These Terms of Service (“Terms”) apply to your access to and use of the websites, applications, and other online products and services (collectively, our “Services”) provided by SoloSuit, Inc., d/b/a SoloSuit, d/b/a SoloSettle, f/k/a Lawble, inc., or any of its subsidiaries and affiliates (collectively referred to herein as “SoloSuit”, Us”, We” or “Our”).
Please read these Terms of Services carefully. By making an account with SoloSuit or by using Our Services you accept and agree to abide by the below Terms, regardless of whether you have read through all of the applicable terms, which are subject to change and revision from time to time without notice. SoloSuit reserves the right to change, modify, add or remove portions of these Terms of Service at any time by posting amended Terms of Service. Any such changes will be effective immediately upon being posted to this Website. Each time you use this Website, you should review the current Terms and Conditions and linked documents, if any. Your continued use of this Website will indicate your acceptance of the current Terms of Service. Except as stated elsewhere, such amended Terms of Use will be effective immediately and without further notice. If at any time you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 27 (the “Binding Arbitration Section”), you should not, and are not authorized to access or use our Services.
If you have any questions or concerns about these Terms of Service or Our Services, please contact us at support@solosuit.com and we will try to resolve it.
SoloSuit has made a commitment to protecting the privacy of those who visit Our websites and access Our services and products. In addition to these Terms, please refer to Our Privacy Policy (https://www.solosuit.com/privacy) for additional information about how we collect, use, and disclose information about you. SoloSuit’s Privacy Policy is hereby incorporated herein by reference.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services provided by Us. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.
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Overview of Our Services
- You are permitted to use Our Services in legal, reasonable, and appropriate ways.
- All entries made by you on this Website constitute affirmative representations by you that the information provided is true and reasonable and that no information which would materially impact the truthfulness or reasonableness of the entry has been omitted.
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Contact Information
- By submitting your contact information, including your name, phone number, mobile phone number, and email address, you understand that we or a related or unrelated company may contact you by email or phone call to discuss your inquiry and you consent to this contact. You also understand that you may receive SMS/text messages from Us about your transaction and you consent to this contact. Message and data rates may apply. Message frequency will vary. You can opt-out of this service at any time by simply replying to our last message with “STOP”. For assistance, please call 855-xxx-xxxx. Additionally, by submitting your contact information to us, you are expressly consenting to be contacted by us or by one or more providers of products and services by telephone, email or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution.
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SoloSuit Does Not Provide Legal Advice
- You are aware and agree that SoloSuit is not a law firm nor does it act as your attorney, and does not perform services performed by an attorney or provide legal advice or guidance. No attorney-client relationship or privilege is created between you and Us. Instead you are representing yourself in any legal matter you undertake, including any legal matter relating in any manner to your use of the Services. Neither SoloSuit nor the Services are intended to provide legal advice.
- You are solely responsible and liable for any and all legal decisions you make regardless of whether you use the Services to assist you in making such decisions. You waive all claims against US for any loss or damage that may occur because of your legal decisions and you agree that SoloSuit shall not be liable for any such losses or damages. SoloSuit is not responsible for any lawsuit outcomes.
- If, prior to your purchase, you believe that SoloSuit gave you any legal advice, opinion, or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you should not proceed with this purchase, and any purchase that you do make will be null and void.
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SoloSuit Is Not a Debt Relief Service
- You agree that SoloSuit is not a debt relief service nor is it a debt settlement company. SoloSuit does not perform services performed by a debt relief service or debt settlement company. These services include but, are not limited to, debt settlement, debt negotiation, credit counseling, prorating, or debt management.
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Eligibility
- You represent and warrant that you: (i) are at least 18 years old; (ii) have not previously been suspended or removed from using our Services; (iii) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party; (iv) are not a national or resident of any country to which the United States has embargoed goods or services; (v) have not been identified as a “Specially Designated National” by the Office of Foreign Assets Control; (vi) have not been placed on the U.S. Commerce Department’s Denied Persons List; (vii) will not use our Services outside the United States and (viii) do not and will not have more than one account on the Services.
- If you are using Our Services on behalf of an entity, (i) you represent and warrant that you are authorized to bind that entity to these Terms, (ii) that entity agrees to be responsible for you and any other user that accesses the Services on its behalf, including for your and their compliance with these Terms, and (iii) all references to "you" will refer to you and that entity, jointly.
- Some of the products and services offered through the websites may be subject to additional terms and conditions, including those products and services offered by or through third-party providers. To the extent not inconsistent with these Terms, these additional terms and conditions are hereby incorporated herein by reference; however, in the case of any inconsistency between these Terms and any other document that is incorporated by reference herein, these Terms shall control.
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User Accounts and Account Security
- You will need to register for an account to access some or all of our Services. You agree to provide accurate account information and promptly update this information if it changes. You also agree to maintain the security of your credentials and account and promptly notify us if you discover or suspect that someone has accessed your account without your authorization. Your username and password are personal to you and may not be shared with any third parties. You are responsible for all activities that occur regarding your credentials or otherwise under your account.
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Services
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Answer
- If you prepare an answer to a complaint (the “Answer”) using Our Services, the following terms and conditions apply:
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Any documents provided by SoloSuit or used by SoloSuit in connection with the Services (including the Answer) are not a substitute for the advice or services of an attorney. You authorize us to create your Answer via the Services using the information you provide via the Services. We will create your Answer; however, you agree that you are solely responsible for:
- the information you provide,
- reviewing the Answer, and
- ensuring you agree with the Answer before you sign it.
You agree that you are also solely responsible for independently determining whether the Answer and filing instructions provided by SoloSuit comply with the laws, regulations and rules of your applicable jurisdiction.
- The requirements for preparing an Answer vary depending on local, state and federal laws, regulations, and the court’s interpretation in your jurisdiction. We cannot guarantee that all of the information provided by SoloSuit is completely current or correct. Because of changes in the law, variations between and within jurisdictions, and different interpretations of the law, you should consult with a licensed attorney in your jurisdiction regarding the applicability of the Services or the Answer prepared by SoloSuit to your particular circumstances.
- For our “Premium” package, a third-party, independent contract attorney review is involved, but no attorney-client relationship is formed between SoloSuit and any user as a result of the attorney’s involvement, as SoloSuit does not provide legal advice. For North Carolina users, the contact information for the attorney reviewer will be provided upon written request.
- For our “Standard” and “Premium” packages SoloSuit may mail your Answer to the appropriate court and to the plaintiff’s attorney in your lawsuit. SoloSuit is not a process server. While SoloSuit will use its best efforts to file the Answer on your behalf, you release SoloSuit from any responsibility if your Answer does not arrive timely to the court.
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SoloSettle
- If you use SoloSettle or one of the other Services We provide, the following terms and conditions apply:
- You agree that SoloSuit does not provide you with any legal advice and is not a law firm, legal aid clinic, or debt relief service. Instead, you are using SoloSettle to settle your debt on your own. You are representing yourself in any legal matter you undertake.
- You are solely responsible and liable for any and all legal decisions you make regardless of whether you use the Services to assist you in making such decisions. You waive all claims against SoloSuit for, any loss or damage that may occur because of your legal decisions and you agree that SoloSuit shall not be liable for any such losses or damages. SoloSuit is not responsible for any settlement outcomes. You are responsible for reviewing and understanding any settlement agreement you agree to.
- SoloSuit charges you a fee for using our software, if a settlement between the parties is reached. This fee ranges from 10 percent to 30 percent of the total amount of the debt (“SoloSettle Fee”). This is not a settlement fee.
- From time to time Law Firms or Creditors may provide you with pre-qualified settlement offers on the SoloSettle portal. A pre-qualified settlement offer is a way for a Law Firm or Creditor to let you know that you might qualify for a settlement. Receiving a pre-qualification settlement offer is a good sign that the offer might be approved, but it is not a guarantee. Pre-qualified settlement offers still need to be accepted by the Law Firm,Creditor, or other party, making You the offer. If you accept a pre-qualified settlement offer from a Law Firm, Creditor, or other party on the SoloSettle portal, the Law Firm, Creditor, or other party may still deny the offer. By accepting a pre-qualified settlement offer You understand that it is not guaranteed and You agree to not hold SoloSuit, SoloSettle, Law Firm, Creditor, or other party responsible if your pre-qualified settlement offer is not accepted.
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Other services.
- You can use SoloSuit to draft a Debt Validation Letter. The terms of the Answer section apply.
- You can use SoloSuit to draft a Motion to Compel Arbitration. The terms of the Answer section apply.
- SoloSuit will offer other services as it sees fit. These terms apply to all and any other services we provide.
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Additional SoloSuit Terms. You understand that your purchase may be subject to additional terms and conditions. If applicable, you acknowledge that you have read and agree to the supplemental terms, which are incorporated herein by reference.
- Future Products and Services. If you choose to add a product or service to your order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
- Filing Fees. Except as otherwise noted, filing and recording fees may include all mandatory or applicable federal, state, county and local administrative fees, name reservation fees, initial reports, publication notices, capitalization fees, franchise tax fees, expedite fees, certified copy fees, walk-in fees, courier fees and other transactional fees incurred on your behalf by SoloSuit.
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Reviews.
- After your purchase, you may receive an email survey request from SoloSuit. You may also write a review of our Services. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on our website or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, your gender, city and/or state, and age range.
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You agree to the following legal disclaimer:
- SoloSuit is an online provider of legal “fill in the blank” forms and general legal information. SoloSuit is not a law firm and we do not provide legal advice or represent you in any way.
- By using this web app or our legal forms, you are not accessing attorney services or legal advice, unless you purchase the Premium Option which includes review of your completed form by an independently contracted attorney. SoloSuit's services, including our web app, our legal forms, and any information we provide, are not a substitute for the advice of an attorney.
- By using this web app or our legal forms, including through our “Premium” package, you are not establishing an attorney-client relationship with SoloSuit or any of its employees. Solosuit makes no guarantee or representation that information provided to SoloSuit is protected by attorney-client privilege or as work product.
- In accessing this web app, the user represents that it has provided accurate and truthful information in completing a form and the user assumes all responsibility to provide correct and up-to-date information. Inaccuracies in information provided by the user could affect the validity or enforceability of the documents generated by the web app. You will read any and all SoloSuit documents that you download and print prior to signing them. You take sole responsibility for the accuracy of your personal information contained in SoloSuit documents that you sign.
- Each person’s legal situation is different and complex situations may require legal advice and representation. It is not possible for the web app to identify all situations in which legal representation is recommended, necessary or desirable. We do not review your documents or any information you input for accuracy or legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.
- Each user has the obligation to make his or her own determination as to whether to seek the advice of a lawyer.
- Different states have different rules that may affect the enforceability or validity of answers, and each state’s laws may change over time. SoloSuit cannot ensure that the documents generated through use of the web app will be enforceable or valid in all states or in every instance. Each user assumes the responsibility to seek legal review of their documents. For SoloSuit services subject to the state of North Carolina, SoloSuit does not disclaim any warranties or liability and does not limit the recovery of damages or other remedies by the user.
- While we endeavor to keep the information on this Website up to date and accurate, we make no warranties or representations as to the currency or accuracy of any information on this Website, and you are expressly advised not to take any action, or make any decision, in reliance on any statement contained on this Website. We may not be held legally responsible for any errors or omissions in the content of this Website.
- Except for these Terms and Conditions, no statement on this Website constitutes a separate contract, a representation or warranty, an offer to enter into a contract, or an offer of employment, and no statement by us on this Website is (or shall be deemed to be) incorporated by implication, reference or otherwise into any contract, or any employment relationship, of ours. The only terms and conditions applicable to performance by us are the terms and conditions expressly stated in a separate written agreement executed by us.
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Cookies
- A cookie is a small data file that is placed on the hard drive of your computer when you visit a website. A “session cookie” expires immediately when you end your session (i.e., close your browser). A “persistent cookie” stores information on the hard drive so when you end your session and return to the same website at a later date, the cookie information is still available. A web beacon is a small string of code that represents a clear graphic image and is used in conjunction with a cookie.
- When you visit our Website, we may use both a session and a persistent cookie. This cookie may contain information (such as a unique user ID) that is used to track your usage of our Website and in some cases, your email address. A web beacon allows us to capture certain additional types of information about a visitor’s actions on a web site, such as a visitor’s cookie number, the time, date, duration and number of page views, a description of the page where the Web beacon is placed, and details about any items that were purchased.
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Third Party Services and Products
- Our Services may contain links to third party websites and materials and we may make recommendations or send you offers for certain third party services, products and materials that we think may be interesting to you based on information provided by you (e.g. we may recommend financial planning services for you based on your specific preferences).
- These links, recommendations and offers are provided as a convenience and we are not liable for any websites, products, services, materials or information made available by any third party. If you choose to purchase any third party products or services, you are solely responsible for your purchasing decisions and if you choose to visit any third party websites, you may be subject to additional or different terms and conditions and privacy policies.
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Account Information
- You may sync third party accounts with the Services in order to permit SoloSuit to retrieve your information that is maintained online by such third parties (“Account Information”). By using the Services, you authorize SoloSuit to access your Account Information, on your behalf as your agent, and you authorize such third parties to disclose your information to us. When you provide Account Information through the Services, you will be directly connected to the website for the third party you have identified. SoloSuit will submit information including usernames and passwords that you provide to log into the Services. You hereby authorize and permit SoloSuit to use information submitted by you to accomplish the foregoing and to configure the Services so that they are compatible with the third party sites for which you submit your information. Solely to provide the Account Information to you as part of the Services, you grant SoloSuit a limited power of attorney, and appoint SoloSuit as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You acknowledge and agree that when SoloSuit is accessing and retrieving Account Information from third party sites, SoloSuit is acting as your agent, and not as the agent of or on behalf of the third party that operates the third party site. You understand and agree that any third party accounts and sites are not provided by SoloSuit and SoloSuit is not responsible for any Services-related issues arising from or in connection with such third party accounts or your Account Information. You agree to keep your Account Information up-to-date and accurate.
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User Content
- By submitting your contact information, including your name, phone number, mobile phone number, and email address, as well as any other information about you, you understand that we or a related or unrelated company may contact you by email or phone call to discuss your inquiry and you consent to this contact or a related or unrelated company may us this information for its own purposes without asking for your consent. You also understand that you may receive SMS/text messages from us about your transaction and you consent to this contact. Message and data rates may apply. Message frequency will vary. You can opt-out of this service at any time by simply replying to our last message with “STOP”. For assistance, please call 800-xxx-xxxx.
- In order to use certain aspects of the Services, the Services may allow you to provide, create, post, store, submit, upload, and share (i) certain personal information about yourself, including your name, state of residency, financial information, and other details about yourself and your Contacts, (ii) Account Information, (iii) legal documents pertaining to your lawsuit or other lawsuits, and (iv) other information, material, content, profiles, documents, lists, messages, and photos. The content described in clauses (i), (ii), (iii), and (iv) of the previous sentence are collectively, "User Content". As between you and SoloSuit, you retain all rights in and to your User Content, subject to the license grant below.
- You grant SoloSuit and its affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name or username provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you, but solely as necessary for SoloSuit to provide the Services to you. When you post, upload, submit or otherwise share User Content on or through our Services, you understand that your User Content may be displayed publicly and shared, including with your Contacts and any other person or entity who you designate via the Services.
- You represent and warrant that you have the rights to provide us the User Content and that we have the rights to use such User Content as described in these Terms. You agree not to create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
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Prohibited Conduct and Content
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You agree not to violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. Without limiting the foregoing, you agree not to:
- engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- use or attempt to use another user’s account without authorization from that user and SoloSuit;
- use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- develop or use any third-party applications that interact with our Services without our prior written consent;
- use any data mining, robots or similar data gathering or extraction methods; or
- use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
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You agree that you will only post or otherwise share User Content that is non-confidential and that you have all necessary rights to disclose. You agree not to create, post, store or share any User Content that:
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- impersonates, or misrepresents your affiliation with, any person or entity;
- contains any unsolicited promotions, political campaigning, advertising or solicitations;
- contains any private or personal information of a third party without such third party’s consent;
- contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose SoloSuit or others to any harm or liability of any type.
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Abandoned Orders
- Your purchase allows you to create your own legal documents. You understand that, other than as required by applicable law, you shall have no right to cancel, request a cash refund or obtain store credit for any undelivered order after 120 days have elapsed from the purchase date unless SoloSuit is at fault. All itemization of fees are displayed for convenience only. Delivered orders shall be governed by the SoloSuit Satisfaction Guarantee. Both parties acknowledge that SoloSuit is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to SoloSuit for reimbursement of our commitment to service this order.
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SoloSuit Satisfaction Guarantee and consumer satisfaction process
- SoloSuit guarantees your satisfaction with our services and support. We strive to be the best litigation service on the web. If you are not satisfied with our services, please contact us immediately and we will correct the situation or provide a refund.
- If you’re not satisfied, email us at support@solosuit.com. All requests made under this guarantee must be made within 60 days of purchase. We will process your request within a reasonable time after we've received all of the relevant documents and materials. Unfortunately, we can't refund any money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order, such as payments made for the attorney review. We also can’t refund any money for orders that were completed properly.
- Please note that we cannot guarantee the results or outcome of your particular procedure or case. For instance, you may lose your case after your Answer is filed. SoloSuit is not responsible or liable for any money you may owe as the result of defeat in your case. Problems like these are beyond our control and are not covered by this guarantee.
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Limited License; Copyright and Trademark
- Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “SoloSuit Content”) are owned by or licensed to SoloSuit and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, SoloSuit and our licensors reserve all rights in and to our Services and the SoloSuit Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and SoloSuit Content for your own personal use; however, such license is subject to these Terms and your compliance with these Terms, and does not include any right to (i) sell, resell or commercially use or otherwise exploit our Services or SoloSuit Content; (ii) copy, reproduce, distribute, publicly perform or publicly display SoloSuit Content, except as expressly permitted by us or our licensors; (iii) modify the SoloSuit Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or SoloSuit Content; (iv) use any data mining, robots or similar data gathering or extraction methods; and (v) use our Services or SoloSuit Content other than for their intended purposes as described in these Terms. Any use of our Services or SoloSuit Content other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will automatically terminate the license granted in these Terms. Any other trademarks used on this Website are the property of their respective owners.
- This Website is copyrighted and the Content hereof must not be reproduced, distributed, modified or otherwise used contrary to copyright law. You may not copy, use, distribute, or modify any of the contents of the Website for public or commercial purposes without prior written consent from Us. However, we grant you permission to make one copy of the Content on any or all pages of this Website for personal use or reference, provided you retain all of Our copyright or other proprietary notices on all such copies, and further provided that this permission shall be automatically revoked upon your violation of any of these Terms and Conditions. We do not warrant that your use of materials displayed on this Website will be free from the infringement claims of third parties.
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Feedback
- Any questions, comments, suggestions, testimonials, ideas, original or creative materials or other information you submit about SoloSuit or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of SoloSuit. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
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Copyright Complaints
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We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify SoloSuit through the contact information provided below:
Mailing Address:
SoloSuit, Inc.
2261 Market Street #4379
San Francisco CA, 94114
E-Mail Address: support@solosuit.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to SoloSuit for certain costs and damages.
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Electronic Communication
- By creating a SoloSuit account, you consent to receive communications from SoloSuit (e.g., via telephone, email, and other electronic communications, or by posting notices to the website). These communications may include notices about your account (e.g., password changes and other transactional information), as well as communications provided as part of the Services or for marketing purposes, and are part of your relationship with us. You consent to being provided with any notices, disclosures, information, and other materials in electronic form (collectively "Electronic Records"), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act ("E-Sign"). Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that SoloSuit may be required to provide to you. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You further understand that checking a box, clicking “accept” (or similar word) on our website, or responding via telephone keypress constitutes your signature. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us at support@solosuit.com In order for you to access and retain Electronic Records sent by SoloSuit, you must have the following hardware and software: a computer capable of reading html and text files, a modem or other means of accessing the Internet, and a browser capable of accessing and displaying the SoloSuit website. To print the Electronic Records, you will also need a printer. You may withdraw your consent by contacting us at support@solosuit.com. However, the services provided by SoloSuit are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent may result in your account being closed.
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Indemnification
- To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless SoloSuit, each of our subsidiaries and affiliates, or our licensors and Partners and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “SoloSuit Parties”) from and against any loss, liability, claim, demand, damages, fines and any related expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with our Services; or (f) any violation by you of any federal, state, or local laws, statutes, rules, or regulations. You agree to promptly notify the SoloSuit Parties of any third party Claims, cooperate with the SoloSuit Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees, costs and expenses). You also agree that the SoloSuit Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SoloSuit or the other SoloSuit Parties.
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Disclaimers
- We do not control, endorse or take responsibility for any User Content, third-party content available on or linked to our Services or products or services offered by a third party that are advertised through the Services (including any Insurance Policies).
- Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, SoloSuit does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While SoloSuit attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. Additionally, you acknowledge that information you store or transfer through our Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Services.
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Limitation of Liability
- To the maximum extent permitted by applicable law, SoloSuit and the other SoloSuit Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if SoloSuit or the other SoloSuit Parties have been advised of the possibility of such damages. Additionally, neither We, our directors, our affiliates, nor any other party involved in creating, producing or delivering this Website will be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Website, regardless of the theory or basis upon which damages are claimed. The content and functionality of this Website is provided to you AS IS AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. Some states may not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.
- The total liability of SoloSuit and the other SoloSuit Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of the amount paid, if any, by you to access or use our Services, or, if you have not paid any amounts for the use of any Services, the amount of $100.
- The limitations set forth in this Section (i) will apply even if the remedies otherwise provided under these Terms, at law or in equity, fail of their essential purpose, and regardless of the form or cause of action or the alleged basis of the claim, and (ii) will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of SoloSuit or the other SoloSuit Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
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Release
- To the fullest extent permitted by applicable law, you release SoloSuit and the other SoloSuit Parties from all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under any statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
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Transfer and Processing Data
- By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
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Dispute Resolution; Binding Arbitration
- Please read the following section carefully because it requires you to arbitrate certain disputes and claims with SoloSuit and limits the manner in which you can seek relief from us.
- Except for small claims disputes in which you or SoloSuit seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or SoloSuit seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and SoloSuit waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Salt Lake City, Utah in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
- You and SoloSuit agree that any dispute arising out of or related to these Terms or our Services is personal to you and SoloSuit and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
- You and SoloSuit agree that these Terms affect interstate commerce and that the enforceability of this Binding Arbitration Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and SoloSuit agree that for any arbitration you initiate, you will pay the filing fee and SoloSuit will pay the remaining JAMS fees and costs. For any arbitration initiated by SoloSuit, SoloSuit will pay all JAMS fees and costs. You and SoloSuit agree that the state or federal courts of the State of Utah and the United States sitting in Salt Lake City, Utah have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
- Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and SoloSuit will not have the right to assert the claim.
- You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Binding Arbitration Section by emailing support@solosuit.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the Governing Law and Venue section.
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Governing Law and Venue
- These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Utah, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Utah and the United States, respectively, sitting in Salt Lake City, Utah.
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Changes to these Terms
- We may make changes to these Terms from time to time. If we make changes, we will provide you notice by posting the amended Terms to our Services and updating the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or by providing notice through our Services. Unless we say otherwise in our notice of changes, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
- Access to World Wide Web; Internet Delays. To use SoloSuit services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain SoloSuit services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You understand that SoloSuit is not responsible for delays, delivery failures, or other damage resulting from such problems.
- Right to refuse. You acknowledge that SoloSuit reserves the right to refuse service to anyone.
- You acknowledge that SoloSuit is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq.
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Termination
- We reserve the right, without notice, and in our sole discretion, to terminate your right to access or use our Services at any time, including the use of this Website, and to block or prevent future access to and use of this Website if you violate any of these Terms and Conditions. Upon such termination, your right to use this Website will immediately cease. You agree that any termination of your access to or use of this Website may be effected without prior notice, and that we may immediately deactivate or delete your password and username, if any, and all related information and files associated with it, if any, and/or bar any further access to any such information or files. Without limiting the foregoing, we may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
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Severability
- If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
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Export Compliance
- The Services are only intended for use by persons located in the United States. If you choose to access the Services from outside the United States, you do so at your own risk and you are responsible for compliance with all local laws. Additionally, all or part of our Services may be subject to U.S. export control and economic sanctions laws (“Export Controls”). You agree to abide by all Export Controls as they relate to your access and use of our Services.
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Miscellaneous
- These Terms and Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between You and Us with respect to this Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to this Website. No provision of these Terms and Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms and Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms and Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
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Exceptions for Services subject to North Carolina law
- For Services subject to North Carolina law, we do not disclaim any warranties or liability and do not limit the recovery of damages or other remedies by users, including any such disclaimers or limitations contained in §§ 2.2, 6.1.3, 6.2.3, 11.7, 23 (Disclaimers), 24 (Limitation of Liability), and 25 (Release).
- For Services subject to North Carolina law, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in North Carolina. No other section shall be read to conflict with this section.
- All provisions of these Terms that are not in conflict with this § 37 remain in full force and effect.
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No Warranty
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOLOSUIT, INC. AND ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOLOSUIT, INC. OR THROUGH THE WEBSITES WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF USE.
THE USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES AND ANY DATA, INFORMATION, COMMERCIAL CONTENT, THIRD-PARTY WEB SITES, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
NONE OF SOLOSUIT, INC. OR ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS WARRANT THAT ANY DATA, INFORMATION, COMMERCIAL CONTENT, THIRD-PARTY WEB SITES, PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE WEBSITES OR ANY THIRD PARTY WEB SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY OF THE FOREGOING, IF PRESENT, WILL BE CURED OR STOPPED. YOUR USE OF THE WEBSITES OR ANY THIRD PARTY WEB SITES IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH WEBSITES.
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Google Places terms
- Your use of Google Places API available on our Service is governed by the Google's Terms of Service. Google reserves the right to change their Terms of Use at any time, at their sole discretion.