AS OF NOVEMBER 23, 2019
BY USING THE WEBSITE SOLIDSTARTS.COM (“WEBSITE”) OR A PUBLICATION (“PUBLICATION”) PRODUCED BY SOLID STARTS LLC (“SOLID STARTS”) OR SERVICES (“SERVICES”) PROVIDED BY SOLID STARTS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF USAGE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE OR ANY PUBLICATION PRODUCED BY SOLID STARTS.
PLEASE NOTE: The Website Does Not Provide Medical Advice
Solidstarts.com (www.solidstarts.com) and the Publications contain opinions and provide information. The content, information, opinions, and suggestions on the Website and the Publications are offered for informational purposes only. Solid Starts is not engaged in rendering professional advice, whether medical or otherwise, to individual users or their children or families.
The content, information, opinions, and suggestions contained on the Website and in the Publications are not meant as, and are not a substitute for, professional advice from or consultation with a medical or health professional, nutritionist, or expert in feeding and eating. To the extent a user uses and considers content, information, opinions, and suggestions obtained on the Website or in the publications, the user does so at his or her own risk, and Solid Starts and its owners, members and employees are not be liable or responsible for any loss, injury, or damage arising from any content, information, opinion, or suggestion found on the Website or in the Publications.
Solidstarts.com (www.solidstarts.com) may offer health, fitness, nutritional and related information, but such information is designed and provided for informational purposes only. No information on Solidstarts.com is intended to convey medical advice and nothing on Solidstarts.com constitutes or should be construed as the practice of medicine. You should not rely on any information provided on Solidstarts.com as a substitute or replacement for professional medical advice, diagnosis and/or treatment from a licensed medical professional.Solid Starts is not responsible for any actions or inaction on a user’s part based on the information that is presented on the Services.
The contents of the Website, such as text, graphics, images, and other materials created by Solid Starts or obtained from Solid Start’s licensors, and other materials contained on the Website (collectively, “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Website.
If you think you or your child may have a medical emergency, call your doctor or 911 immediately.
Solid Starts does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by Solid Starts, Solid Starts’ employees, others appearing on the Website at the invitation of Solid Starts or other visitors to the Website is solely at your own risk.
Solid Starts reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Website, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions to the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Website and the Services. If you do not agree to the amended Terms, you must stop using the Website and the Services.
Copyright and Limited License
Unless otherwise indicated on the Website, the Website and all content and other materials therein, including, without limitation, the Solid Starts logo, trademarks, service marks, copyrights, intellectual property and all designs, text, graphics, photographs, pictures, information, data, software, sound files, and other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Solid Starts or its parent, licensors, subsidiaries, affiliates, or users users and are protected by U.S. and international copyright laws.
Unless otherwise noted, Solid Starts and all other trademarks, service marks, trade names, and logos displayed on the Services are the trademarks, service marks, trade names, and logos of Solid Starts. All other trademarks, service marks, trade names, and logos are the property of their respective owners. Nothing on the Services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, trade name, or logo displayed on the Services without the owner’s prior written permission. Unauthorized use of the name Solid Starts and all other trademarks, service marks, trade names, and logos displayed on the Services is strictly prohibited.
Site Materials may not be copied, reproduced, republished, uploaded, posted, re-delivered using framing technology, transmitted, displayed, performed, distributed or used in any way without Solid Starts’ prior written permission. Any deviation or other use is not permitted without Solid Starts’ prior written permission. No permission is granted to use the Website icons, addresses or other means to hyperlink other web sites with any page in the Website.
The Site Materials posted on this Website are protected by the copyright laws in the United States and in foreign countries. Solid Starts authorizes you to view or download a single copy of the Site Materials solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: “©2019, Solid Starts, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Site Materials. You are granted this limited, nonexclusive, non-sub-licensable license to access and use the Website and print one hard copy of the Site Materials for your informational, non-commercial, and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Website or the Site Materials; (b) the collection and use of any pictures or descriptions; (c) the distribution, public performance, or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Website, Site Materials, or any information contained therein, except as expressly permitted on the Website; or (g) any use of the Website or the Site Materials other than for its intended purpose. Any use of the Website or the Site Materials other than as specifically authorized herein, without the prior written permission of Solid Starts, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
In certain cases, we may permit you to download certain software applications, such as screensavers, from our Website. If you elect to do so you must keep intact all copyright and other proprietary rights. Anything you download from our Website with our permission is under a grant of license; we do not transfer title to the software to you. Any special rules for the use of certain software and other items accessible on the Website may be included elsewhere within the Website and are incorporated into these Terms reference.
Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Solid Starts had adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. Solid Starts may at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Website infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent, as set forth below.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section, your DMCA notice may not be valid and we may not be able to remove infringing content. All notices of claimed infringement shall be sent to Solid Starts’ Designated Agent, whose contact information is noted below:
Name of Designated Agent:
Solid Starts LLC, c/o Jenny Best, 315 Flatbush Avenue #353, Brooklyn, NY 11217
Email: [email protected]
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification.
The name Solid Starts, the Solid Starts logo and any other product or service names or slogans contained in the Website are trademarks under license to Solid Starts or its parent, subsidiaries, licensees or affiliates and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Solid Starts or the applicable trademark owner. You may not use any metatags or any other “hidden text” utilizing “Solid Starts” or any other name, trademark, or product or service name of Solid Starts without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Solid Starts and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
The use or misuse of these trademarks or any other content on this Website, except as provided in these Terms or in the Website content, is strictly prohibited. Nothing contained on the Website shall be construed as granting, by implication or otherwise, any license or right to use any Solid Starts trademark without our prior written permission.
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray Solid Starts or any of its services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is abusive, offensive, harassing, pornographic or otherwise objectionable. This limited license may be revoked at any time. You may not use the Solid Starts logo or other proprietary graphic to link to this Website without the express written permission of Solid Starts. Further, you may not use, frame, or utilize framing techniques to enclose any Solid Starts trademark, logo, or other proprietary information, including the images found at the Website, the content of any text, or the layout/design of any page or form contained on a page on the Website without our express prior written consent.
Solid Starts may also provide links to third party content (“Third Party Content”) and websites, including, but not limited to, PayPal and various social media sites, including but not limited to Facebook, Twitter, Instagram and YouTube. We provide these links as a convenience, and we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of any third party site accessible by hyperlink from the Website or websites linking to the Website. Such sites are not under the control of Solid Starts and the inclusion of a link does not imply affiliation, endorsement, or adoption by Solid Starts of any site or any information contained therein. When you leave our Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Website.
Third Party Content, Advertising and Business Dealings
We may provide Third Party Content on the Website and may provide links as a service to those interested in this information. We do not monitor or have any control over any Third Party Content or third party websites. We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein and undertake no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Solid Starts may run advertisements and promotions from third parties on the Website or may otherwise provide information about or links to third-party products or services on the Website. Your business dealings or correspondence with, or participation in promotions of, such third parties, including Solid Starts’ parent, licensors, subsidiaries, or affiliates, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Website.
You acknowledge and agree that any materials, including, but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information regarding Solid Starts, our Website, or our products or services that you provide to us (“Submissions”) are non-confidential and shall become the sole property of Solid Starts. Solid Starts shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without credit, acknowledgement or compensation to you. You further agree that Solid Starts is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Solid Starts without any monetary or other obligation to you.
We appreciate hearing from you and welcome your comments. Our policy does not allow us to accept unsolicited unpatented ideas, advertising or marketing suggestions, musical compositions, intellectual property, patent applications, models, prototypes, or any information, written or oral, which you, the submitter, regard as confidential (“Unwanted Submissions”). While we do value your feedback, we request that you be specific in your comments on those services and products, and not submit any Unwanted Submissions. If, despite our request that you not send us Unwanted Submissions, you send such Unwanted Submissions to us, such Unwanted Submissions shall be deemed, and shall remain, our property. Unwanted Submissions shall not be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any such Unwanted Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter known existing rights to such Unwanted Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Unwanted Submissions for any purpose whatsoever, commercial or otherwise, without credit, acknowledgement or compensation to the submitter of such Unwanted Submissions.
User Content and Interactive Services or Areas
The Website may include discussion forums, chat rooms, blogs, profiles, or other interactive areas or services (collectively “Interactive Areas”) in which you or other users meet, create, post, or store content, such as text, music, sound, photos, videos, graphics, code, or other items or materials on the Website (“User Content”). You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish or send through the Website any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
b. User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, incite violence or insurrection, or otherwise create liability or violate any local, state, national, or international law;
c. User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
d. User Content that may impinge or infringe upon the publicity, privacy, or data protection rights of others, including photos, pictures or information about another individual where you have not obtained such individual’s consent;
e. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
f. Unsolicited promotions, political campaigning, advertising, or solicitations;
g. Viruses, corrupted data, or other harmful, disruptive, or destructive files;
h. User Content that promotes health claims, benefits and advantages to using any particular type of food, supplement, vitamin, regimen or other health-related product, whether for children or adults; and
i. User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose Solid Starts or its users to any harm or liability of any type.
We take no responsibility and assume no liability for any user conduct or any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Enforcement of the Terms, however, is solely in our discretion, and failure to enforce the Terms in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Website will not contain any content that is prohibited by such Terms. As a provider of interactive services, Solid Starts is not liable for any statements, representations, or User Content provided by its users in any public forum, personal home page, or other Interactive Areas. Although Solid Starts has no obligation to screen, edit, or monitor any of the User Content posted in any Interactive Area, we reserve the right (but not the obligation), and have absolute discretion to modify, remove, screen, or edit any User Content posted or stored on the Website at any time and for any reason without notice. You are solely responsible for creating backup copies of, and replacing any, User Content you post or store on the Website at your sole cost and expense. Solid Starts shall have no obligation to store, keep copies of or return any User Content.
Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.
Except as otherwise provided herein, Solid Starts claims no ownership or control over any User Content. By submitting or posting User Content on the Website, you grant Solid Starts, its parent, members licensors, subsidiaries, and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, alter, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any manner or media on or in connection with the Website, all without compensation or credit to you or the source.
By posting User Content to the Website, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have the right to post and use such User Content to the Website and to grant the rights to Solid Starts that you grant in these Terms; (c) you have the written permission of all people whose name, voice or likeness appears in any User Content (and parent/legal guardian permission if such person is a minor) to post the User Content and to grant the rights granted above with respect thereto; (d) the User Content is accurate and not misleading or harmful in any manner; and (e) the User Content and your use and posting thereof does not violate these Terms or any applicable law, rule, or regulation.
You can make retail purchases of Publications and goods (“Products”) through the Website. Products may include Solid Starts-branded products.
If you purchase any Products, the following terms and conditions apply:
As consideration for any purchase you make on the Website, you shall pay Solid Starts all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All payments will be charged and made in U.S. dollars.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Solid Starts to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
We currently are not able to accept returns or issue refunds due to the ease of copying our Publications once downloaded.
If you’d like to contact us regarding your order, please email [email protected] within 15 days of receiving your order.
Certain products or services may be available exclusively online through the Website.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color or font will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Eligibility; Registration; Account Security
Our Website is not intended for and we do not knowing encourage children under the age of 13 to use the Website. In order to be eligible to register on and use the Website, you must be at least 13 years of age.
If you are between 13 to 18 years of age, we expect you to have your parent’s or legal guardian’s permission before participating on this Website. You represent and warrant that you are 13 years of age or older and have parental or legal guardian permission to participate on the Website.
In consideration of your use of the Website, you agree to (a) provide accurate, current, and complete information about yourself as requested ; (b) maintain the security of your password and identification; (c) maintain and promptly update your registration information; and (d) accept all risks of unauthorized access to any information you provide to us.
You agree not to violate or attempt to violate the security of the Website, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account that the user is not authorized to access; (b) attempting to reverse engineer, probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without our prior written authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (d) sending unsolicited messages, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email, message, newsgroup or social network posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
You agree to defend, indemnify, and hold harmless Solid Starts, its parent, licensors, subsidiaries, affiliates, independent contractors, service providers, and consultants, and their respective members, directors, assignees, employees, licensees, representatives and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of our Services, any User Content you post, store, or otherwise transmit on or through the Site, or your use of the Interactive Areas, including, without limitation, any actual or threatened suit, breach or alleged breach, demand, or claim made against Solid Starts, its parent, members, licensors, subsidiaries, affiliates, independent contractors, service providers, and consultants, and their respective members, directors, assignees, employees, licensees, representatives and agents, arising out of or relating to the User Content, your conduct, your violation of these Terms, or your violation of the rights of any third party. Further, you agree to indemnify, hold harmless and defend Solid Starts, its parent, licensors, subsidiaries, affiliates, independent contractors, service providers, and consultants, and their respective members, directors, assignees, employees, licensees, representatives and agents, from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to reasonable attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of this Agreement.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
THE USE OF THE WEBSITE, THE PUBLICATIONS AND THE SERVICES IS AT YOUR OWN RISK.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING SIGNED BY SOLID STARTS, THE WEBSITE, THE SITE MATERIALS CONTAINED THEREIN, AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SOLID STARTS AND ITS PARENT, LICENSORS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, ASSIGNEES, EMPLOYEES, LICENSEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS ON THE WEBSITE. NEITHER SOLID STARTS NOR ITS PARENT, LICENSORS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, ASSIGNEES, EMPLOYEES, LICENSEES, REPRESENTATIVES AND AGENTS REPRESENT OR WARRANT THAT THE MATERIALS ON THE WEBSITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Without limiting the foregoing, Solid Starts, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Site Materials, the Publications, software, links, or communications provided on or through the use of the Website.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug product, food products or the approval or compliance of any software tools with regard to the Site Materials and the Publications on the Website.
Solid Starts reserves the right to change any and all content contained in the Website and any Services offered through the Website at any time without notice.
Limitation of Liability
IN NO EVENT SHALL SOLID STARTS, ITS PARENT, LICENSORS, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, LICENSORS, LICENSEES, ASSIGNEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PHYSICAL OR PERSONAL INJURY, DEATH, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE PUBLICATIONS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM SOLID STARTS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES EVEN IF SOLID STARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SOLID STARTS OR ITS PARENT, LICENSORS, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, LICENSORS, LICENSEES, ASSIGNEES, REPRESENTATIVES OR AGENTS , WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, GROSS, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SOLID STARTS TO ACCESS OR USE THE WEBSITE OR ONE HUNDRED (US $100.00) DOLLARS US, WHICHEVER IS GREATER.
Applicable Law and Venue
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and to be entirely performed in the State of New York without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms. In the event we seek injunctive relief, we shall not be required to post a bond.
You agree that any cause of action arising out of or related to the Services or this Agreement must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You shall comply with all applicable laws, including, but not limited to, as applicable, the EU General Data Protection Regulation and its requirements related to capturing verifiable consent, obtaining parental consent, responding to data subject requests, complying with international data transfer laws and other requirements relating to personal information, data localization, cookies and recordkeeping requirements.
Solid Starts may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. We may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on our Site.
Except as expressly provided in a particular “legal notice” on the Website, these Terms and the Privacy Pollicy constitute the entire agreement between you and Solid Starts with respect to the use of the Website, the Publications and the Services.
Notwithstanding any of these Terms, Solid Starts reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions or comments about the Site may be directed to:
E-mail us at [email protected].
Or write to us at:
Solid Starts LLC, c/o Jenny Best, 315 Flatbush Avenue #353, Brooklyn, NY 11217