1. Acceptance of the Terms of Use
These Terms of Use are entered into by and between you and BrightMatter LLC, doing business as Sola, its affiliates and subsidiaries (“Company” or “we” or “us” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of our website found at https://getsola.com and mobile application (collectively, our “Website“), including any content, functionality and services offered on or through the Website (the “Services”).
Please read the Terms of Use carefully before you start to use the Website. These Terms of Use are a legally binding contract between you and the Company regarding your use of the Website. By using the Website, creating an Account, or by clicking to accept or agree to the Terms of Use if this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://getsola.com/privacy-policy, incorporated herein by reference.
If you are not eligible, or you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
Arbitration
You agree that all disputes arising under or in connection with these Terms of Use, the Privacy Policy, or the Services associated with the Website will be resolved by binding arbitration, except as otherwise set forth herein. BY ACCEPTING THESE TERMS, YOU AND THE COMPANY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this agreement, EXCEPT AS SET FORTH IN SECTION 13. Your rights will be determined THROUGH FINAL AND binding arbitration under the Rules of Arbitration of the American Arbitration Association applyinG IOWA law by a NEUTRAL ARBITRATOR and NOT BY a judge or jury.
Age of Access
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use, register, or provide any information on this Website or on or through any of its features, make any purchases through the Website, use any interactive or public comment features of this Website or provide any information about yourself to us. If we learn we have collected or received personal information from a child under 13 without verification of parental/guardian consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@getsola.com
Notice to California Residents
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. For example, California’s “Shine the Light” law (Civil Code Section 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services. You may also contact us in writing or by email using our Contact Information below. You may have additional rights under the California Consumer Privacy Act of 2018.
2. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. If we make material changes to these Terms of Use, we will use reasonable efforts to provide you with notice through our Website pop-ups, or by other means, in order to provide you the opportunity to review the changes before they become effective.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You further waive any right you may have to receive specific notice of changes to these Terms of Use. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. Obligations
You make the following promises to us by your acceptance of these Terms of Use:
Payment
If you choose to utilize the Services provided through our Website for which payment is required, you agree to the following:
- You agree that we may utilize a third-party payment provider in order to process payment for the Services. You understand you are bound by such third-party provider’s applicable terms of use and privacy policies, and the Company shall not be liable to you or others for any damages related to the use of a third-party provider for payment processing.
- You will honor any payment obligations and you consent to us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
Notices and Messages
By accessing our Website, you agree to the following:
- You consent to us providing notices and messages to you regarding our Website or Services. If your contact information is out of date, you may miss out on important notices.
- You agree that we may provide notices and messages to you in the following ways: (1) within the Website, or (2) sent to the contact information you provided us (e.g. email, phone number, physical address). You agree to keep your contact information up to date.
4. Rights and Limits
You own your information
You own all of the content, feedback, and personal information you provide to us. We’ll honor the choices you make about how we use your information. You and the Company agree that if any of your information includes personal data, it is subject to our Privacy Policy.
You and the Company agree that we may access, store, process and use any information and personal data that you provide in accordance with these Terms of Use and our Privacy Policy.
You agree to only provide information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that information you provide will be truthful. The Company may be required by law to remove certain information.
5. Other Content, Sites and Apps
By using our Website or Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
You are responsible for deciding if you want to access or use third-party apps or websites that may link from our Website or Services. If you allow a third-party app or website to authenticate you, that app or website may be able to access information related to you. Third-party apps and websites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, the Company is not responsible for these other websites and apps––use these at your own risk. Please see our Privacy Policy.
6. Limits
The Company reserves the right to limit your use of our Website or Services, including the number of your connections. The Company reserves the right to restrict, suspend, or terminate your Account if the Company believes that you may be in breach of these Terms of Use, our Privacy Policy, or law or are misusing the Website or our Services.
7. Intellectual Property Rights
Ownership
The Services are owned and operated by the Company. The Company reserves all intellectual property rights in our Website and Services. Using the Website or Services does not give you any ownership in our Services or the content or information made available through our Website or Services, or any license to use those Services or intellectual property other than as expressly specified herein. Trademarks and logos used in connection with the Website or Services are the trademarks of their respective owners.
License
Subject to your ongoing compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services provided through the Website.
License Restrictions
You may not: (a) reproduce, distribute, publicly display, or publicly perform the Services provided through the Website; (b) make any modifications to the Services provided through the Website; or (c) interfere with or circumvent any feature of the Services provided through the Website, including any security or access control mechanism.
Reporting Copyright Violations
If you believe that a user of the Website has violated or is violating your copyright rights due to that user’s illegal, unlawful, or otherwise improper conduct, you (the copyright owner) or your agent may submit a notification pursuant to the Digital Millennium Copyright Act 17 U.S.C. § 512(c)(3) (“DMCA”) by providing our Copyright Agent with the following information in writing:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- a statement 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; and
- 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 owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
The Company’s designated agent to receive notifications of claimed infringement is:
BrightMatter LLC
Attn: Customer Support
500 W Hickman Rd, #732
Waukee, IA 50263
support@getsola.com
Failure to comply with all of the requirements of the foregoing may result in the waiver or invalidity of the DMCA. You may be liable for damages, including court costs and attorney’s fees if you materially misrepresent that content on the Website constitutes copyright infringement.
The Company will advise the alleged infringer of the DMCA statutory counter-notification procedure as described in the DMCA, at which time the alleged infringer may respond to your claim and ask that the content at issue be restored.
Upon receiving your notification of alleged copyright infringement, as set forth above, the Company will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. In accordance with the DMCA, the Company has implemented a policy to terminate, when appropriate, access to the Website of any repeat infringer. As stated above, the Company may terminate your access at any time for any or no reason.
8. Automated Processing
We may use the information and data that you provide and that we obtain about you to make recommendations for connections, content and features that may be useful to you. For example, we may use data and information about you to recommend products to you. Keeping your information accurate and up-to-date helps us to make these recommendations more accurate and relevant.
9. Disclaimer and Limit of Liability
No Warranty
TO THE MAXIMUM EXTENT ALLOWED UNDER LAW, THE COMPANY AND ITS AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
Exclusion of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW (AND UNLESS THE COMPANY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), THE COMPANY AND ITS AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF THE COMPANY AND ITS AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR SERVICES, IF ANY, OR (B) $1,000 USD.[
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF THE COMPANY OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
10. Termination
Both you and the Company may terminate their agreement under these Terms of Use at any time without notice to the other. You may cancel your Account by contacting us at [INSERT EMAIL]. Effective upon termination, you lose the right to access or use the Services. If you terminate your Account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission to use the Services will terminate automatically. In addition, we may in our sole discretion terminate your Account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without notice. We may alter, suspend or discontinue the Services or any portion of the Services without notice. We will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- The following Sections of these Terms of Use: Disclaimer and Limit of Liability; Governing Law and Dispute Resolution; and General Terms;
- Any amounts owed by either party prior to termination remain owed after termination.
11. Governing Law and Dispute Resolution
By visiting the Website, you agree that any disputes concerning or involving these Terms of Use, or the use of the Website shall be governed in accordance with the internal laws of the state of Iowa, without regard to conflict of law principles. You hereby consent to the personal jurisdiction of the courts of the State of Iowa for resolution of all disputes concerning or involving these Terms of Use, or your use of the Website.
12. General Terms
If a court with authority over these Terms of Use finds any part of them unenforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms of Use.
If we don’t act to enforce a breach of these Terms of Use, that does not mean that we have waived our right to enforce these Terms of Use. You may not assign or transfer your rights under these Terms of Use to anyone without our consent. However, you agree that we may assign our rights under these Terms of Use without your consent. There are no third-party beneficiaries to these Terms of Use.
13. Dispute Resolution and Arbitration
A. Generally. In the interest of resolving disputes between you and Company in the most efficient and cost-effective manner, and except as set forth in Section 13(B), you and the Company agree that any dispute arising under or in connection with these Terms of Use, the Privacy Policy, or the Services associated with the Website will be resolved by binding arbitration, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
B. Exceptions. Notwithstanding the provisions of Section 13(A), nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
C. Arbitrator. Any arbitration between you and Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Use, applying Iowa law. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
D. Notice of Arbitration; Process. A party who intends to seek arbitration must first send written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical mailing address, then by electronic mail (“Notice of Arbitration”). Company’s address for Notice is set forth in the Contact Information section below. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties shall make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Company may commence an arbitration proceeding.
E. No Class Actions. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
14. Disclaimer
COMPANY DOES NOT, UNDER ANY CIRCUMSTANCES, OFFER HEALTH INFORMATION OR ADVICE. MATERIAL CONTAINED ON THE WEBSITE IS FOR REFERENCE ONLY AND MUST NOT BE CONSIDERED AS A SUBSTITUTE FOR SOUND MEDICAL ADVICE FROM YOUR PERSONAL PROVIDER ON YOUR OWN INDEPENDENT SITUATIONS. YOU MUST CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT OR SERVICE OR OTHERWISE USING ANY MATERIAL DISCUSSED WITHIN THE WEBSITE.
BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT COMPANY IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT ALL DECISIONS MADE USING THE WEBSITE CONTENT WILL BE THE EXCLUSIVE RESPONSIBILITY OF YOU AND YOUR PHYSICIAN. COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE WEBSITE CONTENT. YOU AGREE, AT YOUR EXPENSE, TO INDEMNIFY AND HOLD COMPANY HARMLESS FROM ANY AND ALL LOSSES, LIABILITIES, OR DAMAGES RESULTING FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, SUITS, PROCEEDINGS, OR DEMANDS AGAINST COMPANY ARISING FROM OR RELATED TO DECISIONS OR RECOMMENDATIONS YOU MAKE USING THE WEBSITE CONTENT.
15. Contact Information
All questions, comments and requests regarding these Terms of Use should be addressed to:
BrightMatter LLC
Attn: Customer Support
500 W Hickman Rd, #732
Waukee, IA 50263