Terms & Conditions
Last Updated: February 1, 2018
Welcome to the Soludos LLC ("Soludos," "we" or "us") website, soludos.com (the "Site"). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the "Conditions"). To the extent any other conditions on the Site conflict with any of these terms and conditions, these terms and conditions will take precedent.
Your use of the Site and/or or shopping on the Site constitutes your agreement with the Conditions that follow and we reserve the right, in our sole discretion, to revise these Conditions at any time. When we make changes, we will post them here.
Changes, if any, will be effective as of the time of posting, or such later date as may be specified in the updated Conditions, and will apply to your use of the Site from that point forward.
You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, please do not use the Site.
If any portion of these Conditions shall be deemed invalid, void, or for any reason unenforceable, that specific condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, data, compilations and written and other content that appear as part of the Site or made accessible via the Site (collectively, the "Content") are protected by copyright, trademark, trade dress, and/or other intellectual property rights laws, and are owned by or licensed to Soludos.
The Content, and the Site as a whole, is intended solely for personal, non-commercial use by the users of the Site. You may not download or copy the Content displayed on the Site for commercial use unless expressly authorized and only subject to any other restrictions herein. No right, title or interest in any downloaded materials, software or other Contents is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software. The Site and its Content are protected by copyright, trademark, trade dress, and/or other intellectual property rights laws. All worldwide rights, titles and interests in and to the Site and the Content are owned by Soludos.
Soludos grants you a limited, non-exclusive, non-transferable license to access the Site for your personal and non-commercial use in accordance with these Conditions. This license does not include any resale or commercial use of this Site or its Content; any collection and use of any product listings, descriptions, data, or prices; any derivative use of this Site or its Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Soludos. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Soludos without express written consent. You may not use any meta tags or any other "hidden text" utilizing Soludos' name or trademarks without the express written consent of Soludos. Any unauthorized use terminates the permission or license granted by Soludos. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Soludos.com so long as the link does not portray Soludos, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Soludos logo or other proprietary graphic or trademark as part of the link without advance and express written permission.
“SOLUDOS”, “CHEERS TO THE SUMMER” and other soludos.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Soludos in the United States and/or in a number of other countries. Soludos' trademarks and trade dress may not be used in connection with any product or service that is not Soludos', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Soludos. All other trademarks not owned by Soludos that may appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Soludos.
COPYRIGHT COMPLAINT POLICY-INFRINGEMENT NOTIFICATION
Soludos respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide our copyright agent ([email protected]) with the following information in accordance with the Digital Millennium Copyright Act:
- A clear identification of the copyrighted work you claim is being
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material and its location.
- Your contact information, including your address, telephone number, and an email address.
- Include a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- Include a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the Site should be emailed to [email protected], re: copyright infringement
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, Soludos shall issue you a refund.
Soludos does not take title to returned merchandise until the item is received by us. At our discretion, a refund may be issued without requiring a return. In this situation, Soludos does not take title to the refunded item. For more information about our returns and refunds, please see our return policy.
Soludos attempts to be as accurate as possible. However, Soludos does not warrant that product descriptions or other content of this Site is 100% accurate, complete, reliable, current, or error-free. If a product offered by Soludos itself is not as described, your sole remedy is to return it in unused condition.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Most Soludos products displayed on the Site are available in select stores in the United States and select foreign markets while supplies last. In some cases, all merchandise displayed on the Site may not be available for sale in stores.
You may purchase Soludos products only for personal use. You may not re-sell or otherwise purchase any Soludos products for commercial use. Any such re-sale for commercial use shall be in violation of these Conditions, including the limited license set forth herein.
RISK OF LOSS
Items purchased from Soludos may be made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
LINKS TO OTHER WEBSITES
This Site may contain links to outside services and resources. You acknowledge that (a) Soludos is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (b) Soludos is not responsible for any other form of transmission received from any linked site. Soludos is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Soludos of the site. Any concerns regarding any such link should be directed to the particular third party website.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with involvement of a parent or guardian. Soludos reserves the right to refuse service, terminate accounts, terminate your rights to use the Site, remove or edit content, or cancel orders in its sole discretion.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER LAW, SOLUDOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOLUDOS DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE OR ANY EMAIL SENT TO YOU ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. SOLUDOS DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. SOLUDOS RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SOLUDOS OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF SOLUDOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST SOLUDOS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF SOLUDOS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, SOLUDOS LIABILITY SHALL NOT EXCEED US$50.00. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree to defend, indemnify and hold harmless Soludos, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees), arising from or relating in any way to your use of the Site and/or violation of these Conditions.
CHOICE OF LAW
By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions and any dispute of any sort that might arise between you and Soludos.
BINDING ARBITRATION & CLASS ACTION WAIVER
Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by Soludos or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Conditions.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, as follows: SOLUDOS LLC, c/o Corporation Services Company, 251 Little Falls Drive, Wilmington, DE 19808. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Soludos will reimburse those fees for claims totaling less than $500 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
520 Broadway 5th Floor
New York, NY 10012
Unless otherwise specified and except to the extent Soludos products are offered for sale in the United States and select foreign markets through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Soludos products and services available in the United States and select foreign markets. This Site is controlled and operated by Soludos from its offices in New York.
These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Soludos to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You may not use the Site or export the Content in violation of United States export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.