Terms of service

TERMS & CONDITIONS

OVERVIEW

This website (the “Website”) is operated by Sollbol LLC (“Sollbol”, “Company”, “we”, “us”, and “our”). By using the Website and/or purchasing a Sollbol product (each a “Product”) from us, you accept and agree to these terms and conditions, including, without limitation, those additional terms and conditions and policies that may be referenced herein and/or available by hyperlink (collectively, the “Terms”), all of which shall govern your use of this Website, including all information, tools, and Services available from this Website. These Terms apply to all users of the Website, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound and abide by these Terms. If you do not agree to all the terms and conditions set forth in these Terms, then you may not access the Website or use any services offered by us (collectively, the “Services”).

Any new features or tools which are added to the Website shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. All changes are effective and binding immediately when posted to this Website. It is your responsibility to check this page periodically for changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES AN AGREEMENT TO ARBITRATE DISPUTES, A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. PLEASE READ ALL THESE PROVISIONS CAREFULLY BEFORE USING THE WEBSITE.

SECTION 1 - ONLINE STORE TERMS

By accessing and using the Website, you agree on your behalf, and on behalf of any entity or person on whose behalf you are accessing the Website, to abide by these Terms. We permit you to use and access the Website for lawful purposes only and only in a manner consistent with these Terms. Your agreement to these Terms is a condition of being granted access to, and use of, the Website. If you do not agree with the Terms, you must exit the Website immediately. By accessing the Website, you represent that you are of the age of majority in your location, have the authority to agree to these Terms, and that all information provided by you is accurate. You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Services and/or Products, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to this Website and/or any right to our Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse our Services to anyone, for any or no reason, at any time, with or without notice, at our sole discretion. You understand and agree that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The shopping and payment portions of this Website are powered by Shopify Inc. Your use of those portions of the Website and any related transactions are also subject to Shopify’s Terms of Service, which are available at https://www.shopify.com/legal/terms By using the shopping features of this Website, you agree to comply with and be bound by Shopify’s applicable terms and policies in addition to these Terms. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services, or any contact on the Website through which the Services are provided, without express written permission by us. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

SECTION 4 - MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services and/or our Products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Services or the Products.

SECTION 5 - PRODUCTS OR SERVICES

Certain Products or Services may be available exclusively online through the Website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Warranty & Refund Policy: https://sollbol.com/policies/refund-policy We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate. Dimensions of Products are approximate and may vary. Finishes of Products may vary slightly. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product or Services made on this Website is void where prohibited. We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services and/or Products will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order of Products you place with us. We may, in our sole discretion, limit or cancel quantities of Products purchased per person, per household, or per order. These restrictions may include orders of Products 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 that we make a change to or cancel an order of Products, we may 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 of Products that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more details on purchasing, billing, and/or refunding related to your orders, please review our Warranty & Refund Policy: https://sollbol.com/policies/refund-policy

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which such tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services, Products, and/or features through the Website (including the release of new tools and resources). Such new features, Products, and/or Services shall also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and Services available via our Services and/or Website may include materials from third-parties. Third-party links on this Website may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party materials or sites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send, or without a request from us, you voluntarily provide, any information, content, or materials to us, including, without limitation, photographs, videos, film, audio and/or visual recordings, testimonials, creative ideas, suggestions, proposals, plans, or any other materials whatsoever, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you acknowledge and agree that: (a) you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, and create derivative works from your comments, in whole or in part, in any media now known or later developed, for any lawful purpose, including, without limitation, marketing, advertising, promotion, and publicity of our products, Services, and/or Website; (b) we are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation to you or others for any comments, or (3) to review, respond to, or use any comments; and (c) you represent and warrant that (1) you own or otherwise control all rights necessary to grant the license herein, (2) your comments do not infringe the rights of any third party, including, copyright, trademark, privacy, or publicity rights, and (3) that any individuals depicted in your comments have given you consent to grant us these rights. We may, but have no obligation to, monitor, edit, or remove comments that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information on or through the Website is governed by our Privacy Policy, which can be viewed here: https://sollbol.com/policies/privacy-policy

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Website or the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders of Products if any information in the Services or on the Website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Services or on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on the Website should be taken to indicate that all information in the Services or on the Website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related Website, other sites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services, the Website, other related sites, or the Internet. We reserve the right to terminate your use of the Services, the Website, or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SERVICES, WEBSITE, AND THE TECHNOLOGY UNDERLYING THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE, AND/OR NON-INFRINGEMENT, AND THE SAME ARE EXPRESSLY EXCLUDED.

WITHOUT LIMITING THE FOREGOING, SOLLBOL AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “AFFILIATES”, AND TOGETHER WITH SOLLBOL, THE “SOLLBOL PARTIES”):

(a) MAKE NO, AND EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW), ALL REPRESENTATIONS AND WARRANTIES AS TO, (i) THE TIMELINESS, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF THE SERVICES, PRODUCTS, OR WEBSITE, AND (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, PRODUCTS, OR ANY SERVICE PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE USE OF THE SERVICES OR WEBSITE;

(b) DO NOT WARRANT THAT THE SERVICES OR WESBITE ARE OR WILL BE (i) ERROR-FREE OR THAT ACCESS THERETO WILL BE UNINTERRUPTED; OR (ii) FREE FROM COMPUTER VIRUSES, SYSTEM FAILURES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR MALFUNCTIONS, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; AND

(c) DO NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PRODUCTS OR SERVICES.

United states federal law and some states, provinces, and other jurisdictions do not allow the exclusion of and/or limitations on certain implied warranties, so the above exclusions and/or limitations may not apply to you. These Terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations under these Terms will not apply to the extent prohibited by applicable law.

Furthermore, you acknowledge and agree that we are only willing to provide the Services, Products, and/or Website if you agree to certain limitations of our liability to you and third parties, as set out below and elsewhere in the Agreement.

THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE SOLLBOL PARTIES OR THEIR CORPORATE PARTNERS BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, OR OTHERWISE) FOR, AND SUCH PARTIES EXPRESSLY DISCLAIM, ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION AND THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS), LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS, AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “LIABILITIES”) ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH THE SERVICES, PRODUCTS, WEBSITE, OR YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICES, PRODUCTS, OR WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE SOLLBOL PARTIES AND THEIR CORPORATE PARTNERS FROM THE FOREGOING.

Nothing in the Agreement excludes or limits any liability or warranty that, by applicable law, may not be limited or excluded. Additionally, some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases, the above limitations may not apply to you in their entirety.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE SOLLBOL PARTIES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO SOLLBOL IN THE 12 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS (US $100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Notwithstanding the foregoing, for all residents of a country outside of the United States, regardless of any other provision in the Agreement excluding or limiting our liability, nothing in these Terms excludes or limits our warranties and liability for: (a) death or personal injury caused by us; or (b) our gross negligence or willful misconduct.

SECTION 14 - INDEMNIFICATION

We reserve the right, in our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without our prior written consent. You shall indemnify, defend, and hold harmless Sollbol and our Affiliates from and against any and all Liabilities incurred in connection with: (a) your use of, inability to use, or participation on or in, the Services, Products, or Website; (b) your breach or violation of these Terms; (c) your violation of any law, or the rights of any other user or third party; (d) your use of any third-party links or websites that appear on the Services or Website; or (e) any comments or feedback submitted by you or using your account to the Services, including, without limitation, the extent such comments may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of us and you incurred prior to the termination date of these Terms shall survive the termination of these Terms for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Website or in respect to the Services constitute the entire agreement and understanding between you and us, and governs your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms or any other Notices should be sent to us at info@sollbol.com

SECTION 21 – NOTICES

Unless otherwise specified in these Terms, all agreements, notices, disclosures, and other communications (collectively, “Notices”) under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered, or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service. Notwithstanding the foregoing, any Notices to which these Terms refers will be sent to you electronically (including, without limitation, by email or by posting Notices on the Services), and you consent to receive Notices in this manner. All notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you have any questions about these Terms or about the Services, please contact us.

SECTION 22 – CONSENT TO ELECTRONIC SIGNATURES

By using the Services, you agree (a) to transact electronically through the Services; (b) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity, and enforceability as a paper-based signature; (c) your use of a keypad, mouse, or other device to select an item, button, icon, or similar act/action, constitutes your signature as if actually signed by you in writing; and (d) no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature.

SECTION 23 – MISCELLANEOUS

(a) Relationship of the Parties - No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship exists, is intended, or created between you and us by these Terms or your use of the Services. You do not have authority to act as agent for, nor to bind or make any representations on behalf of, Sollbol.

(b) Entire Agreement - These Terms, including any terms linked to herein, and incorporated by reference into, these Terms, constitutes the complete and exclusive agreement between you and us with respect to your use of the Services, and supersedes any and all prior or contemporaneous agreements, proposals, or communications. However, these Terms do not supersede other agreements about other subject matter that you may have with us. The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable.

(c) Waiver - Failure by us to enforce any provision(s) of these Terms will not be construed as a waiver of any provision or right.

(d) Assignment - You hereby acknowledge and agree that we may assign or transfer these Terms without your consent. Upon the effective date of the assignment of these Terms: (i) we shall be relieved of all rights, obligations, and/or liabilities to you arising in respect of events postdating the effective date of the assignment; and (ii) the assignee entity shall replace us for the performance of these Terms. You may not assign or transfer these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent, and any attempt to do so will be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. All parts of these Terms which, by their nature, should survive the expiration or termination of these Terms shall continue in full force and effect subsequent to, and notwithstanding, the expiration or termination of these Terms or your use of the Services. These Terms, in whole and in part, is drawn up in English. In case of discrepancies between the English text version of these Terms (in whole or in part) and any translation of these Terms, the English version shall prevail.

SECTION 24 – DISPUTE RESOLUTION – ARBITRATION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND SOLLBOL CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION 24 WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND US TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

BY ENTERING INTO THIS ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”), YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS ARBITRATION AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND SOLLBOL MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.

This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) and survives the termination of the Terms, this Arbitration Agreement, and your relationship with us.

To the fullest extent permitted by applicable law, you and Sollbol agree to arbitrate any and all disputes and claims (collectively, “Claim(s)”) relating to, arising from, or regarding your use of the Services, Products, or Website, your relationship with us, the Services, or the Terms (including previous versions), including Claims by us, Claims against us, and Claims against our Affiliates.

To the fullest extent permitted by applicable law, this includes, without limitation, Claims related to payments, any city, county, state, or federal wage and hour law, compensation, meal or rest breaks, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress, any promotions or offers made by us, or the threatened or actual suspension or deactivation of your account; Claims related to breach of any express or implied contract or breach of any express or implied covenant; Claims arising under federal or state consumer protection laws; Claims arising under antitrust laws; Claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; Claims arising under the Fair Labor Standards Act, Civil Rights Act, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by us and covered by the Employee Retirement Income Security Act or funded by insurance), and state or local statutes, if any, addressing the same or similar subject matters; and all other federal, state, or local statutory and common law Claims.

If there is a dispute about the arbitrability of any Claim (including about the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and Sollbol agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below. To the extent that any third-party beneficiary to these Terms brings Claims against a party, those Claims shall also be subject to this Arbitration Agreement. If either party brings both arbitrable and non-arbitrable Claims in the same action or related actions, both agree that the non-arbitrable Claims shall be stayed until the conclusion of the arbitration, to the fullest extent permitted by law.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND SOLLBOL ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.

Except as otherwise required under applicable law, you and Sollbol agree that any arbitration will be limited to the Claim(s) between us (and/or, if applicable, our Affiliates) and you, individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SOLLBOL ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless both you and Sollbol otherwise agree, the arbitrator may not consolidate more than one person’s Claims and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. Notwithstanding the foregoing, this Class Action Waiver shall not apply to California Private Attorney General Act Claims, which are addressed separately below.

Notwithstanding any other provision of these Terms, the Arbitration Agreement, or the AAA Rules, to the fullest extent allowed by law: (1) you and Sollbol agree not to bring a representative action on behalf of others under the California Private Attorneys General Act (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any Claim brought on a private attorney general basis, including under PAGA, both you and we agree that any such Claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Waiver”).

Notwithstanding any other provision of these Terms, the Arbitration Agreement, or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of this Representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this Representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (1) the unenforceable provision shall be severed from these Terms; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act Claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the Representative PAGA Waiver is unenforceable with respect to those Claims, the parties agree that court litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

In order to initiate arbitration, a Claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party. The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in these Terms, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website, www.adr.org, or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper, based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules. You and Sollbol agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within 30 days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.

As part of the arbitration, the parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all Claims in accordance with applicable law and will honor all claims of privilege recognized by law. Claims will be governed by their applicable statute of limitations and failure to demand arbitration within the prescribed time period shall bar the Claims as provided by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). Except as required by law or the applicable AAA Rules, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.). At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.

Unless you and Sollbol agree otherwise, any arbitration hearings will take place remotely or in the State of New York.

The Arbitration Agreement shall not require arbitration of the following types of Claims:

(a) Claims for workers’ compensation, disability insurance, and unemployment insurance benefits;

(b) Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;

(c) Applications for provisional remedies, preliminary injunctions, and temporary restraining orders relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;

(d) Representative action brought on behalf of others under PAGA or other private attorney general acts, to the extent the Representative PAGA Waiver in is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; and,

(e) Claims that have been expressly excluded from mandatory arbitration by the Federal Arbitration Act or a governing law not preempted by the FAA.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or a similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. These Terms and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim, or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.

In addition to the severability provisions above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

You may opt out of the requirement to arbitrate if you have not previously agreed to an arbitration provision in our Terms where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this version of the Arbitration Agreement in the manner specified below, but opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

Except as specified in this Arbitration Agreement, you may opt out of the Arbitration Agreement by notifying us in writing within 30 days of your agreement to these Terms. To opt out, you must send a signed written notification to us at our United States mailing address. The notification must include: (i) your account username, (ii) your name, (iii) your address, (iv) your telephone number, (v) your email address, and (vi) a clear statement indicating that you wish to opt out of the Arbitration Agreement.

SECTION 25 – TELEPHONE COMMUNICATIONS

You acknowledge that by providing your telephone number, you expressly consent and agree to receive calls or text messages, including by manual dialing and/or using an automated telephone dialing system, from us and our Affiliates, or from independent contractors related to your account, registration, onboarding, changes and updates, service outages, any transaction with us, and/or your relationship with us, even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge and agree to receive automated calls and text messages from us and our Affiliates, or from independent contractors even if you close your account or terminate your relationship with us, unless you opt-out.

We may offer you the chance to enroll to receive recurring text messages from us about Service-related or Product-related news alerts and marketing or promotional offers (“promotional texts”). By enrolling in a promotional text message program, you agree to receive text messages, including from an automated telephone dialing system, to your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such texts. Message frequency varies and standard message and data rates apply. You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any Products or services. To opt-out, please see the Opt-Out Instructions below.

You may opt-out from receiving text messages at any time. To opt-out of text messages, reply STOP, QUIT, END, CANCEL or UNSUBSCRIBE to any text message you receive. You acknowledge and agree that you may receive one final text message confirming your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.

SECTION 26 - RELEASE

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence. Further, in consideration of the Services provided by us, you hereby release us from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities, or other harms resulting from or relating to telephone calls or text messages, including, without limitation, any claims, causes of action, or lawsuits based on any alleged violations of the law, including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws. We and our Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

SECTION 27 – ACKNOWLEDGEMENT AND CONSENT

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS, AS WELL AS THE PRIVACY POLICY AND ALL OTHER TERMS INCORPORATED HEREIN AND THEREIN BY REFERENCE, AND AGREE THAT YOUR USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS.

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