9/6/24
Solful is proud to offer the Solful Rewards Program (“Program”).
In the Program, Solful customers (or “Members”) earn Points for buying Solful products at Solful retail stores as well as for taking part in certain other activities.
There is no membership or other fee to join the Program.
The Program is available to customers who are 21 years or older. Customers 18 years and older with a valid medical card are also eligible to participate. Before joining and/or participating in the Program, you are strongly advised to carefully review these Solful Rewards Terms (“Terms”).
You may register for the Solful Rewards Program at www.solful.com/rewards (“Website”) or at Solful Stores.
At the Website:
At a Solful Store:
*Your online Solful Rewards account will show your Activity History, Solful Rewards Points earned, available Benefits and Solful Rewards Cash (“Rewards”). It is your sole responsibility to assure that your account information is current and otherwise accurate, updating such information, as necessary. It is also your sole responsibility to immediately inform us of any suspected unauthorized activity in your account. Please send an email to rewards@solful.com immediately if you suspect unauthorized activity related to your account. Any dispute as to ownership of the account will be resolved by Solful based on its determination of the authorized account holder of this email address.
Solful Rewards Points are earned for every dollar spent before taxes.
SOLFRIEND ($1 – $499.99 in net annual spend)
EARN POINTS GET REWARDS (SELECT ONE)
100 points Any product up to $10 for $.01, Any Solful Handpicked 1g flower, Any Solful Handpicked single pre-roll, Any Solful Health Trial Size (5ml), Solful Grinder
200 points $10 off, Any product up to $20 for $.01, Any Solful Handpicked 3.5g flower, Any Solful Handpicked 5pk pre-rolls, Any Solful Health 15ml, Solful Rolling Tray
300 points $15 off, Any product up to $30 for $.01, Any Solful Daily Green 7g flower, Any Solful Handpicked Reserve 3.5g flower, Any Solful Handpicked Reserve 5pk pre-rolls, Any Solful Health 30ml
400 points $20 off, Any product up to $40 for $.01, Any Solful Handpicked 7g flower, Any Solful 1g Handpicked Reserve Live Rosin
500 points $25 off, Any product up to $50 for $.01, Any Solful Handpicked Reserve 7g flower, Any Solful Daily Green 14g flower
SOLMATE ($500+ in net annual spend)
Once you spend $500 before taxes in a calendar year, you will automatically be upgraded to Solmate status for the remainder of that year and all of the following calendar year. As a Solmate, you will earn 2 points for every $1 spent before taxes after spending $500.
EARN POINTS GET REWARDS (SELECT ONE)
100 points Any product up to $10 for $.01, Any Solful Handpicked 1g flower, Any Solful Handpicked single pre-roll, Any Solful Health Trial Size (5ml), Solful Grinder
200 points $10 off, Any product up to $20 for $.01, Any Solful Handpicked 3.5g flower, Any Solful Handpicked 5pk pre-rolls, Any Solful Health 15ml, Solful Rolling Tray
300 points $15 off, Any product up to $30 for $.01, Any Solful Daily Green 7g flower, Any Solful Handpicked Reserve 3.5g flower, Any Solful Handpicked Reserve 5pk pre-rolls, Any Solful Health 30ml
400 points $20 off, Any product up to $40 for $.01, Any Solful Handpicked 7g flower, Any Solful 1g Handpicked Reserve Live Rosin
500 points $25 off, Any product up to $50 for $.01, Any Solful Handpicked Reserve 7g flower, Any Solful Daily Green 14g flower
Purchases of gift cards will NOT result in the receipt of Solful Rewards Points.
Please allow 1-10 days for Solful Rewards Points to appear in your online Solful Rewards account.
In calculating Solful Rewards Points earned, only the purchase price of products will be used. Taxes, shipping charges and other fees will not be counted.
If products are later returned for a refund (full or partial), any Solful Rewards Points previously earned will be deducted from the Member’s online Solful Rewards account accordingly. Please allow 1-10 days for this adjustment to be reflected in your online Solful Rewards account.
If a product is later exchanged for another product, any Solful Rewards Points previously earned will be adjusted to reflect the Solful Rewards Points that would have been earned if the product received via exchange was originally purchased and the Member’s account will reflect this adjustment accordingly. Please allow 1-10 days for this adjustment to be reflected in your online Solful Rewards account.
Solful Rewards Points earned via dollars spent and other activities are valid for one (1) year from date of issuance.
Rewards are redeemable for the purchase of products from Solful Stores. Each one hundred (100) Solful Rewards Points earned can be converted to a Reward with a value of five dollars ($5). A maximum of twenty-five dollars ($25) in Rewards can be used per transaction.
Rewards will be in the corresponding currency of Member. For United States residents, the Reward will be in U.S. Dollars.
Rewards are NOT gift cards.
Each increment of one hundred (100) Solful Rewards Points can be converted into a Reward given the necessary action is taken on the part of Member to convert Solful Rewards Points into Rewards.
Upon conversion into a Reward, increment(s) of one hundred (100) Solful Rewards Points will be deducted from the Member’s account.
Restrictions on Rewards:
Member may use a maximum of one (1) Rewards per transaction.
To use Rewards in person at a Solful Store, Member must provide to store personnel proof of Member’s Solful Rewards Program membership and the applicable Reward that is sufficient to validate the Reward (and the store personnel shall determine what constitutes sufficient proof of membership / the Reward in their reasonable discretion). Acceptable forms of proof may include Reward Email from Solful, Digital Wallet, Solful Rewards mobile app, Member being logged into their Solful Rewards Program dashboard.
In all cases, if proof of Reward issuance provided by Member is deemed by Solful to be inadequate/defective (or if Member fails to provide any proof whatsoever), Member will be required to pay for the transaction in full, as if Member did not intend to redeem Rewards and the value of the Reward will be considered forfeited by Member in connection with that transaction. Further, actions by Member in conjunction with attempted redemption of Reward(s) may also constitute fraud.
Solful Rewards Points will NOT be rounded up by Solful when converting to Rewards.
If Solful Rewards Points are not converted by Member into a Reward within one (1) year of date of transaction/activity in which they were earned (i.e., balance of less than one hundred [100] Solful Rewards Points in account for one [1] year), such Solful Rewards Points will expire WITHOUT ANY WARNING OR NOTICE FROM SOLFUL, except as indicated below.
Solful may notify Member of issuance of Rewards by email, text message or otherwise. Value of Rewards included in any such notification represents the value of Rewards at the time that Solful published the notification, which may or may not reflect the actual, current value of Rewards available to Member, as Solful may have adjusted a Member’s balance of Solful Rewards Points subsequent to the publication of the notification. Any such notification regarding the issuance of Rewards is provided by Solful purely as a courtesy to Member and should not be relied upon by Member in seeking to redeem Rewards. Before taking any such action, Members are advised to carefully review their Solful Rewards Program account to determine the actual, current value of Rewards available.
Entire value of Reward must be used in a single transaction.
Rewards expire eleven (12) months from the date of issuance WITHOUT ANY NOTICE OR WARNING FROM SOLFUL, except as indicated below. Any unused Rewards may be used by Member prior to such expiration date.
Additional terms and conditions apply to use of Rewards (as indicated on -mail notice including Reward). Without limitation, a Reward:
In addition to Rewards, Members receive the following exclusive benefits (“Benefits”):
Simply joining Solful Rewards makes you our Solfriend, and may confer the following benefits:
Spend $500+ in one calendar year to achieve Solmate status, which may include all the benefits of a Solfriend, plus may also include:
Solful reserves the right to change the Program (and these Terms, as applicable) at any time in its sole discretion. Such changes may include, by way of example only, the following:
In addition to the foregoing, Solful reserves the right to cancel the Program altogether at any time without notice. In such event, Solful Rewards Points in the Member’s online Solful Rewards account as of the date of cancellation will be automatically converted to Rewards with Reward(s) being made available to the Member in their online Solful Rewards account.
Solful will try to provide reasonable notice via the Website and posting at Solful Stores (and/or via email notification to each Member, in Solful’s sole discretion) in advance of such changes (or Program cancellation, as the case may be) taking effect. Such notice will explain the change (or Program cancellation, as the case may be) and when it takes effect. To the extent that such change affects these Terms (as well as Program cancellation), these Terms will be modified accordingly with the change and its effective date being highlighted herein. However, due to an event beyond the reasonable control of Solful (that is, a force majeure event, such as a riot, civil commotion, governmental action, natural disaster, pandemic/epidemic, materials shortage, act of fraud), Solful reserves the right to have such changes take effect immediately, without liability of any kind under any legal theory.
Your continued Membership in the Program constitutes your agreement to such changes to the Program (or the cancellation of the Program, as the case may be). You are strongly advised to review these Terms from time to time to make sure that you are fully aware of the current conditions governing operation of the Program.
Your participation in the Promotion is subject to Solful’s Privacy Policy, which may be found at https://solful.com/privacy-policy/. Before joining/participating in the Program, you are strongly encouraged to review Solful’s Privacy Policy so that you understand how Solful will collect, use and share your personal information in conjunction with offering the Program.
The conditions of Solful’s Privacy Policy are made a part of these Terms and incorporated herein by reference. In the event of any inconsistency between these Terms and Solful’s Privacy Policy, Solful’s Privacy Policy will prevail, govern and control.
In joining the Program, you agree to receive email and/or text messages from Solful from time to time relating to your participation in the Program; for example, notices of Program modifications. You will receive emails relating to your participation in the Program from Solful unless you decide to cancel your Membership. (In the U.S., such messages are commonly referred as “transactional emails.”)
Solful may also send you promotional text messages and/or emails with updates, offers and other information regarding Solful (but NOT the Program.) You may unsubscribe from receipt of promotional emails without affecting your participation in the Program.
(Solful will try to distinguish email messages relating to your participation in the Program [in the U.S., transactional emails] from promotional emails; if you’re in doubt as to the type of email you have received, send an email to rewards@solful.com).
Any conduct determined by Solful, in its sole discretion, to be in violation of these Terms will result in Solful withholding Solful Rewards Points, Rewards and/or other Benefits available under this Program.
If such conduct is repeated, blatant or egregious (again as determined by Solful in its sole discretion), such individual’s Membership will be terminated (with all Solful Rewards Points, unused and/or unissued Rewards and Benefits being forfeited without liability to Solful). By way of example only, the following actions constitute violative conduct:
Withholding of Solful Rewards Points, Rewards and/or Benefits and termination of an individual’s Membership shall not represent the exclusive remedies available to Solful; and, as such, Solful may seek civil and/or criminal prosecution of individuals believed to be engaged in such violative conduct.
Solful expressly disclaims any responsibility to notify or warn a Member that he/she/they has engaged in violative conduct prior to pursuing any of the above remedies.
To cancel your Membership, send an email to rewards@solful.com.
Cancellation of Membership will result in forfeiture of Solful Rewards Points and unused and/or unissued Rewards and Benefits without liability of any kind to Solful under any legal theory.
Points
Award of Solful Rewards Points is subject to Solful’s determination in its sole discretion that the Member has made the corresponding product purchase or engaged in the corresponding activity in accordance with all applicable restrictions. Should Solful determine in its sole discretion that the Member has not done so, Solful may reduce the number of Solful Rewards Points (or withhold Solful Rewards Points altogether) from such Member.
Solful Rewards Points are intended solely to track a Member’s participation in the Program. Members do not have any property or ownership rights in Solful Rewards Points.
Solful Rewards Points cannot be redeemed for cash and cannot be transferred to another Member. Any attempt to sell (by auction or otherwise), trade or exchange Solful Rewards Points is void and in no way binding upon Solful as well as constituting prohibited conduct.
Solful reserves the right to review Program activity (including Solful Rewards Points earned) in your online Solful Rewards account and make adjustments to correct errors without prior notice to you or liability of any kind. You will be notified via email (or message posted to your online Solful Rewards account) if Solful has taken any such action. Such notice will briefly explain the change(s) made to your online Solful Rewards account.
Release of Rights
To the fullest extent permitted by law, in becoming a Member and/or participating in the Program, you release and agree to hold harmless Solful, affiliates and divisions of Solful; and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations from any and all claims, damages, losses, liabilities, and other expenses (including attorneys’ fees) arising from or in any way related to participation in the Program under any legal theory.
No Representation or Warranty by Solful
Solful makes no representation, guarantee, or warranty of any kind regarding the Program, including the warranty or merchantability or the warranty of fitness for the intended purpose. The preceding excludes those warranties to which Solful is subject pursuant to applicable law.
Miscellaneous
The Program is void where prohibited by law.
The failure of Solful to enforce any condition of these Terms in any circumstance shall not constitute the waiver of such condition. Solful shall not be bound by any interpretation of any similar condition of legacy programs (including the Treez Rewards Program) in the application of these Terms.
Dispute Resolution/Choice of Law
To the fullest extent permitted by law, in becoming a Member and participating in the Program, you agree that:
**Should a court of competent jurisdiction determine that the applicable laws of your state/province of residence provide that any such dispute will be resolved by the laws of your state/province of residence and/or that only a court in your state/province of residence may entertain such dispute, then such applicable law and/or such court having venue shall supersede these Terms only with respect to you personally and without any precedential effect.
***SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (AS WELL AS THE PROHIBITION ON BRINGING AN ACTION AS PART OF A CLASS), SO THE ABOVE MAY NOT APPLY TO YOU.
If the preceding or any other provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be replaced by a substitute provision that most closely approximates the original intent of Solful and is valid, legal and enforceable. Such determination of the invalidity / illegality / unenforceability of a given provision shall not affect the remainder of these Terms.
14. EULA (Apple and Google Play Apps)
End-User License Agreement (“Agreement”)
Last updated: May 17, 2023
Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using AIQ.
Interpretation and Definitions
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Interpretation
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The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
———–
For the purposes of this End-User License Agreement:
* Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
* Application means the software program provided by the Company downloaded by You through an Application Store’s account to a Device, named Alpine IQ
* Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play store) by which the Application has been downloaded to your Device.
* Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Gravenstein 116 LLC (dba Solful), 785 Gravenstein Hwy S., Sebastopol, CA 95472
* Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
* Country refers to: California, United States
* Device means any device that can access the Application such as a computer, a cell phone or a digital tablet.
* Family Sharing / Family Group permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others’ eligible Applications to their associated Devices.
* Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
* You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
Acknowledgment
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By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application.
Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
License
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Scope of License
—————-
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
License Restrictions
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You agree not to, and You will not permit others to:
* License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
* Copy or use the Application for any purpose other than as permitted under the above section ‘License’.
* Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
* Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
Content
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Content Restrictions
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The Company is not responsible for the entries, information or content of the Application’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.
Examples of such objectionable Content include, but are not limited to, the following:
* Unlawful or promoting unlawful activity.
* Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
* Spam, machine generated content or randomly generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
* Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
* Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
* Impersonating any person or entity including the Company and its employeescor representatives.
* Violating the privacy of any third person.
* False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Agreement, refuse or remove any Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Application if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Application, you agree to use the Application at your own risk. You understand that by using the Application You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Intellectual Property
=====================
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.
Your Suggestions
================
Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.
Modifications to the Application
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The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
Updates to the Application
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The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Maintenance and Support
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The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.
Third-Party Services
====================
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.
Privacy Policy
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The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy. By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.
Term and Termination
====================
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
Indemnification
===============
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
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The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.
Limitation of Liability
=======================
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if You haven’t purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
Severability and Waiver
=======================
Severability
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If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
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Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims
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The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.
United States Legal Compliance
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You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Changes to this Agreement
=========================
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
Governing Law
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The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Entire Agreement
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The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.
Contact Us
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If you have any questions about this Agreement, You can contact us:
* By email: rewards@solful.com