BY CLICKING “I ACCEPT,”  [BB2] OR OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, INCLUDING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SERVICES IF YOU ARE AN INDIVIDUAL THAT IS NOT AT LEAST 18 YEARS OLD  [BB4] OR IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT.
PLEASE BE AWARE THAT SECTION 12 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING ARBITRATION. UNLESS YOU OPT OUT: (i) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF WASHINGTON, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
1. The Services
- 1.1 About. Solo's goal is to try to make the gig economy market more efficient for the worker by collecting and using information provided or made available by a user from Third Party Platforms to provide insights on the profitability of the Third Party Platforms and help users optimize their use of Third Party Platforms.
- 1.2 Access and Use. Subject to this Agreement, Solo grants you a limited, non-exclusive, revocable, limited, nontransferable, non-assignable, non-sublicensable, and “as is” right to access and use the Services solely for your own personal or internal business use, subject to any use limitations.
- 1.3 Application License. Subject to your compliance with the Agreement, Solo grants you a limited non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, and “as is” license to download, install and use a copy of Applications on a single mobile device and to run such copy of the Applications solely for your own personal or internal business purposes in connection with accessing and using the Services.
- 1.4 Restrictions. You acknowledge and agree that you will not: (i) decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code, structure, ideas, algorithms, or associated know-how of, the Services, or reconstruct, or discover, any hidden or non-public elements of the Services, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (ii) translate, adapt, or modify the Services or any portion thereof or write or develop any program based upon the Services or any portion thereof; (iii) export, sell or distribute any content or portion of the Services; (iv) transmit unlawful, infringing, or harmful data or code or any other data or code that you are not authorized to transmit, either to or from the Services; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services); (vi) alter or remove any trademarks or proprietary notices contained in or on the Services; (vii) engage in framing, mirroring, or otherwise simulating the appearance or function of the Services; (vii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks or engage in, or attempt to engage in any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services(except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); or (viii) use the Services except as expressly permitted under the Agreement.
- 1.5 Modification. We may modify, update, suspend, or discontinue the Services (in whole or in part) at any time with or without notice to you. You agree that Solo is not be liable to you or to any third party for any modification, update, suspension, or discontinuation of the Services. You may need to update third party software from time to time in order to use the Services.
- 1.6 Third Party Materials. As a part of the Services, you may have access to materials that are hosted by another party, as made available by another user. You agree that it is impossible for Solo to monitor such materials and that you access these materials at your own risk.
- 2.1 About. In order to access certain features of the Services you may be required to register an account on the Services (“Account”). The Services may allow you to register an Account via a valid account on the social networking service (“SNS”) through which the you have connected to the Services (each such account, a “SNS Account”). You promise that: (i) all required registration information you submit in connection with your registration is truthful and accurate; and (ii) you will maintain the accuracy of such information.
- 2.2 Access and Use. You are responsible for all activities that occur under your Account. You agree to immediately notify Solo of any unauthorized use or suspected unauthorized use, of your Account or any other breach of security. Solo will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not share your Account or password with anyone. Solo reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by Solo.
3. Third Party Platforms
- 3.2 Access. By linking your Account with SNS Accounts or your account on a Third Party Platform (each a “Third Party Account”) you are allowing Solo or Argyle, as applicable, to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Solo, or Argyle, as applicable, and/or grant Solo, or Argyle, as applicable, access to your Third Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Solo to pay any fees imposed by the applicable SNS or Third Party Platform.
4. IP Rights
- 4.1 Ownership. You acknowledge that we or our suppliers own all right, title, and interest, including all intellectual property rights, in and to the Services. Except for the limited access rights expressly set forth herein, you are not granted any rights with respect to the Services and there are no implied licenses granted by Solo under this Agreement.
- 4.2 Feedback. You acknowledge that we or our suppliers own all right, title, and interest, including all intellectual property rights, in and to the Services. Except for the limited access rights expressly set forth herein, you are not granted any rights with respect to the Services and there are no implied licenses granted by Solo under this Agreement.
- 5.1 Your Content. You acknowledge that we or our suppliers own all right, title, and interest, including all intellectual property rights, in and to the Services. Except for the limited access rights expressly set forth herein, you are not granted any rights with respect to the Services and there are no implied licenses granted by Solo under this Agreement.
- 5.2 Misuse of Content. You acknowledge that we or our suppliers own all right, title, and interest, including all intellectual property rights, in and to the Services. Except for the limited access rights expressly set forth herein, you are not granted any rights with respect to the Services and there are no implied licenses granted by Solo under this Agreement.
- 5.3 Investigations. Solo may, but is not obligated to, monitor or review the use of the Services and Content at any time. Without limiting the foregoing, Solo shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason). If Solo becomes aware of any possible violations by you of any provision of the Agreement, Solo may investigate such violations, and, at its sole discretion, immediately terminate your license to use of the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
- 5.4 No Obligation to Pre-Screen Content. Solo may, but is not obligated to pre-screen, refuse or remove any Content for any reason, including if Content violates the Agreement or is otherwise objectionable. Solo has no responsibility or liability for the deletion or accuracy of any Content. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. Unless expressly agreed to by Solo in writing elsewhere, Solo has no obligation to store any of Your Content.
- 5.5 Representations and Warranties. You represent and warrant that you have all necessary right, title, interest, authorizations, and permissions to: (i) Make Available all of Your Content; (ii) grant the rights, licenses, and permissions granted hereunder with respect to any data, content, information, or feedback, including Your Content; and (iii) access and permit Solo to access on your behalf any Third Party Platforms.
- 6.1 Copyright Policy. Solo respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- 1) your physical or electronic signature;
- 2) identification of the copyrighted work(s) that you claim to have been infringed;
- 3) identification of the material on our services that you claim is infringing and that you request us to remove;
- 4) sufficient information to permit us to locate such material;
- 5) your address, telephone number, and e-mail address;
- 6) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- 7) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
- Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.The designated Copyright Agent for Solo is:
- Designated Agent: Bryce Bennett
- Address of Agent: 1525 11th Ave, Ste 05-106, Seattle, WA 98122
- Email: firstname.lastname@example.org
- 7.1 Indemnification. You agree to indemnify and hold Solo (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any loss, claim, or demand arising out of: (i) your use of the Services; (ii) your violation of this Agreement; (iii) your violation of applicable laws or regulations; (iv) Solo's use in accordance with this Agreement of any data, content, information, or feedback that you Make Available to the Services; or (v) your violation, or Your Content’s violation, of any rights of another party, including any users. We may assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter for which you may have an indemnification obligation hereunder without the prior written consent of Solo. Solo will use reasonable efforts to notify you of any claim, action, or proceeding for which you may have an indemnification obligation hereunder upon becoming aware of it. This provision does not require you to indemnify Solo (or its officers, employees, or agents) for Solo's (or its officers’, employees’ or agents’) fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or Services provided hereunder. You agree that the provisions in this Section will survive any termination of your Account, the Agreement and/or your access to the Services.
8. Interactions with Third Parties
- 8.1 Third Party Links. The Services may contain links to or allow you to connect to third party websites and services, including Third Party Platforms (“Third Party Links”). Such Third Party Links are not under the control of Solo, and Solo is not responsible for any Third Party Links. Solo provides access to these Third Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Links. You use all Third Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third Party Links, and the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Links.
- 8.2 Interactions with other Users. You are solely responsible for your interactions with other users and any other parties with whom you interact. You agree that Solo will not be responsible for any liability incurred as the result of such interactions. You may be provided access to Content of other users on or through the Services. Solo is not responsible for and does not control such Content. Solo has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to such Content.
- 8.3 App Stores. You acknowledge and agree that the availability of the Applications is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that this Agreement is between you and Solo and not with the App Store. Solo, not the App Store, is solely responsible for Solo, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Service, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of the Agreement and will have the right to enforce it.
- 9.2 Disclaimer of Liability for Your Choices and Third Party Actions. YOU ACKNOWLEDGE AND AGREE THAT (i) ALL DECISIONS YOU MAKE REGARDING WHICH THIRD PARTY PLATFORMS TO USE AND WHEN ARE ENTIRELY YOUR OWN; (ii) ALL INFORMATION PROVIDED ON THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND SOLO MAKES NO PROMISES OR WARRANTIES ABOUT THE ACCURACY OR EFFECTIVENESS OF SUCH INFORMATION, THE AMOUNT OF MONEY YOU CAN OR WILL MAKE BY USING ANY THIRD PARTY PLATFORMS, OR ANY OUTCOMES RESULTING FROM DECISIONS YOU MAKE BASED ON SUCH INFORMATION; AND (iii) SOLO IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SOLO LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF ANY SNS, THIRD PARTY PLATFORM, ANY EXTERNAL SITES, OR OTHER USERS AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
10. Limitation on Liability
- 10.1 Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOLO (OR SOLO'S SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF SOLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR COMPUTER SYSTEMS, OR LOSS OF DATA RESULTING THEREFROM. UNDER NO CIRCUMSTANCES WILL SOLO PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (i) $1,000 USD AND (ii) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF SOLO OR (a) DEATH OR PERSONAL INJURY CAUSED BY A SOLO PARTY’S NEGLIGENCE; OR FOR (b) ANY INJURY CAUSED BY SOLO'S FRAUD OR FRAUDULENT MISREPRESENTATION.THE LIMITATIONS OF DAMAGES SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOLO AND YOU.
11. Term and Termination
- 11.1 Term. You and we agree that the Agreement commenced on the earlier to occur of (i) the date you first used the Services or (ii) the date you accepted the Agreement and will remain in full force and effect while you use the Services, unless earlier terminated in accordance with the Agreement.
- 11.2 Termination of Services by Solo. We may terminate this Agreement at any time for any reason, including if you have materially breached any provision of the Agreement, or if Solo is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful). Solo may immediately and without notice, suspend or terminate any Services provided to you.
- 11.3 Termination of Services by You. If you want to terminate this Agreement, you may do so by (i) notifying Solo at any time; and (ii) closing your Account. Your notice should be sent, in writing, to Solo's address set forth below.
- 11.4 Effect of Termination. Termination of this Agreement includes removal of access and all related information, files, associated with or inside your Account (or any part thereof), and Your Content. Solo will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
12. Dispute Resolution
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Solo and limits the manner in which you can seek relief from us.
- 12.1 Applicability of Arbitration Agreement. You agree that any dispute, claim or request for relief relating in any way to your access or use of the Services, or to any aspect of your relationship with Solo, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims or seek relief in small claims court if your claims qualify; and (ii) you or Solo may seek equitable relief in court for infringement or other misuse of intellectual property rights. This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
- 12.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent: Bryce Bennett, 1525 11th Ave, Ste 05-106, Seattle, WA 98122. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/ all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Solo will pay them for you. In addition, Solo will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- 12.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Solo. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- 12.4 Waiver of Jury Trial. YOU AND SOLO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Solo are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 12.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- 12.5 Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Washington. All other disputes, claims, or requests for relief shall be arbitrated.
- 12.6 30 Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to email@example.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any) on the Services, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- 12.7 Severability. Except as provided in subsection 12.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- 12.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Solo.
- 12.9 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Solo makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Solo at the following address: Solo, 1525 11th Ave, Ste 05-106, Seattle, WA 98122
- 13.1 Changes. This Agreement is subject to occasional revision, and we reserve the right to charge fees for accessing and using the Services. If we make any substantial changes, we may require you to accept the changes, notify you by sending you an e-mail, as explained in Section 13.6, and/or by prominently posting notice of the changes on the Services. Any changes to this Agreement will be effective upon the earliest of when you provide your acceptance of the changes, thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable), and thirty (30) calendar days following our posting of notice of the changes on the Services. The changes will be effective immediately for new users of the Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement and acceptance of such changes and agreement to be bound by the terms and conditions of such changes.
- 13.2 Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to use, export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Solo, or any products utilizing such data, in violation of the United States export laws or regulations. You may not use, export, import, or transfer The Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use The Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Solo are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Solo products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
- 13.3 Disclosures. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- 13.4 Electronic Communications. The communications between you and Solo use electronic means, whether you use the Services or send us emails, or whether Solo posts notices on the Services or communicates with you via email. For contractual purposes, you: (i) consent to receive communications from Solo in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Solo provides to you electronically satisfy any legal requirement that such communications would satisfy if it were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.
- 13.5 Governing Law and Venue. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF WASHINGTON , CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT. Both you and Solo agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in King County, Washington.
- 13.6 Notice. Where Solo requires that you provide an e-mail address, you are responsible for providing Solo with your most current e-mail address. In the event that the last e-mail address you provided to Solo is not valid, Solo's dispatch of the e-mail containing such notice will constitute effective notice. You may give notice to Solo at the following address: 1525 11th Ave, Ste 05-106, Seattle, WA 98122. Such notice shall be deemed given when received by Solo by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- 13.7 International Users. The Services can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Solo intends to announce such services or content in your country. The Services are controlled and offered by Solo from its facilities in the United States of America. Solo makes no representations that the Services is appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
- 13.8 Entire Agreement. This Agreement constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Solo is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Solo's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Solo may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.
- 13.9 Contact Information.
- 1525 11th Ave, Ste 05-106, Seattle, WA 98122
- Email: firstname.lastname@example.org
14. Accessing and Downloading Applications from iTunes
With respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
- 14.1 You acknowledge and agree that (i) the Agreement is concluded between you and Solo only, and not Apple, and (ii) Solo, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- 14.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- 14.3 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 to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Solo and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Solo.
- 14.4 You and Solo acknowledge that, as between Solo and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and 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 or similar legislation.
- 14.5 You and Solo acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Solo and Apple, Solo, 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 the Agreement.
- 14.6 You and Solo acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
- 14.7 Without limiting any other terms of the Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.