Terms of Use and Sale

Last Revised:  August 22, 2018

Welcome, and thank you for your interest in SOLIUS and our website at solius.com or our related websites, networks, software applications, and hardware products, including the SOLIUS UVB light therapy devices (“SOLIUS Device”).

PLEASE READ THESE TERMS OF USE AND SALE CAREFULLY.  BY ACCESSING OR USING THIS WEBSITE OR SOLIUS DEVICE OR OTHERWISE ACCESSING OR USING THE SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AND ALL TERMS INCORPORATED BY REFERENCE (THESE “TERMS”) AND YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OR ARE NOT ELIGIBLE TO USE THE SERVICES, DO NOT USE THE SITES OR PURCHASE ANY SERVICES, AND YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES. YOUR PURCHASE OR USE OF THE SERVICES OR SITES CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN SOLIUS AND YOU TO BE BOUND BY THESE TERMS.

These Terms apply to your access to, and use of, all or any part of any SOLIUS Device, website or mobile application of SOLIUS, Inc. or its subsidiaries and affiliated companies (collectively, “SOLIUS”, “we”, “us”, or “our”), including Solius.ca and any other Canadian site, mobile application, SOLIUS Device user interface, or online service where these Terms are posted (collectively, the “Sites”).  When we refer to the “Services” in these Terms, we mean the Sites, the SOLIUS Device and all products and services we provide to you by means of the Sites or any SOLIUS Device.  These Terms do not alter in any way the terms or conditions of any other agreement you may have with SOLIUS for products, services or otherwise.  If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and SOLIUS for violations of these Terms.  These Terms contain disclaimers and other provisions that limit our liability to you. These Terms do not apply to websites and services (including SOLIUS websites, applications and services) that display or link to different terms of use or sale.

In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on the Sites, these Terms will govern.  However, if you navigate away from the Sites to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.

If you are under the age of 18 (or a minor in the jurisdiction in which you are accessing our websites) you may not use the Services, and you may only use our websites with the involvement of a parent or guardian.

While we make reasonable efforts to provide accurate and timely information about SOLIUS on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about SOLIUS.

SOLIUS reserves the right to change or modify these Terms or any policy or guideline of the Sites, at any time and in its sole discretion.  Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications.  Your continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and applicable policies to understand the terms and conditions that apply to your use of the Services.  If you do not agree to the amended terms, you must stop using the Services.

Eligibility, Registration and Account

The Sites are not targeted towards, nor intended for use by, anyone under the age of 18.  In order to participate in certain areas of our Sites, you will need to register for an account.  You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify SOLIUS if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

You represent, warrant and covenant to us, at the time you agree to these Terms and at all other times, that you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a “terrorist supporting” country and you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.

Privacy

Please read the Privacy Policy carefully to understand how SOLIUS collects, uses and discloses personally identifiable information from its users.

Site Disclaimer

The materials and information on the Sites may include technical inaccuracies or typographical errors. The materials, information and Services on the Sites are provided “as is” without any representations or warranties. Accordingly, to the maximum extent permitted by applicable law, SOLIUS disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Sites and the information, content and materials contained in the Sites.

Copyright and Limited License

Unless otherwise indicated, the Sites and all content and other materials in the Sites, including, without limitation, the SOLIUS logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of SOLIUS or its licensors or users and are protected by U.S., Canadian and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Sites and Site Materials for personal, informational and shopping purposes only. Such license is subject to these Terms and does not include:  (a) any resale or commercial use of the Sites or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained in the Sites or Site Materials, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or Site Materials other than as specifically authorized in these Terms, without the prior written permission of SOLIUS, is strictly prohibited and will terminate the license granted in these Terms.  Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated in these Terms, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

Trademark Information

SOLIUS and the SOLIUS logo are registered trademarks of SOLIUS. All other SOLIUS trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Sites are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of SOLIUS or its affiliates or licensors. In countries where any of the SOLIUS trademarks, service marks, domain names, logos, company names or indicia of origin are not registered, SOLIUS claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names and indicia of origin. Other product or company names referred to on the Sites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of SOLIUS or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin.

Restrictions on Use

You will at all times use the Services in accordance with these Terms and comply with all applicable laws, regulations and rules that may apply to your use of the Services.

You may not at any time:

  • Use the Services except for your own internal use. For example, you may not license, sublicense, distribute, sell, resell or assign the Services to others.
  • Use the Services for any unlawful or fraudulent purpose.
  • Use another user’s account, or allow others to access your account.
  • Use the Services with an incompatible or unauthorized device.
  • Reverse engineer the Services, modify or make derivative works based on the Services, or access the Services in order to design or build a competitive product or service, or a product or service that uses similar ideas, features, functions or graphics as the Service.
  • “Frame” or “mirror” the Services on any other server or wireless or Internet-based device.
  • Take any action that impairs the proper operation of the Services, or launch any automated program or script (such as web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms), or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.
  • Interfere with or disrupt the integrity or performance of the Services or the data contained in them.
  • Attempt to gain unauthorized access to the Services or any related systems or networks.
  • Send spam or otherwise duplicative or unsolicited messages.
  • Send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights.
  • Cause nuisance, annoyance or inconvenience to other users

The Sites may include interactive areas in which you or other registered users may create, post, send or store messages, links or other items or materials on the Sites (“User Content”).  By using the Sites, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Sites any of the following:

  1. Unless specifically requested by SOLIUS, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social insurance numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
  2. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.  By posting any User Content, you represent and warrant that you have the lawful right to distribute and produce such User Content;
  4. User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
  5. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
  6. User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, municipal, provincial, national or international law;
  7. Viruses, spyware, Trojan horses, Easter eggs or any other harmful, disruptive or destructive files; and
  8. User Content that, in the sole judgment of SOLIUS, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of SOLIUS, other users or third parties.

SOLIUS does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is SOLIUS liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  The interactive areas are generally designed as open and public community areas for connecting and sharing with other people.  When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly.  You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.

If you become aware of User Content that you believe violates these Terms, you may report it by clicking on the “Report Abuse” or “Flag” links that may be located below each piece of User Content.  Enforcement of these Terms, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms in other instances.  In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms.  Although SOLIUS has no obligation to screen, edit or monitor any of the User Content posted on the Sites, SOLIUS reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Sites at any time and for any reason without notice.  You are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.

If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.

License to User Content

You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to SOLIUS that you grant in these Terms.  SOLIUS claims no ownership or control over any User Content, except as otherwise provided in these Terms, on the Sites or in a separate agreement.  However, by submitting or posting User Content on the Sites, you grant SOLIUS and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content.  By posting User Content, you hereby release SOLIUS and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.

SOLIUS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Sites.  Such sites are not under the control of SOLIUS and SOLIUS is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.  SOLIUS and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by SOLIUS of any site or any information contained in such site.  When you visit other sites via links or embedded content, you should understand that these Terms no longer govern and that the terms and policies of those third-party sites will now apply.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.

SOLIUS may provide third party content on the Sites and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information.  We do not control, endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness.  You acknowledge and agree that SOLIUS is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content.  You agree to use such Third-Party Content contained on the Sites at your own risk.

Advertisements and Promotions; Third-Party Products and Services

SOLIUS may display advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services.  Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party.  SOLIUS is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-SOLIUS advertisers or third-party information on the Sites.

App Store Sourced Application

The following terms apply if you download a mobile application from the Apple App Store or access the Services using a mobile application on an iOS device or downloaded from the Apple App Store (an “App Store Sourced Application”):

  • You and SOLIUS acknowledge that these Terms are concluded between you and SOLIUS, and not with Apple, and Apple is not responsible for the App Store Sourced Application and the content thereof.
  • The license granted to you for the App Store Sourced Application is limited to a non-transferable license to use the App Store Sourced Application on any Apple mobile device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application, and SOLIUS shall be solely responsible for any maintenance and support services, to the extent they are required by applicable law.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (whether express or implied by law, to the extent not effectively disclaimed) will, as between Apple and SOLIUS, be SOLIUS’s sole responsibility.
  • You and SOLIUS acknowledge that, as between SOLIUS and Apple, SOLIUS, not Apple, is responsible for addressing any claims you or any third party may bring relating to the App Store Sourced Application or your possession and/or use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
  • You and SOLIUS acknowledge that, in the event of any third party claim that the App Store Sourced Application or the end-user’s possession and use of the App Store Sourced Application infringes that third party’s intellectual property rights, as between Apple and SOLIUS, SOLIUS, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • You and SOLIUS acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Terms of Sale and Purchasing of SOLIUS Services

SOLIUS reserves the right to determine pricing for the Services. SOLIUS will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. SOLIUS, at its sole discretion, may make promotional offers with different features and different pricing to any of SOLIUS’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. SOLIUS reserves the right to suspend Services until full payment is received.

In order for your offer to purchase Services to be eligible for SOLIUS’s acceptance, you must pay the amount for the Services elected by you as set forth on the relevant payment page.  Payment does not guarantee acceptance by SOLIUS. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All prices and fees are in Canadian Dollars, are subject to applicable taxes and are non-refundable except as expressly described in these Terms.

The Services may allow you to make payments using a variety of payment options, such as credit cards, PayPal, Stripe or other payment methods designated on the Sites. You authorize us to use third-party payment processors and mobile payment platforms (“Payment Processors”) to process payments or credits in connection with the Services.  The processing of payments or credits, as applicable, in connection with your use of the Services will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to these Terms.  We are not responsible for any errors made by the Payment Processors.  You acknowledge that the Payment Processors may charge fees in connection with the services they provide.

SOLIUS may accept Visa, Mastercard, American Express, Discover, JCB, Diners Club, credit and debit cards. Stripe also supports a range of additional payment methods, depending on the country of your Stripe account.

You authorize SOLIUS to charge all sums for the orders that you make and any level of Services you select as described in these Terms or published by SOLIUS, to the payment method specified in your account. If you pay any fees with a credit card, SOLIUS may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

SOLIUS allows you to request a refund for Services prior to use of the Services. Refunds may take up to 10 business days to process.

The Services may include automatically recurring payments for periodic charges (“Subscription Service”), for example, monthly delivery of Services. If you decide to activate a Subscription Service, you authorize SOLIUS to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Subscription Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). SOLIUS may increase the subscription fee for any subsequent subscription period if SOLIUS gives you advance notice of the increase before it applies. SOLIUS may decrease the subscription fee for any subsequent subscription period without notice. You may cancel a Subscription Service by contacting us at: [email protected]

SOLIUS may suspend or terminate access to the Services for any account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

Locations where the Services can be delivered via SOLIUS Devices may change and SOLIUS does not guarantee that any such locations will remain open.  Hours of operation may vary from location to location.

Limitation on Liability

To the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services remains with you. 

Neither SOLIUS, nor any other party involved in creating, producing, or delivering the Services, will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, property damage, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (a) these Terms, (b) the use of or inability to use the Services, or (c) any communications or interactions with other persons as a result of your use of the Services, in each case whether based on contract, tort (including negligence), product liability or any other legal theory, and whether or not SOLIUS has been informed of the possibility of such damage, even if a limited remedy set forth in these Terms is found to have failed of its essential purpose.

To the maximum extent permitted by law, in no event will SOLIUS’ aggregate liability for any claims under these Terms or relating to the Services exceed the amount of the service charges that SOLIUS collected in connection with your use of the Services.

SOLIUS recognizes that in some countries you may have legal rights as a consumer.  If you are using the Services for a personal purpose, then nothing in these Terms or any additional terms limits any consumer legal rights which may not be waived by contract.

The above limitations and restrictions are fundamental elements of the basis of the bargain between us and you.

Indemnification

You agree to defend, indemnify and hold harmless SOLIUS, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to (a) your access to or use or misuse of the Services; (b) any User Content you provide, including any allegations that such User Content infringes, misappropriates or otherwise violates the intellectual property or other rights of others; (c) your violation or breach of these Terms or any applicable law or regulation; (d) your violation of any rights of any third party; or (e) your conduct in connection with the Services.

Modifications to the Sites

SOLIUS reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice.  You agree that SOLIUS will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.

Jurisdiction and Compliance with Laws

Access to and use of the Sites and these Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Sites or these Terms shall be instituted only in a court located in Vancouver, British Columbia. You and SOLIUS agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Termination

Notwithstanding any of these Terms, SOLIUS reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites or Services and to block or prevent your future access to, and use of, the Sites or Services.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Contact Us

The Services are provided by SOLIUS, Inc., having an address at 100 Ravine Lane NE, Suite 310, Bainbridge Island WA, 98110, USA

Questions, complaints or claims should be directed to [email protected]