TERMS AND CONDITIONS OF USE
Thank you for visiting our website. If you want to use solcbd.com, you must agree to conform to and be legally bound by the terms and conditions described below.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.
The charges on your statement will appear as Solcbd8004135420.
We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS
Our anti-Spam policy is part of, and subject to, these terms and conditions of use. You may view our anti-Spam policy on solcbd.com.
COMPENSATION DISCLOSURE POLICY, IF ANY, IS PART OF THESE TERMS AND CONDITIONS
If there is a Compensation Disclosure Policy on solcbd.com, the policy is part of, and subject to, these terms and conditions of use.
MODIFICATIONS AND TERMINATIONS
These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website.
We may terminate these terms and conditions of use for any reason and at any time without notice to you.
If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to contact[at]solcbd.com, and providing us with information relating to your concern.
You understand and agree that your use of our website is limited and non-exclusive as a nontransferable revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to contact[at]solcbd.com.
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to contact[at]solcbd.com, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided and is not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
OBSCENE AND OFFENSIVE CONTENT
We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to contact[at]solcbd.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION
You agree to obey all applicable laws while using our website.
You agree that the laws of Nevada govern these terms and conditions of use without regard to conflicts of laws provisions.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Las Vegas, Nevada, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
SEVERABILITY OF THESE TERMS AND CONDITIONS
If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
MOBILE MARKETING TERMS AND CONDITIONS
IMPORTANT: The “Dispute Resolution” section below requires you to arbitrate claims you may have against HalcyonPublishing LLC on an individual basis to resolve disputes, rather than jury trials or class actions. It affects your legal rights. Please read it carefully.
Providing Consent: You must provide express written consent to subscribe to marketing messages from us. We may request and you may provide this consent via email, website or application webform, text message, telephone keypress, voice recording, or any other method permitted by law. Your consent is not required to make any purchase from us. Your consent corresponds to the phone number you designate. By providing us your phone number and consenting to receive our marketing messages, you confirm that you are the owner of the phone number, control access to that number, and will notify us of any change to your phone number. In the event you change your phone number with us, you agree that we may continue to send you marketing messages at your new phone number unless you revoke your consent.
Revoking Consent: If you wish to unsubscribe from receiving our marketing messages or no longer agree to this Mobile Marketing Agreement, you may revoke your consent and opt out of receiving marketing messages by, among other things, replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT or something similar to any marketing message from us. If you unsubscribe from one of our text message programs, you may continue to receive text messages through any other programs you have joined until you separately unsubscribe from those programs.
Duty to Notify and Indemnify for Abandoned Phone Number: If at any time you intend to stop using the telephone number that you designated to receive our marketing messages, including by canceling your service plan or selling or transferring the phone number to another party, you agree that you will unsubscribe and revoke your consent in accordance with the process set forth above prior to ending your use of the telephone number. You understand and agree that your agreement to do so is a material part of this Mobile Marketing Agreement. If you discontinue the use of your telephone number without notifying us of such change, you agree to defend, release, indemnify, and hold harmless us and our officers, directors, employees, and representatives from and against any and all losses, claims, liabilities, injuries, costs, damages, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) arising out of or relating to, directly or indirectly, your failure to notify us of such change, including those resulting from a breach of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder. This duty and agreement shall survive any cancellation or termination of this Mobile Marketing Agreement.
Description of Content: Users that consent to receive marketing messages from us can expect to receive messages concerning the marketing and sale of our digital and physical products, services, and events.
Frequency: We may send you recurring marketing messages on a periodic basis. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the phone number from which messages are sent and we will notify you when we do so.
Cost: Message and data rates may apply to the messages we send you or that you send to us or when you click on web links in our messages.
Support Instructions: If you need assistance or have questions regarding our marketing messages, email us at email@example.com.
Disclaimer of Warranty and Limitation of Liability: We make no representations or warranties, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose, suitability, or performance to you in connection with, arising out of, or relating to your subscription to our marketing messages. We do not guarantee the delivery of SMS and MMS messages. Message delivery is subject to effective transmission from your wireless service provider and is outside of our control. Accordingly, the delivery may not be available in all areas at all times, and messages may not be delivered in the event of product, software, coverage, or other changes made by your wireless service provider. You agree that neither we nor our vendors, suppliers, or licensors shall be liable for any delayed or failed delivery of any message we send you or you send us, including any damage or injury caused by delayed or failed delivery of any message.
Participant Requirements: You must own a wireless device capable of two-way messaging, be a wireless service subscriber of a participating wireless service provider, and have a wireless service plan with messaging service. If your wireless device or service plan does not support MMS messaging, we may send you SMS messages instead.
Age Restrictions: You may not subscribe to our marketing messages if you are under thirteen (13) years of age. If you are between thirteen (13) and eighteen (18) years of age, you must obtain permission from your parent or legal guardian to subscribe to our marketing messages.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and us, or between you and Kinnekt or any other third-party service provider acting on our behalf to transmit our marketing messages, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy shall be, to the fullest extent permitted by law, resolved only by final and binding, bilateral arbitration in New York, New York before a single neutral arbitrator. You agree that we and you are each waiving the right to sue in court, except for disputes, claims, or controversies that qualify for small claims court, and the right to have a trial by jury. You agree that any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equitable theory. The arbitrator shall decide the enforceability of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The interpretation and application of this Mobile Marketing Agreement shall otherwise be governed by the laws of the state in which the Company’s principal place of business is located.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. The parties agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear an equal share of the fees paid for the arbitrator and shall bear its own costs relating to the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of this Mobile Marketing Agreement.
Acceptable Use Policy: We utilize third-party service providers to transmit our marketing messages messaging platform, which is subject to certain prohibited uses under the messaging platform acceptable use policy of Zipwhip (“AUP”), which terms can be found at www.zipwhip.com/terms or as such AUP may be relocated and updated by Zipwhip on its website from time to time (“AUP Terms”). In the event of any conflict between this Mobile Marketing Agreement and the AUP Terms, the AUP Terms shall supersede to the extent of any actual conflict. By agreeing to this Mobile Marketing Agreement, you also agree to the AUP Terms.
PROHIBITED USES AND ACTIVITIES
You may not violate any applicable laws, rules and regulations applicable to you, in connection with, the following:
You agree to review the website periodically to be aware of any changes or modifications. If you do not agree to the changes in the AUP Terms, you must discontinue use of the messaging platform. Your continued use of the messaging platform shall be deemed your conclusive acceptance of any such revisions.
Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to this Mobile Marketing Agreement and to perform your obligations herein, and nothing contained in this Mobile Marketing Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights herein. If any provision of this Mobile Marketing Agreement, including any part of the “Dispute Resolution” section, is held unlawful, void, or for any reason unenforceable by a court or agency of competent jurisdiction, that part may be severed from this Mobile Marketing Agreement and the remaining provisions shall remain in full force and effect. Any new features, changes, updates or improvements related to our marketing messages shall be subject to this Mobile Marketing Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Mobile Marketing Agreement from time to time and we will provide you with notice of material changes. You acknowledge your responsibility to review this Mobile Marketing Agreement from time to time and to be aware of any such changes. By maintaining your consent to receive marketing messages from us after any such changes, you accept this Mobile Marketing Agreement, as modified.
HOW TO CONTACT US
Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to contact[at]solcbd.com, and providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
Halcyon Publishing LLC
4262 Blue Diamond Rd
Las Vegas, NV 89139
These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website.
This Terms and Conditions of Use was last updated on June 6th 2021.