Terms of Use

These terms and conditions govern your use of of the StructureSolver website (currently located at www.structuresolver.com) and its associated software and services (collectively referred to as "this website").   By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. Please note that these Terms of Use exclusively govern your access and use of this Site and do not alter or affect the terms and conditions of any other agreement that you may have or enter into with Nunns and Rogan LLC. The latter agreement will continue to govern that specific legal relationship with Nunns and Rogan LLC.  However, some pages on this Site or areas of this Site with restricted access may require the application of additional or special terms and conditions (for example, licensing restrictions to download software) which will be described on those pages.

License to use website

Unless otherwise stated, Nunns and Rogan LLC own the intellectual property rights in this website and material on this website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or video from this website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from this website;
  • show any material from this website in public;
  • reproduce, duplicate, copy, create a derivative work, or otherwise exploit material on this website for any commercial purpose;
  • edit or otherwise modify any material on this website; or
  • redistribute material from this website (except for content specifically and expressly made available for redistribution)
  • where content is specifically made available for redistribution, it may only be redistributed within your organization.
Acceptable use

You must not use this website in any way that causes, or may cause, damage to this website or impairment of the availability or accessibility of this website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of Nunns and Rogan LLC.

This website may include and make available custom graphics, icons, logos and service names, all of which are trademarks or service marks of Nunns and Rogan LLC or its affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, or the name of Nunns and Rogan LLC or its affiliates for any purpose whatsoever without the prior written approval of an authorized representative of Nunns and Rogan LLC.

Software

You acknowledge and agree that Nunns and Rogan LLC and/or its licensors own all legal right, title and interest in and to this website, including but not limited to graphics, user interface, the scripts and software used to implement this website, and any software provided to you as a part of and/or in connection with this website (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that this website (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright, patent, trade secret, and trademark. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of this website in compliance with these terms and conditions. No portion of this website may be reproduced in any form or by any means, except as expressly permitted in these terms.

Login Access

Registered users who have been provided with login access to this website must not share their login credentials with others. You are solely responsible for maintaining the confidentiality and security of your login access and for all activities that occur on or through your login access, and you agree to immediately notify Nunns and Rogan LLC of any security breach or unauthorized use of your login access.

You agree that your login access is non-transferable.  If you are granted login access because you belong to an organization possessing a StructureSolver license and you subsequently leave that organization you must no longer use your login access without contacting Nunns and Rogan LLC and receiving express written permission from Nunns and Rogan LLC authorizing your continued use of the login access.

Nunns and Rogan LLC reserves the right to revoke login access at any time, for any reason.

Export Control

Use of this website and Software, including transferring, posting, or uploading data, software or other content via this website, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or this website, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or this website for any purposes prohibited by United States law. You further agree not to upload to this website any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software, without first obtaining that government authorization.

Disclaimer of Warranties

ALL MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, OR INFORMATION OBTAINED BY YOU FROM THIS WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE INFORMATION ON THIS SITE IS FOR GENERAL INFORMATION PURPOSES ONLY.  WHILE WE TRY TO PROVIDE ACCURATE, CURRENT, AND COMPLETE INFORMATION, THE INFORMATION IN THIS WEBSITE MAY CONTAIN INADVERTENT TYPOGRAPHIC, TECHNICAL OR OTHER ERRORS OR OMISSIONS.  PLEASE BRING THEM TO OUR ATTENTION BY EMAILING WEBMASTER@STRUCTURESOLVER.COM OR USING THE  WEBSITE SUPPORT FORM. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE AT ANY TIME WITHOUT NOTICE TO YOU. THE MATERIALS AT THIS WEBSITE MAY BE OUT OF DATE. WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS.

YOUR USE OF ANY SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, ELECTRONIC AND DIGITAL FILES OR LOSS OF DATA THAT MAY RESULT FROM SUCH ACTIVITIES.

Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY OTHER WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE.

YOU UNDERSTAND AND AGREE THAT WE PROVIDE THE SERVICES AND FEATURES ASSOCIATED WITH THIS WEBSITE CONDITIONED ON YOUR UNDERSTANDING OF, AND AGREEMENT WITH, THE PRESCRIBED LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS OF USE. BUT FOR YOUR AGREEMENT WITH THESE LIMITATIONS AND DISCLAIMERS, WE WOULD NOT PROVIDE THE SERVICES SET FORTH HEREIN. CONSEQUENTLY, YOU SPECIFICALLY AGREE THAT YOU UNDERSTAND AND AGREE TO THESE LIMITATIONS AND DISCLAIMERS.

IF THE ABOVE LIMITATIONS OR DISCLAIMERS SHALL FAIL OF THEIR ESSENTIAL PURPOSE UNDER APPLICABLE LAW OR THROUGH ADJUDICATION, THEN THE PARTIES AGREE THAT ANY DAMAGES (DIRECT, INDIRECT AND INCLUDING ATTORNEYS' FEES AND ADJUDICATION COSTS) SHALL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF (i) THE AMOUNT OF MONEY YOU PAID  FOR USING THIS SITE OR $100.

Indemnification

You agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this website, its services, or features. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this website with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Where, in our reasonable opinion, there is any suspected fraudulent, abusive, inappropriate, or illegal activity, such activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension of your access, regardless of the reasons therefore, your right to use the services available on this website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account, login access, and all related information and files in your account and/or bar any further access to such files or this website.   You must destroy any materials you have obtained from the website upon termination of access. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Governing Law

This website (excluding any linked sites) is controlled by us from our offices within the state of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this website, both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of products and services available through this website. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction or arbitrator in Contra Costa County, California with respect to such matters.

In the event of a dispute, the parties agree that we, in our sole discretion, may choose to resolve such dispute by binding arbitration under California's then-current arbitration rules and statutes as administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Mediation Procedures (“AAA Rules”). If the provisions of California arbitration rules conflict in any way with the AAA rules, the AAA Rules as construed by the arbitrator shall govern. Any such arbitration shall be held in Martinez, California before a single arbitrator unless the parties agree otherwise. The successful or prevailing party in any such party shall be entitled to recover the prevailing party's reasonable attorney's fees and other expenses of the arbitration if the award of attorney's fees and costs is authorized by civil action involving the same claim(s).

Notices

All notices to a party shall be in writing and shall be made either via e-mail or via conventional mail. Notices to us must be sent to the attention of Customer Service at webmaster@structuresolver.com, if by e-mail, or at Nunns and Rogan LLC, P O Box 335, Danville, CA 94526, if by conventional mail. Notices to you may be sent to the email address supplied by you as part of your account information. In addition, we may broadcast notices or messages through this website to inform you of changes to this website or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

No Waiver

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

Entire Agreement

These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Thank you for visiting StructureSolver.com.  Please contact us if you have any questions or concerns about these Terms of Use.