Terms & Conditions - EZ Melts

Terms & Conditions

Agreement Between User and Solara

The network of Web Sites (collectively, the “Solara Web Sites”) operated by Solara, Inc. (referred to as “Solara” in this document), is comprised of various Web sites and Web pages. The Solara Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Solara Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Solara website included within the Solara Web Sites network may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”). Additionally, the Solara Web Sites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Solara website, then these terms shall control.

Please read carefully the following Terms of Use and Disclaimers carefully before using this website (this “Site”).

By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

 

Modification of these Terms of Use

Solara reserves the right to change the terms, conditions, and notices under which the Solara Web Sites are offered, including but not limited to the charges associated with the use of the Solara Web Sites. You are responsible for regularly reviewing these terms and conditions.

 

Use of site

Unless otherwise specified, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Solara Web Sites.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with Solara or to purchase Solara products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Solara is strictly prohibited.

Harassment in any manner or form on the Site or any of the Solara Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Solara employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

The statements made in this site have not been reviewed by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. This site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through this site, including information that may be provided directly or via linking to third-party sites are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.

The information provided on this Site and Linked Sites (as defined), including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements.

 

Payment methods and Billing

If you wish to purchase Products at the Site, you must provide valid credit or debit card information on the Site’s order form. We currently accept the following credit or debit cards: VISA, MASTERCARD, AMERICAN EXPRESS and DISCOVER.. By submitting such credit or debit card information, you give Solara permission to charge your purchases to the card that you designate on the order form. We reserve the right to cancel any order, any time and for any reason. If your credit or debit card has already been charged and your order is cancelled, you shall receive a credit to your card account in the amount of the charge. We will not be responsible (i) for any charges that your card issuer may apply to you as a result of our processing your order, (ii) if your card issuer refuses or fails to authorize payment by you, or (iii) for any delays or non-delivery of Products that may arise due to any validation checks that may be carried out regarding your payment or identification.

I. Purchases

If you make a purchase on the Site, your purchase will be subject to the terms of our Purchase Policy, which is hereby incorporated into and made part of this Agreement. Please review our Purchase Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy.

II. Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.

Some situations that may result in your order being cancelled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card has been charged, we will issue a credit to your card in the amount of the charge.

III. Order Returns

You may return any unopened, sealed item purchased from Solara for any reason within thirty (30) days of purchase. You will receive a full refund for unopened items in the original form of payment. You may mail the Product and receipt to our mailing address. Shipping and handling charges are non-refundable. For returns via mail, you must carefully package the Product, you are responsible for the cost of return shipping, and we must physically receive the return within the 30 day period. Solara reserves the right, at its sole discretion, to reject any return that does not comply with these requirements.

IV. Shipping and Handling

The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

If you place an order for shipment to an international address, you will be responsible for paying any VAT and other taxes, tariffs, import or export duties, and other similar fees imposed on such orders. These taxes, duties and fees, if assessed, are the sole responsibility of the package recipient, who will be billed for them by the local Customs office. International shipment rates vary based on total package weight and final destination. Pricing on the Site does not include duties, insurance costs, tariffs, or value-added taxes.

With respect to shipments of Products to consumers, wherever they may reside, title to Products and risk of loss shall pass to the buyer upon delivery of the Products to the common carrier. You are solely responsible for providing us with accurate shipping information, and in the event that any Product is returned to us as a result of your failure to do so, you shall be responsible for any additional shipping fees or other charges that may be applied. For more information on shipping our Shipping Policy, please click here.

V.Quantity Limits and Items for Resale

Solara reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Solara also reserves the right to prohibit sales to dealers.

 

Privacy

Use of this Site is subject to the terms of our Privacy Policy.

 

Copyrights and Trademarks

The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Solara. The collective work includes works that are licensed to Solara. Copyright 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Solara, or other respective owners that have granted Solara the right and license to use such Marks.

Notices and procedures for making claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Solara respects the intellectual property of others, and we ask our users and visitors to do the same. Solara will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Solara will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Solara the following information. Please be advised that to be effective, the Notification must include ALL of the following:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

2. a description of the copyrighted work that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the Site;

4. your address, telephone number, and email address and all other information reasonably sufficient to permit Solara to contact you;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notices of claimed copyright infringement should be directed to:

By mail:
Solara, Inc.
Legal Dept.
8376 NW 64 Street
Miami, FL 33166

By fax:
(305) 592-3290

By Email:
jrocca[at]solaralabs.com

(Please include “Notice of Infringement” in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SOLARA THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

 

Typographical Errors

In the event a Solara product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Solara shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Solara shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Solara shall issue a credit to your credit card account in the amount of the incorrect price.

 

Termination

These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Solara without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

 

User Participation

Solara does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Solara is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Solara reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Solara at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Solara in accordance with Solara’s Privacy Statement.

 

User Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. Solara will have no obligations with respect to the Communications. Solara and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

 

User Chat Rooms

Solara may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Solara, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

 

Third-Party Links

In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with Solara, Solara has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Solara. Solara has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Solara sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Solara seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

 

Claims

Each claim or statement about the effectiveness of Solara products and/or each claim or statement comparing the effectiveness of Solara products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.

 

Limitation of Liability

IN NO EVENT SHALL SOLARA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SOLARA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnification

You agree to indemnify, defend, and hold harmless Solara, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

 

Applicable Laws

Your use of this Site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Solara products) shall be in the state or federal courts located in Dade County, Florida. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Solara products) must be commenced within one (1) year after the claim or cause of action arises. Solara’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Solara may assign its rights and duties under this Agreement to any party at any time without notice to you.

Solara makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Florida do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Florida.
Arbitration

By using this Site, you agree that Solara, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
General

Solara may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

 

Our Address

Solara, Inc.
8376 NW 64 Street
Miami, FL 33166

 

Copyright Policy

 

The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Solara, Inc.

The collective work includes works that are licensed to Solara, Inc. Copyright 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Solara, Inc., or other respective owners that have granted Solara, Inc. the right and license to use such Marks.

 

Disclaimers

Solara, Inc. makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites. Solara does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOLARA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SOLARA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOLARA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

FDA Disclaimers

These statements have not been reviewed by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.

Solara, Inc. has provided this material for your information. It is not intended to substitute for the medical expertise and advice of your primary healthcare provider. We encourage you to discuss any decisions about treatment or care with your healthcare provider.