Please read these Terms of Service (the "Terms") and our Privacy Policy carefully because they govern your purchase of products from Solidiphy and services accessible via www.solidiphy.com. The Site and our services, including as those services are provided via or in connection with the products and services of one of our third-party partners, are collectively called the "Services."
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SOLIDIPHY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION.
1. Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services. If you are authorizing a minor to use the Services as their parent or legal guardian, you are agreeing to these Terms on behalf of yourself and such person.
2. Privacy Policy
Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
3. Changes to these Terms or the Services
We may update the Terms from time to time in our sole discretion. If we do, we'll let you know by posting the updated Terms on the Site. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes.
4. Who May Use the Services?
(a) Eligibility and Registration. For certain features of the Services you'll need an account. You must be at least 16 years of age (or other age as may be required by applicable law). It's important that you provide us with accurate, complete and current account information and keep this information up to date.
(b) Access Codes. In order to access certain features of the Services, you must receive an access code from our Travel Partner or directly from us. Solidiphy will have no responsibility to you for your inability to access or use the Services related to such an account.
5. Feedback
If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
6. Payments
(a) Charges. When you submit an order using the Service, you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. All amounts are payable in United States dollars.
(b) Bundled Services. One of our Partners may offer you complimentary access to certain features of the Services. These Terms remain applicable to your use of the Services.
(c) Payment and Cancelling a Transaction. If you need to cancel a Transaction, please contact us at support@solidiphy.com. Except as provided in these Terms, all payments made to Solidiphy are NON-REFUNDABLE.
(d) Taxes. You will be responsible for all sales, use, and excise taxes imposed by any governmental authority on amounts payable to Solidiphy.
(e) Refund and Reprint Policy. You may request a refund for damaged products within 30 days of the shipment date and receive a refund of the amount paid (less any shipping fees), or request a reprint of damaged or defective products within 30 days of the shipment date. No refunds or reprints are available after the 30-day period has expired.
7. Your Content
(a) Posting Content. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as "User Content". Solidiphy does not claim any ownership rights in any User Content.
(b) Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Solidiphy a non-exclusive, transferable, worldwide, royalty-free license to use, copy, modify, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
(c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have all rights necessary to grant the license rights in your User Content under these Terms.
(d) Removal of User Content. You can remove your User Content by specifically deleting it. Copies of your User Content may continue to exist on the Services for a period of time.
8. General Prohibitions and Solidiphy's Enforcement Rights
You agree not to post content that infringes intellectual property rights, violates applicable law, is fraudulent, defamatory, obscene, promotes discrimination or violence, or promotes illegal activities. Solidiphy reserves the right to remove or disable access to any content at any time without notice.
9. DMCA/Copyright Policy
Solidiphy respects copyright law and expects its users to do the same. It is Solidiphy's policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.
10. Shipment and Delivery
Estimated ship dates are estimates only. Solidiphy will make reasonable efforts to meet scheduled shipment dates, but will not be liable for any loss or damage resulting from any delay in shipment or delivery.
11. Links to Third Party Websites or Resources
We provide access to third-party websites only as a convenience and are not responsible for the content, products or services available from those resources.
12. Termination
We may suspend or terminate your access to and use of the Services at any time and without notice. You may cancel your account at any time by emailing us at support@solidiphy.com.
13. Warranty Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
14. Indemnity
You will indemnify and hold Solidiphy and its officers, directors, employees and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs arising out of or in any way connected with your access to or use of the Services, your User Content, or your violation of these Terms.
15. Limitation of Liability
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SOLIDIPHY NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SOLIDIPHY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE AMOUNTS YOU HAVE PAID TO SOLIDIPHY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS APPLICABLE.
16. Governing Law and Forum Choice
These Terms will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions.
17. Dispute Resolution
(a) Mandatory Arbitration of Disputes. Any dispute, claim or controversy arising out of or relating to these Terms or the use of the Services will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding.
(b) Exceptions. We both may seek to resolve a Dispute in small claims court if it qualifies, and we each retain the right to seek injunctive or other equitable relief from a court to prevent infringement of intellectual property rights.
(c) Conducting Arbitration. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
(e) Class Action Waiver. YOU AND SOLIDIPHY 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.
19. General Terms
(a) Reservation of Rights. Solidiphy and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Solidiphy and you regarding the Services and supersede all prior oral or written understandings or agreements.
(c) Notices. Any notices or other communications provided by Solidiphy under these Terms will be given via email or by posting to the Services.
(d) Waiver of Rights. Solidiphy's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
20. Contact Information
If you have any questions about these Terms or the Services, please contact Solidiphy at support@solidiphy.com or 53 W. Church St. Fairport NY 14450.