Last Updated on October 9, 2013
THESE TERMS OF SERVICE INCLUDE: (I) A WAIVER OF CLAIMS BY YOU AGAINST ANY ENTITY OTHER THAN SOLOW (SECTION 20); (II) YOUR CONSENT THAT ANY DISPUTE WILL ONLY BE RESOLVED THROUGH BINDING ARBITRATION (SECTION 22), AND (III) YOUR CONSENT THAT NO CLASS ACTIONS MAY BE BROUGHT (SECTION 22).
1. WEBSITE AND SERVICE
2. PERMITTED USERS; MEMBERSHIP
You affirm that you are at least 13 years of age (18 years of age if a resident of Florida). Any User who is under the age of legal majority in his or her state, province or territory of residence (a "minor") should get his or her parent or legal guardian's permission to use the Site.You must be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Your membership may be terminated, without warning, if we believe that you are under 13 years of age (or 18 years of age and a resident of Florida). Furthermore, you represent that you are (i) a legal U.S. or Canadian resident (except Quebec); (ii) a registered account holder of a mobile device with SMS or a registered account holder of a residential phone line; and (iii) not barred from receiving the Services due to laws in your jurisdiction or third party contracts or obligations. Services are void where prohibited by law. SoLow in its sole discretion may add or delete a mobile carrier at any time, without notice.
Participation in the SoLow Points Program is limited to Members of SoLow. To become a Member, Users may be asked to provide a wireless phone number and an email address. Additionally, Members may be asked to provide confirmation that they are the registered owner of the wireless phone number they provide to SoLow. Confirmation can occur (i) via input of a password on SoLow.com (password is sent to the wireless device at the request of the Member) or (ii) by providing a SMS confirmation message to SoLow in the form of a text message. To redeem items from the SoLow Points Program, Members may be asked to provide additional information including first and last name, street address, city, state/province/territory, and zip/postal code. If a Member's information changes, it is the Member's responsibility to update his or her user information with SoLow. Members may change their personal information on the "my solow" page located at www.solow.com/mysolow/index.html. Members are only allowed to obtain and/or use a single Member account (each, a "Member Account"). Additionally, Members may not use false and/or misleading information when creating and using their Member Account. For the avoidance of doubt Members must provide accurate information for their email address, physical address, mobile phone number and any other personal information entered into their Member Account. Limit one individual per Member Account. Member Accounts may not be merged.
SoLow will assign each Member a user name upon completion of initial registration, which will be the Member's wireless phone number. Members may modify their user name on the "my solow" page located at www.solow.com/mysolow/index.html. In addition, each Member will select a password. If a Member changes his/ her phone number, the Member may start a new Member Account with the new phone number. Unused SoLow Points from an old Member Account cannot be used or transferred to a new Member Account.
We may refuse to grant you a user name or password that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You are responsible for ensuring the confidentiality of your user name and password, and you agree not to transfer or resell your use of or access to the Site and/or Services to any third party. If you have reason to believe that your Member Account is no longer secure, you must promptly change your password by immediately emailing us at firstname.lastname@example.org. In addition, you may change your user name and password at any time on the "my solow" page located at www.solow.com/mysolow/index.html. Members are solely responsible for keeping their user name and password confidential for any and all activities, whether by you or anyone else, that are conducted through your Member Account.
Any duplicate or multi-person Member Accounts are subject to cancellation, and all SoLow Points accumulated will be forfeited.
3. ACCOUNT DATA
If you register for a Service, you agree (i) to provide and keep the information you provide to us as part of your registration ("Account Data") correct, complete and current while you are a Member of the Site; and (ii) to not assign your Member Account, or rights associated with your Member Account, to another person or entity. SoLow, in its sole discretion, shall determine what means of identification shall be appropriate for your use of the Services, and SoLow may choose to limit your Account Data to a mobile telephone number. As a result of your registration, and based on the Account Data you provide, SoLow may establish a Member Account.
SoLow, at its sole discretion, may terminate or suspend any Member's membership or access to the Services and the Site for any or no reason, with or without notice. SoLow may, at its sole discretion, remove and terminate any Member Account that has not been active for at least six (6) months. If your membership is terminated it will result in cancellation of all rights of access to and use of the Site and Services, including loss of all accumulated SoLow points. In the case of suspected fraud, misuse, or violation of these Terms of Service, or the purpose of these Terms of Service, SoLow will be the sole arbiter of whether any fraud, misuse or violation occurred. Any decision SoLow makes relating to termination or suspension of any Member Account shall be binding and irrevocable.
Members may terminate their membership at any time by sending SoLow either (i) an SMS message containing only the word "STOP" to 65555 (for AT&T, Virgin Mobile and Sprint users in the U.S.) or 23687 (for Verizon Wireless, Alltel, and T-Mobile users in the U.S. and Bell Mobility, Aliant, in Canada); or (ii) an e-mail from the e-mail address registered to his or her Member Account with "STOP" in the subject line and the phone number and carrier in question to email@example.com.
5. SOLOW POINTS
SoLow Points are awarded when a Member completes certain activities, either on the solow.com website or via his/her registered mobile device. SoLow is under no obligation to provide opportunities to earn SoLow Points. The number and type of opportunities made available to earn SoLow Points is at SoLow's sole discretion. You acknowledge that you are solely responsible for the equipment and Internet or cell phone access required to connect to the Site and the SoLow Points Program.
SoLow Points may be redeemed for certain goods or services ("SoLow Points Rewards") listed in the SoLow Points Swap Shop located at http://www.solow.com/store/index.html. You must have sufficient SoLow Points at the time you redeem them for a particular item ("SoLow Points Swap Shop Item"). All redemptions of SoLow Points are final. SoLow reserves the right to revise, at any time, the amount of SoLow Points required to obtain any SoLow Points Swap Shop Item. SoLow may modify at any time and without notice the nature, type, amount and value of SoLow Points Rewards available. SoLow Points Swap Shop Items are limited and are available only while supplies last. SoLow Points Swap Shop Items may not be exchanged or returned for cash, credit or SoLow Points. Members may be required to pay all shipping and handling charges associated with SoLow Points Swap Shop Items. Once a Member redeems SoLow Points, the number of SoLow Points redeemed will be deducted from their Member Account.
SoLow Points are non-tradable and non-transferable, and have no monetary value. Accumulated but unused SoLow Points will expire and be removed from a Member Account if the Member ceases to be an Active Member. "Active Member" of a Service means a Member who has logged into the applicable Service at least once and submitted at least one bid in connection with an ongoing event on such Service during the 30 consecutive calendar days from the date on which such Member BOTH logged into such Service AND submitted his/her last bid. In addition, to be an Active Member, a Member must submit at least one bid within 30 days after his/her initial registration for such Service. In other words, to remain an Active Member, a Member must both log in to the applicable Service (including for the first time after registration) and submit a bid at least one time during each 30 day period. SoLow shall determine when a Member is no longer an Active Member in its sole discretion, and such determination is final and binding. Any determination that you are not an Active Member will not affect your overall status as a Member, subject to the other terms and conditions of these Terms of Service. SoLow has the right to set the terms and conditions for, modify and/or eliminate the right to receive, use and/or redeem SoLow Points as it may determine in its sole discretion. Neither SoLow nor any Affiliate (as defined below) will have any liability to you in connection with any changes or the exercise of such rights, and you will not be entitled to any compensation therefore.
SoLow may revalue, modify, or cease indefinitely, without accountability or prior notice, all or part of the SoLow Points Program. SoLow has the right in its sole discretion to cancel a Member's SoLow Points. In the event of a dispute involving SoLow Points, SoLow will be solely responsible for deciding the outcome of such dispute and Members are bound by SoLow's decision.
6. INTERRUPTION, DISCONTINUATION OR LIMITATIONS OF THE SERVICE
SoLow has the right to interrupt, modify, suspend, discontinue or permanently cancel the Site or the Services, or portions thereof, at any time without notice, including, without limitation, on occurrence of events beyond SoLow's control, such as computer equipment or electronic transmission failure, strikes, riots, civil turmoil, acts of nature, acts of terrorism, acts of war, equipment theft or failure, or data transmission delay or failure. If the Service, or any part thereof, for which you are registered, is permanently discontinued or canceled by SoLow, SoLow will cancel your registration and reimburse any pre-paid but unused fees, if any, related to such canceled Service. Except as set forth in Section 6, the foregoing is your sole remedy, and SoLow will have no liability, with respect to any changes to the Site and/or Services. SoLow reserves the right to limit a Member or other User's interaction with the Services in its sole discretion.
7. CHANGES TO THIS TERMS OF SERVICE
SoLow reserves the right at any time and from time to time to amend, supplement or modify the terms of this Terms of Service. We will post or display notices of material changes on the Website and those changes will become effective ten (10) days after the date of posting. You are responsible for regularly reviewing the Terms of Service, including, without limitation, by checking the date of "Last Update" at the bottom of this document. Your continued use of the Website and/or Service, including continued participation in the SoLow Points Program after the changes become effective, signifies your agreement to be bound by such modified Terms of Service.Other than our "90 Day Money Back Guarantee" detailed in Section 9, your only right with respect to any dissatisfaction with (1) these Terms of Service; (2) any policy or practice of ours in operating the Services; or (3) any content available through the Services, is to stop visiting and using the Services. Any changes to the fees charged for the Services will be implemented as provided in Section 9.
8. USE OF SITE AND SERVICES
You agree not to engage in unsportsmanlike conduct or otherwise abuse the Services by conduct that is or may be detrimental to the interests of SoLow or other Users. Any User suspected of engaging in any fraudulent, abusive, manipulative or illegal activity or by participating in, or benefiting from, a syndicate, group or block guessing process may have his/her Member Account terminated and all SoLow Points cancelled in SoLow's sole discretion, and the User may be referred to appropriate law enforcement agencies. SoLow reserves the right, but not the obligation, to monitor your access to and use of the Site and the Services. You shall not, among other things: (a) use automated or cooperative means to acquire SoLow Points, including but not limited to the use of automated "bots", software programs or collusive play involving other Users or software programs; (b) exploit or thwart the Services or any affiliated program in any way; (c) present inaccurate or fraudulent information; (d) acquire or use SoLow Points in violation of these Terms of Service or that were improperly credited to a Member Account; or (e) abet another individual or party in any of the foregoing or in conducting damaging, deceitful, fraudulent, or unlawful activity.
9. PAID SERVICES
Certain of our Services are provided for a fee ("Paid Services").In subscribing to our Paid Services, you are expressly authorizing us to bill you a fee every month, if you are a resident in the United States, or every week if you are a resident in Canada (as applicable the "Billing Period" which will be monthly in the United States and weekly in Canada), at the then current rate for each of the Paid Services requested. Such fees and Billing Periods will be disclosed on the Site or disclosed to you prior to your use of a particular Paid Service, and your use of the Paid Service shall constitute your agreement to pay all applicable fees on a monthly or weekly basis, as applicable, until you cancel your subscription to the particular Paid Service in question. Unless otherwise indicated, the fees will be invoiced on your mobile carrier's bill and you agree to pay your carrier all applicable fees in accordance with your agreement with your mobile carrier. The fees are non-refundable except as permitted under our Refund Policy (see below) and during the Refund Period, unless otherwise indicated to you in writing by SoLow. Fees are billed when you register for the Paid Services and for each Billing Period thereafter unless and until you cancel your subscription to the Paid Services.
This agreement and any portion of it, including the fees, is/are subject to change. SoLow will provide notice of such change on the Site. All fees are subject to change upon notice of such change in fees prior to the new fees taking effect. You will be asked to either opt-in to such fee change in which case your subscription will continue at the new fees, or if you do not opt-in your subscription will be terminated at the end of the then-current billing period.
In addition to the fees billed for the Paid Services, you may also be billed by your mobile carrier for standard text messaging charges, fees, or taxes in accordance with your mobile plan for use with the Paid Services. All taxes relating to SoLow Points or the Paid Services are the sole responsibility of Users. You are strongly encouraged to consult your own tax advisor prior to participating in any Paid Services. SoLow will not provide any advice concerning tax liability.
Cancellation of Paid Services.The Paid Services will continue in effect unless and until you cancel your subscription or we terminate it in accordance with these Terms of Service. You may cancel your subscription to our Paid Services at anytime, and cancellation will be effective immediately. EXCEPT AS SET FORTH IN OUR REFUND POLICY, WE DO NOT PROVIDE REFUNDS, INCLUDING FOR ANY PARTIAL BILLING PERIODS, IN THE EVENT OF SUCH A CANCELLATION. You may cancel your Paid Services by texting "STOP" to 65555 (for AT&T, Virgin Mobile and Sprint users in the U.S.) or 23687 (for Verizon Wireless, Alltel, and T-Mobile users in the U.S. and Bell Mobility, Aliant, Fido, in Canada), by telephone at 877-402-3687, or by email to firstname.lastname@example.org.
Refund Policy. If you purchase a Paid Service and are not satisfied with such Paid Service for any reason during the first 90 (ninety) days after commencement of the Paid Service ("Refund Period"), if you terminate your subscription to the Paid Service within the Refund Period, then you may receive a refund for the particular Paid Service for one Billing Period only - i.e. one months' fees for users residing in the United States and one week's fees for users residing in Canada. You will not receive a refund of any other fees paid for the particular Paid Service. You may notify us in any of the following ways to terminate the Paid Service and request the refund: by telephone at 877-402-3687, or by email to email@example.com which email must include the subject line "Refund Request". Refunds will be issued via check and sent to a mailing address you designate upon requesting your refund. Termination and refund as set forth in this Section are your sole and exclusive remedies in the event that you are not satisfied with a Paid Service. Once the Refund Period has ended all fees (including those fees paid for the Refund Period) are non-refundable for any reason, including but not limited to technical issues or interruptions with the Service.
You should read the Rules for any game or Paid Service in which you participate for additional information on applicable fees.
10. INTELLECTUAL PROPERTY RIGHTS
The content included on the Site and Services, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SoLow, and are subject to copyright and other rights under United States, Canadian, and international intellectual property laws.
Content is provided to you AS IS, for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SoLow reserves all rights not expressly granted in and to the Site, the Services and Content. You agree not to engage in the use, copying, or distribution of any Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site and/or Services, or with features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site or the Content therein.
11. ELECTRONIC COMMUNICATIONS
SoLow may use Short Messaging Service ("SMS" or "text messages"), phone calls, instant messages or e-mail to contact you in connection with various aspects of the Services and the SoLow Points Program. Standard text messaging rates and terms and conditions of your wireless service provider will apply. SMS Services may not be available from all wireless service providers or for all mobile handsets. You should check with your wireless carrier about your individual service plan. You are solely responsible for all SMS (text messaging) charges and other fees charged by your wireless carrier. By accessing, using or registering for Services on our Site, you consent to receiving account-related communications from SoLow electronically including by e-mail, text messaging, SMS, MMS, WAP and other means of mobile content delivery, or by posting notices on the Site.You agree that all agreements, notices, disclosures and other communications that SoLow sends to you electronically satisfy any legal requirement that such communications be in writing. You may also opt-in to receive certain non-account related text messages and by doing so you consent to receive such text messages from SoLow on behalf of SoLow and its partners. You may opt-out of receiving text messages at any time by sending an email to firstname.lastname@example.org or by telephone at 877-402-3687.
12. MESSAGES, SWEEPSTAKES, CONTESTS AND GAMES
Any sweepstakes, contests or games made available through the Site will also be governed by its specific Rules that are separate from, and may vary from, these Terms of Service. By participating in any such sweepstakes, contest or game, you will become subject to those applicable Rules. In the event of any conflict between the applicable Rules and these Terms of Service, the Terms of Service will govern.
SendMe and/or its Affiliates may deliver messages (e.g., SMS text messages) related to Services you have ordered to your mobile phone. These may include (without limitation) responses to messages you send to us (e.g., if you text STOP or HELP), delivery of content that you have requested (e.g., bid updates) or messages related to the status of your account with us (e.g., confirmation of your order, notification of up-coming renewals, etc.). SendMe may present advertisements and promotional materials on or through the Website and Services, but will not deliver marketing messages to your mobile phone without your prior express written consent. Your participation in any such promotional event is subject to any applicable Rules associated with that event as described on the Website. Other third party charges, such as from your Carrier, may apply when you participate in such an event. Please review your agreement with your Carrier or contact your Carrier for more details. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Website or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither SendMe nor its Affiliates shall be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website or Services.
13. LINKS, PRODUCTS AND SERVICES
There may be links provided on the Site to other websites belonging to SoLow's advertisers, business partners, affiliates and other third parties. Third parties, in some cases, may also link to the Site. SoLow is not responsible for the activities or policies of those websites.SoLow cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on third-party websites.
Such links do not constitute an endorsement by SoLow of those websites, nor the products or services made available on those websites. The links which we might place on our Site do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
SoLow may also make available products and services of such advertisers, business partners, affiliates and other third parties directly on the Site. You acknowledge and agree that SoLow shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such advertisers, business partners, affiliates and other third parties or for any content or information presented in connection with any products or services of advertisers, business partners, affiliates and other third parties.
14. YOUR RESPONSIBILITY FOR EQUIPMENT & RELATED COSTS
You are responsible for obtaining, maintaining and paying for all costs and fees associated with obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Site and/or the Services. You must provide all equipment and software necessary to connect to the Service, and are responsible to ensure that the foregoing do not disturb or interfere with SoLow's operations, the Site or the Service. If any upgrade in or to the Site or the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by SoLow, any new or additional features of the Site or Service, including the release of new products and Services, shall be subject to these Terms of Service.
16. DISCLAIMERS; NO WARRANTIES
YOUR USE OF THE SITE AND SERVICES, IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND BY SOLOW OR ITS AFFILIATES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EACH OF SOLOW AND ITS AFFILIATES, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NEITHER SOLOW NOR ITS AFFILIATES, WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICES WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE.
YOU AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO SOLOW AND/OR ITS AFFILIATES. WITHOUT LIMITING THE FOREGOING, NEITHER SOLOW NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS, QUALITY OR MISDELIVERY OF THE SITE OR INFORMATION TRANSMITTED VIA THE SERVICES, OR THE SAFETY, SECURITY, RELIABILITY, TITLE, TIMELINESS, MERCHANTABILITY, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE SITE OR SERVICES, INFORMATION TRANSMITTED VIA THE SERVICES OR THE SERVICES.
SOLOW DOES NOT WARRANT THAT THE FUNCTIONS OF THE SITE AND SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, COMPLETENESS SAFETY, SECURITY, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE SITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SOLOW NOR ITS AFFILIATES MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SITE OR SERVICES ARE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
SOLOW USES REASONABLE EFFORTS TO ENSURE THAT INFORMATION ABOUT PRODUCTS, SERVICES AND/OR ACTIVITIES ON THE SITE AND SERVICES (INCLUDING PRIZES AND SOLOW POINTS SWAP SHOP ITEMS) ARE CORRECT. HOWEVER, SOLOW CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION AND WILL NOT BE LIABLE FOR ANY ERRORS, OMISSIONS OR OTHER DEFICIENCIES. PRIZES OR SOLOW POINTS SWAP SHOP ITEMS MAY NOT BE IDENTICAL TO THE ACTUAL AWARDS DELIVERED TO THE USER DUE TO MARKET CHANGES BEYOND THE CONTROL OF SOLOW, INCLUDING BUT NOT LIMITED TO, DISCONTINUATION OF AN ITEM, CHANGES IN FEATURES, COLOR OR AVAILABILITY OF AN ITEM OR OTHER PRODUCT LIFECYCLE EVENTS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTIES TO BE DISCLAIMED, THE ABOVE DISCLAIMER MAY NOT APPLY IN FULL TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, SOLOW AND/OR ITS AFFILIATES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMER AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL SOLOW AND/OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, GOODWILL, REVENUE OR BUSINESS, PROCUREMENT COSTS AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR SERVICES, OR ANY PERSON'S USE OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES, OR ANY VIRUS OR MALICIOUS CODE ON YOUR DEVICE; EVEN IF SOLOW AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF SOLOW AND ITS AFFILIATES TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF $100 OR THE FEES YOU PAID TO SOLOW (AND/OR ITS AFFILIATES) PURSUANT TO THIS AGREEMENT OVER THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, PORTIONS OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, SOLOW AND/OR ITS AFFILIATES, SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
Without limiting the foregoing, neither SoLow nor its Affiliates is responsible for any damage to any User's equipment, computer, software, phone or wireless device due to using the Service or downloading of any software or information necessary to use the Service. There is no stated or assumed guaranteed service level for the Site and/or Services, and they may be interrupted and may not always be free of errors. Under no circumstances will SoLow or its Affiliates be responsible for errors in transmission, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions in connection with the Site or Services. SoLow will not be responsible for any losses or damages incurred due to unauthorized appropriation of information, encrypted or otherwise, transmitted to or from SoLow.
SoLow shall not be responsible or accountable for any agreements between a User and any of the companies that provide SoLow Points Swap Shop Items in connection with the SoLow Points Program, or a User's election in third-party promotions or other activities (such as election of a warranty etc.).
18. BASIS OF THE BARGAIN
The parties expressly acknowledge and agree that SoLow has set its prices and entered into these Terms of Service in reliance upon the limitations of liability specified herein, which allocate the risk and form a basis of the bargain between the parties.
You agree that any unauthorized use of the Site or Services would result in irreparable injury to SoLow and/or its Affiliates for which money damages would be inadequate, and in such event SoLow and/or its Affiliates, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Terms of Service shall be construed to limit the remedies or relief available pursuant to statutory or other claims that SoLow or its Affiliates may have under separate legal authority, including but not limited to any claim for intellectual property infringement. The remedies of SoLow and/or the Affiliates under this Terms of Service shall be cumulative.
20. CLAIMS AGAINST THIRD PARTIES
You expressly acknowledge and agree that any claim by you arising under or affecting these Terms of Service, whether based on contract, tort or other legal basis, will be brought only against SoLow and not any third party (including but not limited to any carriers or aggregators) and you waive, and do hereby waive any right you may have to bring such a claim.
21. GOVERNING LAW
22. DISPUTE RESOLUTION
You and SoLow agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any Dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights. You acknowledge and agree that you and SoLow are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and SoLow otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Service.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and SoLow otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and SoLow submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. SoLow will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, SoLow will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the "Changes to this Terms of Service" section above, if SoLow changes this "Dispute Resolution" section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of SoLow's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and SoLow in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
The failure of a party, at any time or from time to time, to require performance of any obligations of the other party under this Terms of Service shall not affect its right to enforce any provision of this Terms of Service at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach. No waiver of any provision of this Terms of Service shall be effective unless it is in writing and signed by an authorized representative of SoLow.
These Terms of Service and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and SoLow with respect to the use of the Site and the Services.
"SoLow", "Sendme","Sendme Mobile", and "MBuzzy" are trademarks of SoLow. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of SoLow.All other trademarks appearing on the Website are property of their respective owners.Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
1. Via e-mail: firstname.lastname@example.org
2. Via mail: SendMe Inc., Attn: SoLow Customer Service - 150 Spear Street, 14th Floor, San Francisco, CA 94105
SoLow shall have no obligation of any kind with respect to such questions, comments, concerns or feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the questions, comments, concerns or feedback to others without limitation. Further, SoLow shall be free to use any ideas, concepts, know-how or techniques contained in such questions, comments, concerns or feedback for any purpose whatsoever, including but not limited to developing and marketing Services incorporating such questions, comments, concerns or feedback.
SendMe, Inc, a Delaware corporation, d/b/a "SoLow", 150 Spear Street, 14th Floor, San Francisco, CA 94105. Telephone: 877-402-3687
© 2013 SendMe, Inc. ALL RIGHTS RESERVED.
Terms & Conditions: Content provided by SendMe, Inc. subscribers to the SoLow service receive up to 20 guesses per game per day on the No Charge SoLow Games. Verizon Wireless, Bell Mobility, T-Mobile and Bell Aliant customers: to stop receiving the security code confirmation text messages or to cancel a service at any time, text STOP or ARRET to 23687. Alltel and Sprint customers: to stop receiving the security code confirmation text messages or to cancel a service at any time, text STOP to 65555. All purchases must be authorized by the account holder.
Please note new Sprint subscribers are not accepted at this time.
SoLow Elite subscription and other game charges are applied to your cell phone bill or prepaid balance. NO PURCHASE OR SMS MESSAGE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. Please see the Rules to play without purchase or SMS message. The promotion is only open to legal U.S. residents who are 13 years or older. Minors must get parent or legal guardian's permission to enter. Void in Puerto Rico and where prohibited by law. Premium games are void in and to residents of Georgia. You must be 18 or older to participate in Florida. Elsewhere, users must be age 18 or older or have parental permission to participate. Beginning November 12th, all new games will be open to residents of Canada over 18 years old (excluding Quebec). To participate, you must be the named account holder of a mobile device with wireless Short Message Service (SMS) or have access to a residential phone line. See individual prize rules for additional eligibility restrictions, prize descriptions/restrictions, ARVs, alternative means of entry, and complete details. Subscriptions automatically renew unless cancelled. List of participating wireless carriers is subject to change at any time. Message and data rates may apply.
Verizon Wireless, Bell Mobility, T-Mobile and Bell Aliant customers: text HELP, INFO or AIDE to 23687 at any time for more information about how to play. Sprint, Allied Wireless and Alltel customers: text HELP to 65555 at any time for more information about how to play. You can also contact SoLow customer service at email@example.com or by calling 1-877-402-3687. [ID: 16]