This Agreement is made between Solid.Fit Software, LLC. (“Solid.Fit”), a Texas Limited Liability Company, having its principal offices at 3517 Asset St, Garland, TX 75042, and individual who registered.
Terms of Service (“Terms”)
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the Solid.Fit Office Products (the “Services”) operated by Solid.Fit Software, LLC (“Solid.Fit”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services. By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service. Our Services are available for your use in your country of residence (“Home Country”). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.
All copyright, trade marks, design rights, patents, and other intellectual property rights (registered and unregistered) in and on Solid.Fit Office Product belongs to Solid.Fit Software, LLC. Solid.Fit reserves all of its rights in Content and Services. Nothing in the Terms grants you a right or license to use any trade mark, design right or copyright owned or controlled by Solid.Fit or any other third party except as expressly provided in the Terms.
- We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing 30 days prior to termination, or unless a refund is required by law.
Disclaimer of Warranties; Liability Limitation
- Solid.Fit does not guarantee, represent, or warrant that your use of the Serice will be uninterrupted or error-free, and you agree that from time to time Solid.Fit may remove the Service for indefinite periods of time, or cancel the Service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by Solid.Fit) provided “AS IS and “AS AVAILABLE” for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement, because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
- Solid.Fit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Solid.Fit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
- Our Service may contain links to third party sites of services that are not owned, operated, or controlled by Solid.Fit. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
IN NO CASE SHALL SOLID.FIT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, SOLID.FIT’S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
SOLID.FIT SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE SOLID.FIT FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
SOLID.FIT DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE SOLID.FIT FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.
SOLID.FIT IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING FILES OVER A DATA CONNECTION.
WAIVER AND INDEMNITY
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD SOLID.FIT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY SOLID.FIT AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM SOLID.FIT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SOLID.FIT’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
These Terms shall be governed and construed in accordance with the laws of Dallas, Texas, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Solid.Fit, and all Transactions on the Services shall be governed by the laws of the State of Texas, excluding its conflicts of law provisions. You and Solid.Fit agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dallas, Texas to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Our Services may allow you to submit materials such as text, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submissions Guidelines, please report such content immediately. You hereby grant Solid.Fit a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit and not explicity marked private within the Services and related marketing. Solid.Fit may monitor and decide to remove or edit any submitted material. Solid.Fit reserves the right to warn and/or suspend users at any time deemed necessary for failure to comply to submission guidelines/postings or due to conduct deemed to be inappropriate at the discretion of Solid.Fit.
You may not use the Services to:
- post any materials that you do not have permission, right or license to use;
- post objectionable, offensive, unlawful, deceptive or harmful content;
- post personal, private or confidential information belonging to others;
- request personal information from a minor;
- impersonate or misrepresent your affiliation with another person, or entity;
- post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
- plan or engage in any illegal, fraudulent, or manipulative activity.
Maintenance and Support
Solid.Fit is responsible for providing maintenance and support for Solid.Fit Services only, or as required under applicable law. You are responsible for providing maintenance and support for any and all Third Party Apps.
Licensed Application and End User Agreement
Services made available are licensed, not sold, to you. Your license to each Service is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Service Provider (“Custom EULA”), if one is provided. Your license to any Solid.Fit Service under this Standard EULA or Custom EULA is granted by Solid.Fit, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any Service that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Solid.Fit as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
You agree that Solid.Fit may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Terms and Conditions
- As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended. Any other use of the Service and/or content is a material breach of this Agreement. By way of example, and not as a limitation, you agree not to use the Services:
- To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person; for any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- With the exception of RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Site; or (iii) bypass any measure we may use to prevent or restrict access to the Service.
- Usage of the Solid.Fit video and conferencing services is limited to twenty (20) hours. Any subsequent hours will be billed at five (5) cents per minute.
- Usage of the Solid.Fit phone services is limited to forty (40) hours. any subsequent hours will be billed at five (5) cents per minute.
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
You are hereby subject to the terms established in our continued agreements user terms.
This agreement covers affiliated deployments of partner software, but does not include the full extent of terms of service provided by partner deployments such as CAN (Christmas Abbott Nutrition). Other terms may apply from affiliated partners for the users of their software brands.
This Agreement constitutes the entire agreement between you and Solid.Fit and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and Solid.Fit. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or additional services. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Solid.Fit’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Solid.Fit will not be responsible for failures to fulfill any obligations due to causes beyond its control.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No Solid.Fit employee or agent has the authority to vary this Agreement.
Solid.Fit may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. Solid.Fit may also contact you by email or push notification to send you additional information about the Services.
You hereby grant Solid.Fit the right to take steps Solid.Fit believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Solid.Fit has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Solid.Fit believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Solid.Fit’s right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party’s rights).
Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.