms shall be construed and enforced in accordance with the laws of the state of Delaware in the United States of America without regard to any choice of law or conflict of laws and principles, regardless of where you live.
Injunctive Relief
Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of us or the use, publication or dissemination of any content in connection to the Site.
Waiver of Jury Trial
To the maximum extent permitted by law, the parties hereby waive their right to jury trial with respect to all claims and issues arising under, in connection with, touching upon or relating to these terms. The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site or your participation in the Community, Content, or Programs.
Severability Waiver
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Changes in Ownership
In the event of a merger, acquisition or sale of all or part of us or any of our affiliates or subsidiaries, your continued use of the Site, Content, Community or Programs signifies your agreement to be bound by the terms of use and privacy statement of the Site’s subsequent owner or operator.
Violations of any of these Terms may result in criminal or civil liability in the United States or any country, worldwide. We may investigate any violation(s) of these Terms, and we may also work with the appropriate law enforcement authorities to prosecute any users who violate the Terms or who use the Site and/or Platform to engage in criminal activities, or use any of our content or intellectual property for unlawful or inappropriate purposes at our sole discretion and determination.