Terms OF SERVICE
Solé Bicycles Terms of Service
Last Updated: June 10, 2021
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SMFB, LLC (“AGREEMENT”) AND GOVERN YOUR USE OF OUR WEBSITE.
1. Eligibility and Acceptance of this Agreement.
1.1 About Us.Welcome to Solè Bicycles! (“Solè,” “we,” “us,” “our”). We are an innovative bicycle company operating out California. The Solè Bicycles website (the “Site”) is owned and operated by SMFB, LLC.
1.1 About Us.You may not access and use the Site and you may not accept these Terms if you are not legally authorized to accept and be bound by these Terms or are not at least 13 years of age and, in any event, of a legal age to form a binding contract with Solè—if you are under the legal age of competence to form a binding agreement you must have your parent or guardian’s permission to use our Service. If you are an individual accepting these terms on behalf of an organization, you represent that you have the legal authority to enter into this agreement on that organization's behalf. If an organization is specified, or you use an email address provided by an organization you are affiliated with (such as an employer) in connection with your Account, that organization will be treated as the owner of the Account for purposes of this Agreement.
1.3 1.3 Acceptance of this Agreement. You may not access and use the Site and you may not accept these Terms if you are not legally authorized to accept and be bound by these Terms or are not at least 13 years of age and, in any event, of a legal age to form a binding contract with Solè—if you are under the legal age of competence to form a binding agreement you must have your parent or guardian’s permission to use our Service. If you are an individual accepting these terms on behalf of an organization, you represent that you have the legal authority to enter into this agreement on that organization's behalf. If an organization is specified, or you use an email address provided by an organization you are affiliated with (such as an employer) in connection with your Account, that organization will be treated as the owner of the Account for purposes of this Agreement.
1.4 Modification of our Terms. We may modify the terms and conditions of this Agreement from time to time and when we do so we will provide reasonable advance notice of any material modifications and the opportunity to review them. However, modifications made for legal reasons may be effective immediately without notice. If you do not agree to the modified terms, you should discontinue your use of the Site.
2. Access and Use of the Site.
1.1 Use Of Our ServicesOur Site, and any content viewed through it, is solely for your personal and non-commercial use. We grant you a limited, non-exclusive, non-transferable, license to access the Site. No other right, title or interest shall be transferred to you. We may revoke your license at any time in our sole discretion.
2.2 Modification of the Site. We reserve the right to modify, terminate and suspend all or any part of the Site at any time and for any or no reason in its sole and absolute discretion. These types of changes may affect all or some users. We will attempt to provide reasonable notice, whenever reasonably possible, when we discontinue or materially alter the Site in a manner that will have an adverse impact on the use of the Site. Nevertheless, you understand and agree that changes to the Site, with or without notice to you, may be made when we, in our sole discretion, decide such changes are necessary to ensure the safety, reliability, and security of the Site and our users, and to comply with legal obligations.
2.3 TerminationYou agree that Solè, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site and remove and discard any content within the Site, for any or no reason, including, without limitation, for lack of use or if Solè believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that Solè will not be liable to you or any third party for any termination of your access to the Site. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Site, may be referred to appropriate law enforcement authorities.
3. User Obligations and Conditions of Use.
3.1 Account RegistrationIn order to access restricted portions of the Site, you are required to create an account (your “Account”). Solè reserves the right to refuse or reject any request to create an Account for you for any or no reason at Solè’s sole discretion. The information you provide in registering your Account must be accurate, current, and complete.
3.2 Access Credentials and Security. If you have a password for access to non-public areas of the Site, you are responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. Solè shall not be under any duty to inquire as to the authority or propriety of any instructions given to Solè by you or via your password and shall be entitled to act upon any such instructions and Solè will not be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your password. As an authorized user you accept full responsibility for the monitoring of your Account including frequently checking your Account information, reviewing your transaction history online and promptly reviewing any correspondence, statements and other information received from Solè. You must notify Solè immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with Solè in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.
3.3 Prohibited Uses. You agree that (i) you will only use the Site for lawful purposes; (ii) you will not violate this Agreement or any of Solè’s or its licensors’ rights or use the Site to violate the rights of any third party such as copyright or trademark rights; (iii) you will use your true legal name and true electronic mail address, and only provide accurate and complete information on the Site; (iv) you will not otherwise reproduce, modify, distribute, display or provide access to the Site or its content; (v) you will not remove or modify any copyright or other intellectual property notices that appear on the Site; (vi) you will not attempt to gain unauthorized access to any parts of the Site or any user accounts, or any of our computer systems or networks; (vii) you will not impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person’s user name, password or other account information or another person’s name, likeness, image or photograph; (viii) you will not access the Site through automated queries (such as by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from the Site) without Solè’s prior express written permission; and (ix) you will not assist, encourage or enable others to do any of the preceding prohibited activities.
All purchases through the Site are subject to product availability. In our sole discretion, we may limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.
5. Intellectual Property Rights
5.1 Proprietary Rights. You acknowledge and agree that the Site may contain content or features, including visual interfaces, interactive features, graphics, designs, databases and their data, computer code, products, software and all other elements and components of this Services (“Solè Content”), that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Solè alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to Solè Content. Solè does not convey to you any rights of ownership in or related to the Solè Content, or any intellectual property rights owned by Solè or its licensors. Solè’s names, logos, and the product names associated with the Site are trademarks of Solè or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site. The availability of Solè Content on or through the Site is subject to our sole discretion.
5.2 Restrictions.You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the Solè Content in whole or in part, except as expressly authorized by the applicable rights holder. Except as expressly and unambiguously provided by this Agreement, neither Solè nor any of its licensors grant you any express or implied rights, and all rights in and to the Site and Solè Content are retained by their holders. You agree not to use the Site for public performances.
6. Third-Party Websites, Applications and Advertisements.
The Site may contain links to third-party websites, applications, and advertisements (“Third-Party Properties”). When you click on a link to a Third-Party Property, we will not warn you that you have left our website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Third-Party Properties are not controlled by Solè, and we are not responsible for any of them. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Properties. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Properties, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. You use all links at your own risk.
7. Communications with Solè.
Certain features of the Site may provide you the opportunity to send and receive electronically communications from Solè, our service providers, or third parties providing services to Solè including via email, text message, calls, and push notifications to the cellular telephone number you provided to Solè. If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email email@example.com (Wunderkind is our text messaging service provider). In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Notice to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Notice. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.
8. Disclaimer of Warranties.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ITS FUNCTIONALITY IS PROVIDED “AS IS,” AND “AS AVAILABLE”. EXCEPT AS OTHERWISE STATED HEREIN, SOLÈ: (i) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (ii) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (iii) DOES NOT WARRANT THAT THE SITE ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF SERVICES. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF SOLÈ TO ANY THIRD PARTY. SOLÈ MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE.
9. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOLÈ WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
Use of the Site is also subject to our Privacy Notice, a link to which can be found by selecting “Privacy” in the footer of Solè’s website. The Privacy Notice is incorporated into this Agreement by this reference. Additionally, you understand and agree that Solè may contact you via e-mail or otherwise with information relevant to your use of the Site, regardless of whether you have opted out of receiving marketing communications or notices.
If Solè has reason to suspect that you have breached this Agreement, or that any of Your Information is not authorized, correct, current and complete, we may, in addition to taking or reserving any other remedies against you, terminate your Account. In addition, at its sole discretion, Solè may modify or discontinue the Site, or may modify, suspend or terminate your access to the Site, for any reason, with or without notice to you and without liability to you or any third party. Any suspension, termination or cancellation of your access or Account shall not affect provisions of this Agreement, such as indemnification and limitations of liability, that are by their nature intended to survive such suspension, termination or cancellation. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
This Agreement is governed by the laws of the State of California, without giving effect to any principles that provide for the application of the law of any other jurisdiction. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Solè without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Where Solè requires that you provide an e-mail address, you are responsible for providing Solè with your most current e-mail address. In the event that the last e-mail address you provided to Solè is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Solè’s transmission of the e-mail containing such notice will nonetheless constitute effective notice.
If you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org or by mail using the details provided below:
1330 Main St., Venice, CA, 90291, United States