1. Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the services and Folsom Labs websites (“HelioScope”, “Web Site” and “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
This Web Site is operated by Folsom Labs from its offices in the United States. This Web Site is directed to adults in the United States and is not intended for children under the age of thirteen.
2. Use License
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
3. Purchase of Software and Non-Transferability
Orders are made online. Payment can be made by credit card to Folsom Labs, Inc. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. Any order requested to Folsom Labs is final and definite for the user (without retracting rights), as soon as Folsom Labs receives and accepts the payment. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Any free use of the software is temporary and can be revoked by Folsom Labs at any time.
You are solely responsible for properly canceling your account. An email or chat request (from the account or account email address) to cancel your account is sufficient to cancel the subscription. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the folsomlabs.com site or the Service itself.
Only Folsom Labs commercializes HelioScope software. There are no other authorized providers for this software.
4. Technical Support
Folsom Labs will make reasonable efforts to provide technical support to users of the software, via email, chat applet, or phone. However, failure to satisfy a request will in no way invalidate this user agreement.
5. User's Obligations
Users commit to respect all intellectual and industrial property rights. Users commit to not copying, broadcasting, amending or reverse engineering any or all of the software or Services.
Non-compliance may lead to termination of the user’s access to the software and further legal recourse, without refund of any access fees paid.
Users must quote the name of Folsom Labs if they publish pictures or tables issued from the software.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with HelioScope or Folsom Labs.
Folsom Labs does not guarantee the results of the software, which depend to a large extent on the parameters entered by the user. The validity of the content of meteorological databases and the validity of components databases cannot be guaranteed. THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Folsom Labs will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
To the maximum extent permitted by law, we and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Folsom Labs software takes into account as far as possible the current state of the technology.
7. Intellectual Property Rights
The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technology components of this Web Site are © 2013, Folsom Labs. All rights reserved.
Folsom Labs grants Users a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Web Site only for personal or commercial use, provided that Users acknowledge Folsom Labs as the source, and do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Web Site in any other manner or for any other purpose without the prior written permission of Folsom Labs. All rights not expressly granted in this Agreement are expressly reserved to Folsom Labs.
All trademarks, service marks, logos and designs used on this Web Site and HelioScope, whether registered or unregistered, are owned by Folsom Labs or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Folsom Labs or its affiliates without our prior written consent. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Folsom Labs or such other owner. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.
8. Information Rights and Ownership
Users who make use of features that allow them to upload material to the site, or who make contact with other users of the site, must comply with the content standards set out in the Acceptable Use Policy. Users warrant that any such contribution does comply with those standards, and shall indemnify Folsom Labs in respect of any loss or damage of any kind suffered by us arising in connection with any breach of that warranty. All content posted on the Service is must comply with U.S. copyright law.
The Services provide features that allow users to share information with others or to make it public. Please consider carefully what you choose to share or make public. Folsom Labs has no responsibility for information that is lost or compromised because of sharing.
In an ongoing effort to better understand and serve our users, Folsom Labs will often conduct research on customer demographics, interests, and behavior based on information provided to Folsom Labs via the website. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our affiliates, agents and business partners. This aggregate information will never identify users or projects individually. Folsom Labs may also disclose aggregated user statistics in order to describe HelioScope to current and prospective business partners, and to other third parties for other lawful purposes.
In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets; in this event, you will be notified via email and/or a prominent notice on our website of any change in ownership, as well as any choices you may have regarding your Personal Data. We may also share your information with our subsidiaries and affiliates, if any.
9. Viruses and Hacking
Users must not misuse the site by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Users must not attempt to gain unauthorized access to the site, the server on which our site is stored or any server, computer or database connected to the site. Users must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
Breach of this provision constitutes a criminal offence under the Computer Misuse Act of 1990. Folsom Labs will report any such breach to the relevant law enforcement authorities.
Folsom Labs will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect users’ computer equipment, computer programs, data or other proprietary material due to use of the Web Site or due to downloading of any material posted on it, or on any website linked to it.
These Terms and Conditions may be revised at any time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.
11. Jurisdiction and Applicable Law
This Agreement and the resolution of any dispute related to this Agreement or the Web Site shall be governed by and construed in accordance with the laws of California without giving effect to any principles of conflicts of law. Any legal action or proceeding between Folsom Labs and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco, California, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
The failure of Folsom Labs to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Folsom Labs and govern your use of HelioScope, superceding any prior agreements between you and Folsom Labs (including, but not limited to, any prior versions of the Terms of Service).