SOL STRATEGIES INC.

 

These are the terms of use (“Terms of Use”) for the use of the products and services, content, functionality, materials, information and software made available on or through https://solstrategies.io (the “Website“) owned and operated by Sol Strategies Inc. (hereinafter referred to as “Sol Strategies”, “we”, “We, “us”, “Us”, “our” or “Our”) by you (“you”, “You”, “user” or “User”). You may be accessing the Website from a computer, mobile device, application or by any other means now known or hereafter devised, and these Terms of Use govern your use of the Website and your conduct, regardless of the means of access.

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you agree to follow and be bound by these Terms of Use whether or not you have read them. Sol Strategies reserves the right to change these Terms of Use, as well as any products, services, prices, and programs mentioned on the Website at any time, in its sole discretion, without notice. You are responsible for reviewing these Terms of Use often enough to stay current of any changes. Sol Strategies will endeavor to notify you of any material changes by posting notice of such changes on the Website. Your continued use of any part of the Website after Sol Strategies posts notice of such changes to these Terms of Use (regardless of whether Sol Strategies has specifically notified you of such changes) shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms of Use.

If you do not agree to all of these Terms of Use, you should not access, visit or participate in the Website. Sol Strategies reserves the right to seek all remedies available by law and in equity for any violation of these Terms of Use. If you breach any of these Terms of Use, your authorization to use the Website automatically terminates and you agree to immediately destroy any material you obtained from the Website (or derived from material you obtained from the Website). Any rights not expressly granted herein are reserved. Please note that these Terms of Use cover your use of the Website and do not necessarily cover your use of any services or products accessed through the Website. Sol Strategies will not be liable to you or any third-party for any claims or actions arising or resulting from your use, visit, or participation in the Website and for any modification, suspension, or termination of the Website, or termination of your access to any of your accounts.

The Website is offered and available to legally eligible users of at least 18 years of older depending on the laws of their jurisdictions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Sol Strategies and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.

TERMINATION OF USE

You agree that Sol Strategies may, in its sole discretion, at any time terminate your access to all or any part of the Website and any account you may have in connection with the Website without notice, for any reason whatsoever, including, without limitation, any violation of these Terms of Use. Access to the Website may be monitored by Sol Strategies.

THIRD PARTY WEBSITES, CONTENT, PRODUCTS AND SERVICES

The Website may provide links to other websites and access to content, products and services from third parties, which are not under the control of Sol Strategies. You agree that Sol Strategies is not responsible for third party content accessible through the Website, including opinions, advice, statements, and advertisements, and understand that you bear all risks associated with the use of such content. Sol Strategies is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sol Strategies of any such content or website or association with its operators and does not grant you any license to products or services available through those links. You should refer to the policies posted by other websites regarding privacy and other topics before you use them, as Sol Strategies is not in any way responsible for the practices (including, privacy practices) of such websites. When you access a website other than the Website, you do so at your own risk. The Website may mention third-party products and services for informational purposes. Sol Strategies makes no recommendations or endorsements about third-party products and services.

LICENSE TO USE AND RESERVATION OF RIGHTS

All materials (graphics, icons, HTML, javascripts, color schemes, multimedia, logos, photographs, copywriting, et al) that appear on the Website are the property of Sol Strategies and copyrighted by same. Other materials on the Website not originally produced by us (some audio, video, trademarks, et al) are copyrighted by their respective creators/owners and appear here either by permission, example or as public domain reference material.

We grant you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to access and the Website and the content and materials that we make available to you on our Website, including marketing, materials, text, audio, video, photographs, maps, illustrations, graphics, trademarks (whether registered or unregistered) and other media, in each case subject to and conditional on your continued compliance with the terms and conditions of these Terms of Use. All content and material available through the Website is owned by us and our third-party licensors and providers, and is provided for informational purposes only. For greater certainty, we, in its sole discretion, may terminate or suspend your license to use the Website and/or some or all of the materials and content incorporated on the Website at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If we terminate or suspend your license to use the some or all of the Website, these Terms of Use will nevertheless continue to apply in respect of your use of the Website prior to such termination or suspension.

We have and will retain all right, title and interest in and to our Website and the software and systems used to provide them (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights), and all copies, modifications and derivative works of any of them. You acknowledge that you are obtaining only a limited right to access and use the Website, and no rights are granted to you in relation to use of the Website or its contents and materials other than as expressly set forth in these Terms of Use.

CURRENCY OF WEBSITE

Sol Strategies reserves the right to make changes or updates to the Website at any time without notice and updates the information on the Website regularly. However, such information is not intended to be a comprehensive review of all matters and developments concerning Sol Strategies, and Sol Strategies cannot guarantee the accuracy, currency or completeness of the information at all times and assumes no responsibility, and disclaims all liability, for any reliance placed on such information by you or by anyone who may be informed of any of its contents. Accordingly, any reliance you place on such information is strictly at your own risk.

Further, Sol Strategies makes no commitment to update materials on the Website, and makes no representations, warranties or commitments concerning the availability of future products, features or versions that may be planned or under development or any specifications described on the Website. Sol Strategies has no special relationship or fiduciary duty to you.

UNACCEPTABLE USE

You will not (a) make the Website available to, or use the Website for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, make available, rent or lease the Website, or include the Website in a service bureau or outsourcing offering, (c) use the Website to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, including intellectual property rights and privacy rights, (d) use the Website to send spam, or to store or transmit any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data, (e) interfere with or disrupt the integrity or performance of the Website, (f) attempt to gain unauthorized access to the Website or its related systems or networks, (g) access or use any of our intellectual property except as permitted under these Terms of Use, (h) copy or make derivative works from all or any part of the Website or any part, feature, function or user interface of the Website, (i) frame or mirror any part of the Website, or otherwise incorporate any portion of the Website into any product or service, (j) access or use the Website in order to build a competitive product or service or to benchmark with a non-Sol Strategies product or service, (k) reverse engineer the Website, or any software used to provide it (to the extent such restriction is permitted by applicable laws), (l) access or use any part of the Website that is (expressly or implicitly) not intended for use by you, (m) use any non-Sol Strategies automation code in relation the Website (including any “bot” or “spider”), (n) collect or harvest any information from the Website in a bulk or systematic way, (o) remove, alter, or obscure any proprietary notices on the Website, (p) probe, scan, or test the vulnerability of the Website or any network connected to it, or breach the security or authentication measures on them or on any network connected to it, (q) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other User of or visitor to the Website, (r) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to them, or (s) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message you send to us or any other person on or through the Website.

WEBSITE IS PROVIDED AS A SERVICE ONLY

The Website and the information contained herein is not intended to, and does not constitute, an offer to sell, or a solicitation of an offer to buy, any securities of Sol Strategies in any jurisdiction, or a recommendation to buy or sell any securities of Sol Strategies in any jurisdiction, and the Website and the information contained herein in no way should be construed or interpreted as such. No securities commission or other regulatory authority in Canada or any other country or jurisdiction has in any way passed upon the information contained on the Website, and no representation or warranty is made by Sol Strategies to that effect.

NOT RESPONSIBLE FOR INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties inherent in the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Website. Computer viruses or other destructive programs may also be inadvertently downloaded from the Website. Sol Strategies shall not be liable for Internet software, computer viruses or destructive programs and recommends that you install appropriate anti-virus or other protective software. Any content, materials, information, products, or software downloaded or otherwise obtained through the use of the Website is used at your own discretion and risk. Sol Strategies shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information, products or software or the upload by you of any content, materials, information, software, products or other materials to the Website.

Additional risks, uncertainties and other important factors that may cause the actual results to be materially different from those expressed or implied by forward-looking statements, include, among others, (i) business, economic and capital market conditions; (ii) regulatory uncertainties; (iii) market conditions and the demand and pricing for our products; (iv) the demand and pricing of bitcoins and other cryptocurrencies; (v) security threats, including a loss/theft of Sol Strategies’ bitcoins and other cryptocurrencies; (vi) uncertainty inherent in, or unforeseen changes affecting, (A) our relationships with our customers, distributors and business partners, (B) our ability to successfully define, design and release new products in a timely manner that meet our customers’ needs, (C) our ability to maintain technological leadership, and/or (D) our ability to attract, retain and motivate qualified personnel; (vii) competition in our industry; (viii) the impact of technological changes on our products and industry; (ix) our failure to develop new and innovative products; (x) the value of our investments and factors affecting the business of our investee companies; (xi) the liquidity of our investments; (xiii) the security of our digital assets, including any loss thereof; and (xii) such other developments (including, without limitation, equipment failure, or our inability to successfully maintain and enforce our intellectual property rights and defend third-party claims of infringement of our intellectual property rights).

Should one or more of these risks or uncertainties materialize, or should assumptions underlying the forward-looking statements prove incorrect, actual results, performance or achievements could vary materially from those expressed or implied by the forward-looking statements contained on the Website. These factors should be considered carefully, and you should not place undue reliance on any forward-looking statements contained on the Website. Although the forward-looking statements contained on the Website are based upon what Sol Strategies currently believes to be reasonable assumptions, Sol Strategies cannot provide any assurance that its actual results, performance or achievements will be consistent with any such forward-looking statements. All such forward-looking statements are made as of the date of inclusion on the Website, and Sol Strategies does not intend, and Sol Strategies does not assume any obligation, to update or revise any forward-looking statements to reflect new events or circumstances, except as required by law.

DISCLAIMER

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING, WITHOUT LIMITATION, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED BY SOL STRATEGIES (AND ALL PERSONS ASSOCIATED WITH SOL STRATEGIES) TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER SOL STRATEGIES, NOR ANY PERSON ASSOCIATED WITH SOL STRATEGIES, WARRANTS THAT (1) THE WEBSITE OR ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR WILL BE ACCURATE, RELIABLE OR CORRECT, OR MEET ANY EXPECTATIONS, (2) THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (3) YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, (4) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (5) ANY CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (6) THE CONTENT IS TIMELY, SECURE OR ERROR-FREE.

TO THE FULLEST EXTENT PROVIDED BY LAW, SOL STRATEGIES 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 YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. See also, the heading entitled “Not Responsible for Internet Software or Computer Viruses” in these Terms of Use.

EXCLUSION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SOL STRATEGIES, ITS AFFILIATES, AND THEIR RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY CLAIMS, EXPENSES, DAMAGES OR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY ACTION OR DECISION MADE BY YOU OR ANY OTHER PERSON IN RELIANCE ON THE WEBSITE OR THE CONTENT, OR ANY UNAUTHORIZED USE OR REPRODUCTION OF THE WEBSITE OR THE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR IF SOL STRATEGIES IS MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS, EXPENSES, DAMAGES OR LOSSES.

SOME DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY

In some circumstances, applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

INDEMNITY

BY USING THE WEBSITE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SOL STRATEGIES, ITS AFFILIATES, AND THEIR RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTRIBUTIONS, ANY USE OF THE WEBSITE’S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE.

CHOICE OF LAW & FORUM

The Website and these Terms of Use are governed by the laws applicable in the Province of Ontario, Canada. All disputes arising from these Terms must be resolved exclusively by the courts of the Province of Ontario. By using the Website, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.

PRIVACY

Sol Strategies respects your right to privacy of your personal information. Please review our privacy policy (the “Privacy Policy“) available at www.solstrategies.io/privacy for details on the way we collect, use, disclose and otherwise manage any of your personal information. By using the Website, you consent to the collection, use, and disclosure of your personal information in accordance with the Privacy Policy.

EXPORT CONTROLS

These Terms are expressly made subject to any laws, regulations, orders or other restrictions on export from the United States of America (U.S.) or Canada of the Website, or any information about any of them, which may be imposed from time to time by the governments of the U.S. or Canada. You shall not export the Website, its contents and materials, or any information about any of them without our prior written consent and compliance with such laws, regulations, orders and other restrictions. You represent and warrant that (a) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.

LICENSE TO USE FEEDBACK

Where applicable, you grant to Sol Strategies and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by you.

USE OF NON-IDENTIFIABLE INFORMATION

As mentioned in our Privacy Policy, any non-identifiable information gathered by us through your use of the Website may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize user access, and assess utilization of the Website. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes, and shall in no way identify you or include any information about any identifiable individual.

CLASS ACTION WAIVER

Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Website and its content and materials, or (b) these Terms of Use, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor we will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.

INJUNCTION

You acknowledge that any breach, threatened or actual, of these Terms of Use will cause irreparable harm to Sol Strategies, such harm would not be quantifiable in monetary damages, and we would not have an adequate remedy at law. You agree that we shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Use, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that we post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to us to enforce any provision of these Terms of Use.

GENERAL

If any provision of these Terms of Use is unlawful, void, or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. All rights and remedies of Sol Strategies granted or recognized in these Terms of Use are cumulative, are in addition to and not in substitution for any rights or remedies at law and may be exercised at any time and from time to time independently or in any combination. In these Terms of Use (a) references to currency are to the lawful money of Canada [NTD: please confirm], (b) “person” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other organizations and entities recognized by law, and (c) “including” (and similar variations) means including without limitation. These Terms of Use, together with any additional service terms presented on the Website (“Additional Service Terms”) represent the entire agreement between you and Sol Strategies with respect to use of the Website, and they supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and Sol Strategies with respect to any of the foregoing. Failure by us to insist on strict performance of any of the terms or conditions of these Terms of Use or any Additional Service Terms will not operate as a waiver by us of that or any subsequent default or failure of performance. Sol Strategies’ affiliates, Sol Strategies’ directors, officers, employees, partners, suppliers, and agents are third party beneficiaries of the sections titled “Disclaimer”, “Exclusion of Liability” and “Indemnity”. There are no other third-party beneficiaries of these Terms of Use. You may not assign these Terms of Use without the prior written consent of Sol Strategies. These Terms of Use will enure to the benefit of and will be binding on you and Sol Strategies and your and its respective successors and permitted assigns.