Terms and Conditions

 
 

Sols, Inc. (“Sols”) provides Products (as the term is defined below) through the Sols mobile application (the “Sols App”) and the Sols website, located at www.sols.com (the “Site”). These Terms of Use state the terms and conditions under which you may use the Sols App and Site and purchase the Products. Please read these Terms of Use carefully. By clicking “I Accept,” and using the Sols App or Site, you accept and acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and you represent and warrant that you are at least 13 years old or older. If you are under age 18 but above 13 you are permitted to use the Sols App and Site, provided you do so with the consent of a parent or legal guardian who accepts these Terms of Use on your behalf. If you do not agree to any of these terms, then you are not permitted to use the Sols App or Site. These Terms of Use may be updated by Sols from time to time without notice to you.

Description and Use of the Sols App and Site:

(a) The Sols App and Site.The Sols App and Site allow Registered Users (as defined below) to purchase custom orthotic products (the “Products”).

(b) License to Use the Sols App. Sols hereby grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Sols App on a single device that you own or control and to run such copy of the Sols App solely for your own personal use. Furthermore, with respect to any Sols App accessed through or downloaded from the Apple, Inc. (“Apple”) application store (such app, the “Apple App”), you will use the Apple App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Use. Sols reserves all rights in and to the Sols App not expressly granted to you under these Terms of Use.

(c) License to Use the Site.Your access to and use of the Site is subject to these Terms of Use.

(d) Fees.The Sols App and Site are currently provided to you for free.

Accessing and Downloading the Sols App from iTunes:

The following terms apply to any Apple App. These terms are in addition to all other terms contained in these Terms of Use:

  • You acknowledge and agree that (i) these Terms of Use are concluded between you and Sols only, and not Apple, and (ii) Sols, not Apple, is solely responsible for the Apple App and content thereof. Your use of the Apple App must comply with the App Store Terms of Use.

  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.

  • In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App. As between Sols and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Sols.

  • You acknowledge that, as between Sols and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple App or your possession and use of the Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  • You acknowledge that, in the event of any third party claim that the Apple App or your possession and use of that Apple App infringes that third party’s intellectual property rights, as between Sols and Apple, Sols, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.

  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the Apple App, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the Apple App against you as a third party beneficiary thereof.

  • Without limiting any other terms of these Terms of Use, you must comply with all applicable third party terms of agreement when using the Apple App.

Products; Shipping; Return Policy:

(a) Product Availability and Pricing

All Products are provided and are manufactured and/or supplied by Sols.

If you are interested in a Product that is currently unavailable, email Sols at customercare@sols.com, and Sols can tell you when the Product will be available again. Sometimes with the volume of orders Sols receives, a Product may become unavailable before Sols is able to post a notification on the Sols App or Site. If this happens after you purchased that Product, Sols will contact you directly to discuss possible options.

Product prices may be inaccurately displayed on the Sols App or Site due to system or typographical errors. While Sols makes every attempt to avoid these errors, they may occur. Sols reserves the right to correct any and all errors when they do occur, and Sols does not honor inaccurate or erroneous prices. If you purchase a Product with a listed price that is lower than its actual price, Sols will, at its discretion, either contact you to notify you of the correct price before shipping the Product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the Product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. Sols apologizes for any inconvenience that this may cause.

Sols does not negotiate prices on its Products and all prices are final.

(b) Product Descriptions

Sols makes every attempt to ensure that our online catalog is as accurate and complete as possible. To give you the opportunity to view the Products in great detail, some Products may appear larger or smaller than their actual size in the photographs on the Sols App and Site; and since every device monitor is set differently, color and size may vary slightly.

Sols’ objective is to provide you with as much information and detail about your prospective purchase as possible so that you can get the details of a particular item.

(c) Payment Terms and Billing Information

In order to purchase Product(s), you must provide us with valid credit card information. By providing such information, you warrant and represent that (i) the information is valid and accurate, (ii) you are the owner or an authorized user of such credit card, and (iii) you are responsible for any and all charges made using such credit card information.

(d) Shipping Terms

Products purchased by you will be shipped in accordance with Sols’ then current shipping policy. You can contact Sols at customercare@sols.com] to learn more.

(e) Return Policy

You may return Products only in accordance with Sols’ then current Return Policy, a current version of which can be viewed here Link to FAQ page, Returns Section  .

Registration:

If you would like to purchase the Products through the Sols App, you will need to download the Sols App from the Apple App Store using your Apple credentials. Upon downloading or accessing the Sols App, you will be required to register and create an account with Sols. If you would like to purchase the Products through the Site, you will need to register and create an account with Sols on the Site. Whether you register on the Sols App or the Site, you will have to create a username and password, and provide certain information about yourself. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your mobile device, and agree not to disclose your username and password to a third party. You are solely responsible for all activities that occur under your account or with your username and password. Your healthcare provider may also require you to sign standard permission forms and any additional authorizations (collectively, the “Required Documentation”) at the time of registration on the Sols App or the Site.   You represent and warrant that all login and authorization information you submit through the Sols App and the Site is truthful and accurate and you will maintain the accuracy of such information.

No Medical Advice:

You acknowledge and agree that Sols does not provide any form of medical care, medical opinion, medical advice, diagnosis or treatment, and that Sols does not evaluate whether or not you should seek medical attention, through the Sols App or Site. The contents of the Sols App and Site, such as articles, graphics, images, information from our third party contributors, Product descriptions and instructions, and other material contained on the Sols App and Site (“Content”) are for informational purposes only. Although such Content may be provided by individuals in the medical profession, the provision of such Content does not create a doctor-patient relationship, and does not constitute a medical opinion, medical advice, or diagnosis or treatment of any particular condition. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

If you experience any type of medically adverse event or emergency at any time, please call emergency services or your physician immediately.

Use of Personal Information:

Your use of the Sols App and Site will involve the transmission to Sols of certain personally-identifiable information (“Personal Information”). Sols’ policies with respect to the collection and use of Personal Information are governed according to its Privacy Policy (located at http://www.sols.com/privacy), which is hereby incorporated by reference in its entirety

Intellectual Property:

Sols or its content providers retain all right, title and interest in and to the Sols App and Site, all software and technology incorporated therein, all Content and all Sols trademarks and logos, trade dress, and other elements protected by state and federal laws used and displayed through the Sols App and Site (collectively, the “Sols IP”). Except as expressly set forth in these Terms of Use, you have no right in or to the Sols IP. No other uses are permitted without prior written consent. Unauthorized use of the Sols IP may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Sols IP provided to you by Sols. You may not sell, transfer, assign, license, sublicense, modify, reproduce, display, publicly perform, make a derivative version of, distribute or use for a public or commercial purpose, the Sols IP.

Prohibited Uses of the Sols App and Site:

You shall not transmit, redistribute, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) include any information that references other mobile apps, websites, addresses, email addresses, contact information or phone numbers; (f) impersonate any person, business or entity, including our company and our employees and agents; (g) encourage conduct that would constitute a criminal offense; (h) give rise to civil liability; (i) otherwise violate any law (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising); or (j) in doing so, amounts to any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying, or is otherwise detrimental to, the Sols App or Site. You shall not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Sols App or Site.

Feedback:

By submitting any feedback and materials, including comments, ideas, questions, designs, and other similar communications, whether solicited or unsolicited (collectively, “Feedback”) to Sols through the Sols App or Site, through the use of online forms or via email, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide Sols with any Feedback. All Feedback will be considered non-confidential and non-proprietary. You agree that any Feedback may be used by Sols for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Sols may use any ideas, concepts, know-how, or techniques contained in any Feedback you send to Sols for any purpose whatsoever, including, but not limited to, developing, providing, and marketing services. By submitting any Feedback, you are granting Sols a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Feedback and to use your name and other identifying information in connection with such Feedback.

Electronic Communication:

When you use the Sols App or Site or send emails to Sols, you are communicating with Sols electronically. You consent to receive communications electronically from Sols and its affiliates. Sols will communicate with you by email or by posting notices in the Sols App or Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

Although Sols encourages you to e-mail Sols, Sols does not want you to, and you should not, e-mail Sols any content that contains confidential information. With respect to all e-mails you send to Sols, including, but not limited to, feedback, questions, comments, suggestions, and the like, Sols shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.

Disclaimer and Limitation of Liability:

YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS, THE SOLS APP, AND THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF SOLS, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “SOLS PARTIES”) WARRANT THAT THE SITE, THE SOLS APP, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

THE CONTENT PROVIDED ON THE SOLS APP THE SITE AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH THE SOLS APP AND SITE BY SOLS IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. SOLS MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, OR QUALITY OF WORK OF OUR EMPLOYEES, VOLUNTEERS OR THIRD PARTY CONTRIBUTORS, OR CONTENT THEY PROVIDE THROUGH THE SOLS APP OR SITE. SOLS MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE ACCURACY AND COMPLETENESS OF THE CONTENT AS IT RELATES TO YOUR MEDICAL HISTORY OR MEDICAL RECORDS. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT IS NOT ERROR-FREE.

IN NO EVENT SHALL ANY OF THE SOLS PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF ANY SOLS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL SOLS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF CONTENT PROVIDED BY OUR COUNSELORS, VOLUNTEERS, OR THIRD PARY CONTRIBUTORS. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE SOLS PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE VALUE OF THE PRODUCTS PURCHASED BY YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE SOLS PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PRODUCTS, THE SOLS APP OR THE SITE IS TO STOP USING THE PRODUCTS, THE SOLS APP AND THE SITE.

External Sites and Applications:

The Sols App and Site may contain links to third-party websites and mobile applications (“External Sites”), but Sols does not endorse and is not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification:

You agree to defend, indemnify, and hold the Sols Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms of Use; (ii) your access to, use, or misuse of the Sols App and Site; or (iii) your violation of any third-party right, including without limitation any intellectual property or privacy right.

Compliance with Applicable Laws:

The Sols App and Site are based in the United States, and are intended to be used only by residents of the United States. Sols makes no claims concerning whether the Sols App, the Site and/or the Sols IP may be viewed or be appropriate for use outside of the United States. If you access the Sols App, Site and/or the Sols IP from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Changes to Terms of Use:

Sols may change these Terms of Use and/or your access to all or any part of the Sols App and Site at any time and for any reason without prior notice or liability. Your continued use of the Sols App and Site shall constitute your acceptance of any changes to these Terms of Use. Sols may change, suspend, or discontinue all or any part of the Sols App and Site at any time without prior notice or liability.

Miscellaneous:

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intent as expressed herein, and the remainder of these Terms of Use shall remain in full force and effect. These Terms of Use and any other agreements between the parties entered into through the Sols App and Site shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by Sols to protect its intellectual property or confidential information, which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. These Terms of Use, together with any Required Documentation, contain the entire agreement of the parties concerning the Sols App and Site and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

How to Contact Sols:

If you have any questions or comments about the “Sols App” or the “Site” please contact Sols by email at customercare@Sols.com

You also may write to Sols at:

601 W 26th St. Suite 815

New York, NY, 10001