Mobile Service Terms and Conditions

Solavei Mobile Service Terms and Conditions 

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Effective October 1, 2014.

These Terms and Conditions ("T&Cs") are a legally binding agreement between you and Solavei, LLC, a Delaware limited liability company, including its affiliates, assignees, and agents ("Solavei”).  Please read these T&Cs carefully. They cover important information about the Solavei mobile phone services provided to you (the "Service"); your phone, handset, device, SIM card, data card, or other equipment or third party device which may be used with our Service (the "Devices"); and the fees, taxes, and other charges you pay us ("Charges"). These T&Cs include, among other provisions, fees for late payments, limitations of liability, agreements regarding privacy, and agreements providing for resolution of disputes by arbitration instead of in court.

Solavei reserves the right to change or modify any of these T&Cs at any time and in its sole discretion. Solavei will provide 14 days notice of any material changes by posting the revised T&Cs on our website, and will also attempt to provide direct notice to you by email or text. Solavei Brand Partners (“Brand Partners”) are subject to additional terms as provided in the Solavei Brand Partner Agreement. These T&Cs do not alter the terms of the Brand Partner Agreement, or any other agreement the user may have with Solavei.   

You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you. Authorized changes may require your agreement to new or revised T&Cs. You must provide accurate and truthful information when setting up an account, maintain security of the account and password, and you agree to notify Solavei of any security breaches associated with your account. You agree to take responsibility for all activities that occur under this account.

1. Acceptance. YOUR AGREEMENT WITH SOLAVEI STARTS WHEN YOU ACCEPT. You represent that you are at least 18 years old and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of the following: (a) giving us a written or electronic signature, clicking the acceptance box during the online enrollment process or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; (d) paying for the Service; (e) opening the box or package of a Device purchased from Solavei (a “Solavei Device”); or (f) failing to activate Service within 30 days after the purchase of a Solavei Device, unless returned within the Cancellation Period (as defined in Section 5). IF YOU DON'T WANT TO ACCEPT, DON'T DO ANY OF THESE THINGS AND IMMEDIATELY DISCONTINUE USE OF THE SERVICE.

2. Solavei Service. Depending on the Service Plan you select, the Service provides unlimited voice, text and data wireless mobile phone service in the United States (including Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands). This means the following: (a) voice service includes unlimited incoming calls and unlimited outgoing calls to any domestic U.S. phone number from inside the United States; (b) unlimited incoming text messages and unlimited outgoing texts to any domestic or international mobile number from inside the United States, and picture and video messages within the United States; and (c) no additional charges regardless of the amount of data used within the United States. The Service may be offered at differing prices under different Service Plans, depending on the data speed you desire and other factors, and some plans may not include data.  Data speeds will reduce when the amount of data used exceeds the amount designated in your Service Plan. Speeds reduce to a 2G data experience in these situations. Solavei Community: As a customer of the Service, you become part of the Solavei community as a “Solavei Member,” and are entitled to use Solavei’s Social Commerce Community Platform (the “SCCP”), under the terms provided in Section 18. The SCCP allows you to communicate with other Solavei Members, see the status of your Solavei account, and conduct other activities through your Solavei Device and online.

3.  Service Availability. Coverage maps are only approximate representations of our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. You agree that we are not liable for problems relating to Service availability or quality.

4. Monthly Fees and Payment. Solavei provides the Service for a flat fee on a monthly, pay-in-advance basis under various Service Plans. Service begins when you pay the monthly payment for the first month of Service, which includes the Solavei Mobile Service Fee and the taxes and other assessments described in Section 6 and on our website at solavei.com/serviceplans.  Subsequent monthly payments are due by your monthly payment date, which occurs on each monthly anniversary of the date on which the first monthly payment is made. If you fail to make your monthly payment when it is due, your Service will be suspended until the payment is received. If you fail to make your monthly payment within 30 days after it is due, your Service will be terminated. Fees are not refunded or prorated if Service is terminated before your next payment date. If your Service is terminated, your account will be cancelled and you will lose your Solavei mobile phone number. You will be required to re-enroll as a new customer in order to resume Service. If your Service is suspended or terminated for non-payment, your monthly payment date will change to the day of the month before the date you reactivate Service (for example, if you reactivate Service on the 15th day of the month your payment date will be on the 14th).  The Service Fee does not include separately priced services, such as international long-distance services, and the amount of the Service Fee is subject to change without notice. You may change your payment method or other payment options by visiting the Account tab when you log in to my.solavei.com.  Referrals and Promotions:  Solavei may provide benefits, such as free Service, if you refer new customers to Solavei or qualify for other promotional programs the Company may offer from time to time.  The terms and qualifications for such benefits will be described on Solavei’s web site.

5. Cancellation and Returns. Cancellation of Service:  You can cancel a new line of Service WITHIN 14 DAYS of enrolling for Mobile Service, or 30 days in California (the "Cancellation Period"). Device Refunds and Restocking Fees: To return any Solavei Device you acquired at the time of enrollment, you must return the device in its package with all original contents, undamaged and in good working condition with no material alterations to the device's hardware or software. If you return your device in a damaged, altered or destroyed condition, we may decline to accept the return of the device or charge you the cost of repairing the device, plus any shipping and handling charges.

6. Taxes, Fees, and Surcharges. You agree to pay all taxes, fees and surcharges (the “Fees”) imposed by governments or governmental entities on you or us as a result of our providing the Service to you. We may not give advance notice of changes in Fees. To determine Fees, we will use the street address you identified as your Place of Primary Use ("PPU"). If you did not identify the correct PPU, or if you provided an address (such as a post office box) that is not a recognized street address, you may be assigned a default location for tax purposes. Any dispute of the jurisdiction assigned must be submitted within 60 days of the billing in which the Fees were assessed.  Fees include (a) Government Taxes & Fees: These Fees are typically imposed by jurisdictions directly on you, the user of the telecommunication services. Such Fees include, but are not limited to, sales tax; and  (b) Other Surcharges: These surcharges include, but are not limited to, charges that Solavei incurs to provide the Service and that we must collect by law but are not imposed directly on our customers. Examples include, but are not limited to, federal or state Universal Service fees, regulatory fees, excise taxes and gross receipts taxes. These surcharges will apply whether or not you directly benefit from the programs, activities or services included in the surcharge. The components and amounts of the Fees are subject to change without notice.

7. Unpaid Charges.  If we do not receive payment in full for a Solavei Device, for the Service, or for any other amount owed to us by you (for example, in the case of a credit card chargeback in which a charge is disputed after you have received a Solavei Device from us), you may be charged a late fee of the greater of 1.5% per month (18% annually) or $5 per month, subject to the maximum allowed by law. We may use all lawful means to collect the amount owed and seek the return of any Device for which payment has not been received. If you fail to pay fees or any other amounts owed to Solavei under this agreement and Solavei refers your accounts(s) to a third party for collection, then Solavei will also charge you a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18%, to cover Solavei’s collection-related costs. If we accept late or partial payments, we do not waive our right to collect all amounts that you owe, including late fees. If any payment is dishonored or returned for any reason, we may charge you the maximum amount allowed under applicable law.

8. Your Right to Dispute Charges. Unless otherwise provided by law, you agree to notify us of any dispute regarding amounts owed to us within 60 days after the date you first incur the disputed amount. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in arbitration or in court. If you accept a credit, refund or other compensation or benefit to resolve a disputed amount, you agree that the issue is fully and finally resolved. For unresolved disputes see Section 26. To contact or notify us, see Section 15.

9.  Our Rights to Make Changes. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. AS PROVIDED ABOVE, WE CAN CHANGE ANY TERMS IN THESE T&CS AT ANY TIME.

10. International Long-Distance Calls.  You may be able make international long-distance calls from inside the United States through services provided by a third party who has contracted with Solavei to provide such services to users of the Service. See solavei.com for available countries and details.

11. Your Phone Number, Your Device, and Compatibility with Other Networks. Except for any legal right you may have to port or transfer your phone number, you will acquire no ownership rights in any number assigned to you. The wireless telecommunications networks used to provide the Service (the “Solavei Network”) are owned and operated by other licensed entities, not Solavei. Your Solavei Devices may not be compatible with the network and services provided by another service provider.  Devices not purchased from Solavei (“Non-Solavei Devices”) must be compatible with the Solavei Network for use with the Services, and such devices may not work on the Solavei Network. A Solavei Device is approved by Solavei only for use with Solavei Service. Solavei reserves the right to prevent a Non-Solavei Device from being used on the Solavei Network. At times we may remotely change software, systems, applications, features or programming on your Device without notice to address security, safety or other issues that impact the Solavei network or your Device. These changes will modify your Device and may affect or erase data you have stored on your Device, the way you have programmed your Device, or the way you use your Device. We may offer you changes to systems, applications, features or programming remotely to your Device; you will not be able to use your Device during the installation of the changes even for emergencies.

12. Roaming. Your Device may connect to another provider's network ("Off-Net") even when you are within the Solavei coverage area. You must use your Device predominantly within the Solavei Network coverage area. If your Off-Net voice usage or messaging usage exceeds an acceptable level, it may be necessary to terminate your service. We may terminate your Service in our discretion and without prior notice if you no longer reside in a Solavei Network coverage area, if your Off-Net usage makes it uneconomical for Solavei to provide Service to you, or if required under Solavei's arrangements with its wholesale service providers.

13. Important Emergency and 9-1-1 Information. When making a 9-1-1 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. Solavei is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided.  9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded. We may use a variety of information and methods to determine the location of a 9-1-1 call, including Global Positioning Satellites, or our wireless network.  Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third party entities are involved in connecting a 9-1-1 call and Solavei does not determine the public safety agency to which your 9-1-1 call is routed. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented.

14. Data Usage and Other Features. Permissible and Prohibited Uses:  The Solavei Network is managed to facilitate the proper functioning of the Network as a whole and to provide a good experience to the majority of our customers.  Services that require consistent high speeds, such as video calling, may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we may implement other network management practices, such as caching less data, using less capacity, and sizing video more appropriately for a Device, to transmit data files more efficiently. These practices are agnostic to the content itself and to the websites that provide it. While we avoid changing text, image, and video files in the compression process when practical, the process may affect the appearance of files as displayed on your Device. Downloadable Content and Applications: Most content or applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) ("Content & Apps") that you can purchase for your Device are not sold by Solavei, and Solavei is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or web site you may be able to access through the Content & Apps. Unless otherwise stated, any support questions for these Content & Apps must be directed to the third party seller. You may be able to restrict access and certain services by implementing controls available at support.solavei.com or by calling Solavei. When you use, download or install Content & Apps sold by a third party seller, you may be subject to license terms between you and third parties. When you use, download, or install Content & Apps that you purchase from Solavei, the Content & Apps are licensed to you by Solavei and may be subject to additional license terms between you and third parties. You may not transfer, copy, distribute, or reverse engineer any Content & Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content & Apps. Content & Apps may not be transferable from one Device to another Device. Some Devices or Content & Apps may continue to have contact with our network without your knowledge, which may result in additional Charges. Software on your Device may automatically shut down or limit the use of Content & Apps or other features or Services without warning. Solavei is not responsible for any third party content, advertisements, or websites you may be able to access using your Device. Use of Information: You agree that Solavei may update your Content & Apps remotely, or may disable or remove any Content & Apps at any time. Refer to Solavei's Privacy Policy at solavei.com/privacy, as well as the Content & Apps creator/owner's privacy policy, for information regarding use of information collected when you download, install, or use any third party Content & Apps. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content & Apps.

15. Notices and Customer Communications. You expressly consent to be contacted by Solavei or any Solavei Brand Partner, for any and all purposes, at any telephone number, email address or physical address you provide to us or that we provide to you. You agree that Solavei may contact you in any way, including pre-recorded or artificial voice or text messages delivered by an automatic telephone dialing system, or e-mail messages delivered by an automatic e-mailing system. Notices from us to you are considered delivered when we send them to your Device or by email or fax to any email address you provided to us, or 3 days after mailing to your billing address. You agree that all electronic communications via email or postings on www.solavei.com or support.solavei.com satisfy any writing requirements under the law. Such communications may pertain to agreements between you and Solavei, notices about security issues or our Privacy Policy, mandatory disclosures, or any other matters Solavei deems important. 

You may contact our Member Support department at support.solavei.com, by calling 1-866-SOLAVEI (1-866-765-2834, or by writing to: Solavei Member Support, P.O. Box 971, Bellevue, WA 98009. Notices from you to us are considered delivered when you send an email or 3 days after mailing to the addresses above.

To begin arbitration or any other legal proceeding, you must serve our registered agent. Our registered agent is Corporation Service Company and can be contacted at 1-866-403-5272.

16. Lost or Stolen Devices. You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. If you request that we not suspend your Service, you will remain responsible for payments for all services used from your account. We may prevent a lost or stolen Device from registering on any network.

17. Misuse of Service or Device – Your Representations: By activating or renewing Service with Solavei, you agree that you do so because you want Service from Solavei and not for any other purposes. You agree not to misuse the Service or Device, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person, or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or "denial of service" attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) tampering with or modifying your Solavei Device; (e) "spamming" or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (f) reselling Solavei Devices for profit, except as expressly authorized under, and in the context of, a duly executed Brand Partner Agreement between you and Solavei, or tampering with, reprogramming or altering Solavei Devices for the purpose of reselling the Service; (g) using the Service in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, "bots" or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (h) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Solavei's or another entity's network or systems; (i) running software or other devices that maintain continuously active Internet connections when a computer's connection would otherwise be idle, or "keep alive" functions (e.g. using the Service for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); (j) using your Device as a “hotspot,” or modem, or tethering your Device to a personal computer or other hardware; or (k) assisting or facilitating anyone else in any of the above activities. Unless authorized by Solavei, you agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. You agree that a violation of this section harms Solavei, and cannot be fully redressed by money damages, and that if such a violation occurs Solavei shall be entitled to immediate injunctive relief in addition to all other remedies available.  SIM Cards: You agree to safeguard your SIM card and not allow any unauthorized person to use your SIM card.  You agree not to alter, bypass, copy, deactivate, remove, reverse-engineer, or otherwise circumvent, clone, or reproduce the encoded information stored on, or the encryption tools of, your SIM card in any shape or fashion, or through any third party. Any usage contrary to this paragraph may result in immediate Service termination. 

18. Social Commerce Community Platform.  Solavei grants you a non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable, license, during the term of these T&Cs, and solely and directly for Solavei activities, to access and use the SCCP. Such license does not include or authorize, and you agree to refrain from: (a) any resale or commercial use of the SCCP; (b) the collection and use of any user listings, pictures, profiles, ratings, or descriptions; (c) the distribution, public performance, or public display of any part of the SCCP; (d) modifying or otherwise making any derivative uses of the SCCP, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the SCCP or any information contained therein, except as expressly permitted on the SCCP; (g) any use of the SCCP other than for its intended purpose; (h) decompiling, disassembling, reverse engineering, or otherwise attempting to derive the source code for the SCCP or any software associated with the SCCP; and (i) altering or removing any copyright, trademark, or other protective notices contained in or on any portion of the SCCP. Any use of the SCCP other than as specifically authorized herein, without the prior written permission of Company, 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 this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.  The Company hereby reserves all rights not expressly granted in this Agreement. The SCCP allows you to communicate with other Solavei Members, see the status of your Solavei account, and participate in other activities. The SCCP is owned by Solavei and incorporates proprietary technology and intellectual property owned by the Company.  You may not modify the SCCP in any way, or use or disclose the SCCP for any commercial purpose other than may be permitted under a duly executed Brand Partner Agreement between you and Solavei. 

19.  Our Rights to Limit or End Service or the Agreement. WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR THESE T&CS WITHOUT NOTICE FOR ANY REASON, including without limitation, if you, any user of your Device, or any user on your account: (a) breaches the T&Cs; (b) provides inaccurate information or information we can't verify; (c) lives in an area where we don't provide Service or your Off-Net usage makes it uneconomical for Solavei to provide Service to you (see Section 12); (d) transfers Service to another person without our consent; (e) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (f) misuses your Service or Device as described in Section 17;  (g) causes Solavei to breach an agreement with any wireless carrier or to incur any material added expense; or (h) use(s) your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us.  We may impose usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as access to an international long-distance provider), in our sole discretion and without notice. If we limit, suspend or terminate your Service and later reinstate your Service, you may be charged a fee. If your Service or account is limited, suspended or terminated and then reinstated, you will be charged a reactivation upon re-enrollment.

20. Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of Solavei or any third party. Except for a limited license to use the Services and except as expressly authorized under a duly executed Brand Partner Agreement between you and Solavei, your purchase of Services and Devices does not grant you any license to copy, distribute, modify, reverse engineer, download, redistribute, or resell the intellectual property of Solavei or others related to the Services and Devices; this intellectual property may be used only with the Service unless expressly authorized by Solavei. You agree that a violation of this section harms Solavei, and cannot be fully redressed by money damages, and that if such a violation occurs Solavei shall be entitled to immediate injunctive relief in addition to all other remedies available.

21. Digital Millennium Copyright Act ("DMCA") Notice. If you believe that material available through our Services or Devices infringes your copyright, notify us as provide in Section 15.  After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA.

22. Privacy Information. Our Privacy Policy governs how we collect and use information related to your use of our Service and is available online at solavei.com/privacy. You agree to our Privacy Policy and agree that we may change our Privacy Policy without direct notice to you. You agree to check our website for Solavei’s updated privacy policies. Notwithstanding the foregoing, if we change our privacy policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change. Data on your device may automatically be stored on your SIM card, Device, or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our network servers. Some Devices automatically upload stored information (such as your address book, ringtones, or other data) to Solavei network servers. You may choose not to use this service by contacting Solavei Member Support; in this case, your Device will continue to upload your information to our servers but Solavei will not retain the information. Not using this service may result in the loss of functionality or the availability of certain services or features, and the permanent loss of information stored on a lost or stolen Device. You or Solavei may be able to remotely access or delete information stored on your Device or on support.solavei.com.

23. Disclaimer of Warranties. EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A SOLAVEI DEVICE YOU PURCHASE FROM US, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CANNOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMER, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

24. Waivers and Limitations of Liability. UNLESS PROHIBITED BY LAW, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES REGARDLESS OF THE THEORY OF LIABILITY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER.  THIS LIMITATION SPECIFICALLY INCLUDES LACK OF RECOVERY FOR LOSS OF ANTICIPATED BENEFITS OR MONEY, LOSS OF DATA, ANY DOWNTIME LOSS, OR ANY OTHER SIMILAR DAMAGES YOU MAY SUFFER TO YOURSELF OR YOUR PROPERTY.  THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY, OR FOR PROBLEMS CAUSED BY SOLAVEI’S SERVICE, DEVICE, OR ANY OTHER ASPECT OF ITS BUSINESS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES. SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITS ON LIABILITY SO THESE LIMITS MAY NOT APPLY TO YOU.             

25. Indemnification. You agree to defend, indemnify, and hold us harmless from any claims arising out of use of the Service or Devices, breach of the T&Cs and all representations and warranties herein, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service or Device.

26. Dispute Resolution and Arbitration. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE T&CS, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT. This includes any claims against other parties (such as our Brand Partners) relating to Services or Devices provided or billed to you whenever you also assert claims against us in the same proceeding. We each also agree that the T&Cs affect interstate commerce so that the Federal Arbitration Act and federal arbitration law apply.  THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT.

For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending us a written description of your claim as provided in Section 15 above. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. We each agree that if you fail to pay amounts due on a timely basis, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.

Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent as provided in Section 15 to begin arbitration. The American Arbitration Association (AAA) will arbitrate all disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. All fees and expenses of arbitration will be divided between you and Solavei in accordance with the AAA Rules, except that Solavei will reimburse you for the amount of the filing fee in the event you prevail in the arbitration. Each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. Except as otherwise provided in these T&Cs, an arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law any claims for punitive or exemplary damages. Unless Solavei and you agree otherwise, the location of any arbitration shall be Seattle, Washington. Except where prohibited by law, Solavei and you agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither you nor Solavei shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court having jurisdiction thereof

CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.

JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.

27. Enforceability and Assignment. A waiver of any part of the T&Cs in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we don't enforce our rights under any provisions of the T&Cs, we may still require strict compliance in the future. Except as provided in Section 26, if any part of the T&Cs is held invalid that part may be severed from the T&Cs. You may not assign the T&Cs or any of your rights or duties under them without our written consent. We may assign all or part of the T&Cs or your debts to us without notice. The T&Cs are the entire agreement between us and define all of the rights you have with respect to your Service or Device, except as provided by law, and you cannot rely on any other documents or statements by any sales, service representatives, Solavei Brand Partners or other parties. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; Solavei is not a party to that agreement. The original version of these T&Cs is in English. To the extent there are conflicts between the English version and any other language version, the English version will control. Any determination made by us pursuant to these T&Cs, shall be in our sole reasonable discretion. The following paragraphs continue after termination of our T&Cs with you: 2, 4, 5, 6, 7, 8, 12, 14, 15, 16, 17, 20, 22, 23, 24, 25, 26, 27 and 28.

28. Choice of Law. These T&Cs are governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington without regard to the conflicts of laws rules of that state. Foreign laws do not apply. Arbitration or court proceedings must be in King County, Washington. If any provision of the T&Cs is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.

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