Precigeo Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS PRECIGEO SITE AND THE SERVICES AVAILABLE THROUGH THIS SITE (THE “SITE”) ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND THE OWNER OF THIS SITE, WHITEGOLD SOLUTIONS, INC. (“WHITEGOLD”, "WE" OR “US”) AND GOVERN YOUR ACCESS TO, AND USE OF, THIS SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. WHITEGOLD MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. WHITEGOLD CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions.

Whitegold (DBA precigeo) provides solar analytic services as well as the resulting data, images, schematics, reports and other information (collectively, “Reports”) through this Site. Certain information, documents, products and services provided on and through this Site, including the data, images, graphics, images, schematics and other content (together, the “Materials”) are made available to you by Whitegold and are the copyrighted and/or trademarked work of Whitegold or Whitegold’s licensors.

Whitegold grants you a limited, perpetual, non-exclusive, non-transferable license to use the Reports internally, provided you do not: (a) re-market or distribute the Reports or any portion thereof, or (b) share the Reports or any portion thereof with any third party, except to your contractors and agents who are bound to maintain the confidentiality of, and are prohibited from sharing, the Reports and underlying Materials with any other parties. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Reports or Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Reports or Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, or any Reports or Materials.

Whitegold acknowledges you continue to own all of your own information and all related intellectual property rights. You acknowledge Whitegold and its licensors continue to own all Materials including any data Whitegold develops derived from your information and all related intellectual property rights. Whitegold retains ownership of all right, title and interest in, or all rights as a licensor for, the Reports including, without limitation, all associated rights under the laws of copyright, trademarks and patents. You agree not to challenge Whitegold's or its licensors' ownership of or rights to the Materials or Reports or any patent upon which its production may be dependent. You will not alter or delete any copyright notices or trademarks of Whitegold or its licensors that may be included in a Report or contained in any documentation supporting it or its normal use.

Password Restricted Areas of this Site.

You may need a password to login to this Site and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, and agree to notify Whitegold if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify Whitegold of any unauthorized use of your account or any other breach of security in relation to this Site known to you.

Purchases

If applicable, you will pay all fees or charges to your account based on Whitegold’s fees, charges, and billing terms in effect as shown on the order form found on our Order Forms page. You are responsible for paying any taxes that may apply. If you do not pay on time or if Whitegold cannot charge your credit card, PayPal or other payment method for any reason, Whitegold reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that Whitegold is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Site and/or the service and the fees will be billed to the credit card you provided to Whitegold via order form upon completion and delivery of the work If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Whitegold may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. If you have any billing problem or question, please click here to support@precigeo.com .

Privacy Policy.

Your use of this Site is governed by the Whitegold Privacy Policy, which is available at our Privacy Statement page (the “Privacy Policy”).

Third Party Content.

Certain information and other content may be the material of third party licensors and suppliers to Whitegold (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to use the Third Party Content in compliance with the license set forth above. WHITEGOLD DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites.

This Site may be linked to other sites that are not Whitegold sites. Whitegold is providing these links to you only as a convenience, and Whitegold is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Submissions.

You acknowledge that you are responsible for the information and material that you submit, including without limitation, data and other information (each a “Submission”) through the services available in connection with this Site, and that you, and not Whitegold, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. You agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You grant Whitegold a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, use, copy, exploit, and prepare Reports from and derivative works of the Submission. No information you submit shall be deemed confidential. However, Whitegold agrees to use your information in accordance with Whitegold’s Privacy Policy applicable to personally identifiable information. You retain ownership of any copyrights or other intellectual property rights, if applicable, to any information you submit to Whitegold, such as your Submissions. You further agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission.

You represent and warrant that: (i) you own the Submissions posted by you on or through the Site or otherwise have the right to grant the license set forth in this section, and (ii) your Submissions on or through the Site do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submissions posted by you to or through the Site.

Prohibited Uses.

When using this Site and/or the services, you agree not to, without limitation:

This list of prohibitions provides examples and is not complete or exclusive. Whitegold reserves the right to terminate your access to this Site and your account, with or without cause and with or without notice, for any reason or no reason, or for any action that Whitegold determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. Whitegold may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Whitegold’s discretion, Whitegold will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

These prohibitions do not require Whitegold to monitor, enforce or remove any information submitted by you or any other user.

Unauthorized Activities.

Unauthorized use of any Reports, Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold Whitegold and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Whitegold or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights.

Whitegold and precigeo are trademarks of Whitegold in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Whitegold, Copyright 2009 Whitegold Solutions. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer of Warranties.

Your use of this Site and/or the Reports and services is at your own risk. The Reports, Materials and Third Party Content have not been verified or authenticated in whole or in part by Whitegold, and they may include inaccuracies or typographical or other errors. Whitegold does not warrant the accuracy of timeliness of the Reports, Materials or the Third Party Content contained on this Site. Whitegold has no liability for any errors or omissions in the Reports, Materials and/or the Third Party Content, whether provided by Whitegold or our licensors.

WHITEGOLD, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY REPORTS, MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE REPORTS, MATERIALS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, REPORTS, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WHITEGOLD DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.

WHITEGOLD SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY REPORT, MATERIAL OR THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL WHITEGOLD BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WHITEGOLD KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control.

Whitegold controls and operates this Site from its headquarters in the United States of America and the Reports, Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

General.

If you violate these Terms, Whitegold may terminate and/or suspend your access to this Site and your account without notice. Whitegold has the right to terminate any password-restricted account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in San Francisco, California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Whitegold’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Whitegold and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Whitegold about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.