PRIVACY POLICY

Last Modified: June 10, 2019

INTRODUCTION

This privacy policy (“Privacy Policy” or “Policy”) is intended to inform you about how Solara Medical Supplies LLC having an address at 2084 Otay Likes Road, Chula Vista, California 91913 (“Company,” “we,” “our,” and/or ‘us”), collects and uses personally identifiable information uploaded or otherwise submitted to us through the Solara Medical Supplies software application you have downloaded to your devise (the “App”). The App enables users who have downloaded it (“you,” “your,” and/or “yours”) to use the App. The Company respects your privacy and we are committed to protecting it through our compliance with this Policy. This Policy sets forth the types of information we may collect or that you may provide when you download, install and/or register with, access or use the App as well as our practices for collecting, using, maintaining, protecting and disclosing that information.

This Privacy Policy applies only to information we collect in this App and other electronic communications in connection with this App such as readers. This Policy DOES NOT apply to: (a) information that we collect offline or on any other Company apps or websites, including websites you may access through this App; or (b) information that you provide to or is collected by any third party. Our websites and other apps and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with or use this App. By downloading, registering with or using this App, you agree to this Privacy Policy. This Policy may change from time to time. Your continued use of this App after we make changes is deemed to be your conclusive acceptance of those changes, so please check the Policy periodically for updates. If you do not agree to abide by the initial version or any modified version or any modified version of this Privacy Policy, then you are not authorized to use the App.

CHILDREN UNDER THE AGE OF 13

The App is intended for general use of persons who are above thirteen (13) years of age. It is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at the contact information listed herein below.

INFORMATION WE COLLECT AND HOW WE COLLECT IT

We collect information from and about users of our App directly from you when you provide it to us and automatically when you use the App.

INFORMATION YOU PROVIDE TO US.

When you download, register with or use this App, we may ask you provide information: (a) by which you may be personally identified, such as name, postal address, email address or telephone number (“personal information”) and (b) that is about you but individually does not identify you. This information includes information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App and subscribing to our service. We may also ask you for information when you report a problem with the App.

AUTOMATIC INFORMATION COLLECTION AND TRACKING.

When you download, access and use the App, it may use technology to automatically collect:

  • Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data/location of data logs and other communication data and the resources that you access and use on or through the App.

  • Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, operating system, browser type, mobile network information and the device’s telephone number.

  • Location Information. This App collects real-time information about the location of your device and provides user authentication services. We collect the unique identifier from your Solara Medical Supplies profile.

If you do not want us to collect this information then do not download the App or delete it from your devise. You may also opt-out at any time by our opt-out method. Note, however, that opting out of the App’s collection of location information will cause its location-based features to be disabled.

THIRD-PARTY INFORMATION COLLECTION

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: analytics companies, your mobile devise manufacturer, your mobile service provider, and others. These third parties may use tracking technologies to collect information about our users. This may include information about users’ use of this App and other apps. We do not control these third parties’ tracking technologies or how they may be used.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information, to: (1) provide you with the App and its contents and any other information; (2) fulfill any other purpose for which you provide it; (3) give you notices about your account; (4) carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; and (5) notify you when App updates are available, and of changes to any products or services we offer or provide though it. The usage information we collect helps us to improve our App.

DISCLOSURE OF YOUR INFORMATION

The Company’s rights under this Privacy Policy may be assigned as determined by Company in its sole discretion to a third party or parties and such assignment will inure to the benefit of its successors, assigns and/or licensees. We may disclose aggregated information about our users and information that does not identify any individual without restriction. In addition, we may disclose personal information that we collect or you provide: (a) to individuals or entities that work with us or on our behalf as well as our subsidiaries and affiliates; (b) to contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them; (c) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company, its assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Company about our App users is among the assets transferred; (d) to fulfill the purpose for which you provide it; (e) for any other purpose disclosed by us when you provide the information; (f) with your consent; (g) to comply with any court order, law or legal process, including to respond to any government or regulatory request; (h) to enforce our rights arising from any contracts entered into between you and us, including the App EULA, and for billing and collection (to the extent applicable); and (i) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others.

YOUR CHOICES ABOUT OUR COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

  • Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information some parts of the App may then be inaccessible or not function properly.

DATA SECURITY

The Company takes steps consistent with commercially reasonable industry standards to secure personal information collected from you from loss, misuse, unauthorized access and accidental destruction while under our control. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password, passcode or pin for access to certain parts of our App, you are responsible for keeping this password, passcode or pin confidential. We ask you not to share your password, passcode or pin with anyone. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

CHANGES TO OUR PRIVACY POLICY

We may update our Privacy Policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable phone number for you and for periodically visiting this Privacy Policy to check for any changes.

End User License Agreement

Last Modified: June 10, 2019

If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.

This End User License Agreement (“EULA”) is an agreement between SOLARA MEDICAL SUPPLIES, LLC (“SOLARA MEDICAL SUPPLIES”, “we,” or “us”) and you.  This EULA applies solely to your use of the SOLARA MEDICAL SUPPLIES / Trace resupply app (the “Software”) and any information, services or functionality provided by or in connection with the Software, and any documentation or materials related to foregoing, and any services or goods provided by SOLARA MEDICAL SUPPLIES or one of its subsidiaries or affiliates (collectively, the “Services”). This EULA does not govern your use of any SOLARA MEDICAL SUPPLIES website (including www.Solara Medical Supplies,  the use of any of which is governed by separate Terms of Use currently available at www.Solara Medical Supplies), or any other website or app other than the Software, including any website or app operated by any SOLARA MEDICAL SUPPLIES affiliate.

Please read this EULA carefully and completely before using our Software or our Services. By tapping or clicking “I agree,” “I accept” or any other similar button or box with respect to this EULA, by installing or using our Software or by using our Services, you agree to be bound by this EULA, which incorporates by this reference any additional terms and conditions made available to you by SOLARA MEDICAL SUPPLIES in connection with the Software or the Services.

THIS EULA CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY USING THE SOFTWARE OR THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS EULA.

SOLARA MEDICAL SUPPLIES may modify this EULA at any time, and such modifications shall have immediate prospective effect following our notifying you of such modifications by any reasonable means, including by making available the modified EULA through the Software or the Services. ACCORDINGLY, YOU AGREE TO REVIEW THIS EULA PERIODICALLY, AND, FOLLOWING OUR MAKING AVAILABLE A MODIFIED EULA, YOUR INSTALLATION OF ANY NEW VERSION OF THE SOFTWARE, OR YOUR CONTINUED USE OF THE SOFTWARE OR THE SERVICES, SHALL BE DEEMED YOUR ACCEPTANCE OF THE MODIFIED EULA. The “Last Updated” legend above indicates when this EULA was last updated.

The information and resources contained on and accessible through the Software and the Services are made available by SOLARA MEDICAL SUPPLIES, its suppliers and vendors, and other third parties, in each case subject to your agreement to this EULA.

If you do not agree to this EULA, you may not use the Software or the Services. If you do not agree to the current version of this EULA, you are not entitled to download the Software or to use the Software or the Services, and you shall terminate the installation process and/or cease all use of the Software and the Services; if you have already downloaded the Software despite this prohibition, you must promptly delete the Software from your device and cease all use of any of the Services.

License

Subject to your compliance with this EULA, and solely for so long as you are permitted by SOLARA MEDICAL SUPPLIES to use the Software, SOLARA MEDICAL SUPPLIES grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license (without right of sublicense) to install and use the Software on your device solely for your personal, non-commercial use. The Software is licensed, not sold, to you.

 

You have no ownership rights in, or related to, the Software or the Services. As between SOLARA MEDICAL SUPPLIES and you, SOLARA MEDICAL SUPPLIES retains all right, title, and interest in and to the Software and the Services (including any changes, modifications, or corrections thereto).

 

Medical Information and Health Content

OUR SOFTWARE AND OUR SERVICES CONTAIN GENERAL MEDICAL AND PHARMACEUTICAL INFORMATION FOR EDUCATIONAL PURPOSES ONLY; IT IS NOT A SUBSTITUTE FOR MEDICAL JUDGMENT, ADVICE, DIAGNOSIS, OR

 

TREATMENT OF ANY HEALTH CONDITION OR PROBLEM.

The Software and the Services do not address all possible uses, actions, precautions, side effects, or interactions of drugs, nor do they provide comprehensive information concerning any particular disease or medical condition. You should consult with a professional health care provider prior to making any decisions or undertaking any actions or not undertaking any actions related to any health care problem or issue. If you have any questions about the risks or benefits of taking a particular drug or about a specific health condition, you should consult a licensed practitioner. You should never disregard, avoid or delay obtaining medical advice from a licensed practitioner because of information in the Software or the Services. Feeling indicators in the Software or the Services are for your own personal feedback and monitoring purposes. SOLARA MEDICAL SUPPLIES does not monitor any such information for purposes of providing medical care.

 

IF YOU ARE NOT FEELING WELL, PLEASE CONTACT AN APPROPRIATE HEALTH CARE PROFESSIONAL.

 

Proper treatment of health conditions depends upon a number of factors, including among other things, your medical history, diet, lifestyle, and medication regimen. Your health care provider can best assess and address individual health care needs. You should consult with your health care provider before starting a new diet, fitness, or supplement regimen. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed in the Software or the Services. SOLARA MEDICAL SUPPLIES does not endorse or verify manufacturers’ or others’ claims about the efficacy of these or any other products.

 

Reminders in the Software or the Services to take medication reflect merely an automated effort to provide notice, but this may not reflect current health care directions from your health care professional.

 

REMINDERS SHOULD NOT BE TAKEN AS MEDICAL ADVICE AND MAY NOT REFLECT ANY CHANGES IN TREATMENT DIRECTIONS AND MAY FAIL TO BE DELIVERED IF YOUR COMPUTING DEVICE OR THE SOFTWARE IS NOT FUNCTIONING AS PLANNED. IT IS IMPORTANT TO MAINTAIN A NON-ELECTRONIC REMINDER TO TAKE YOUR MEDICATION AS CURRENTLY DIRECTED IN THE EVENT YOUR DEVICE FAILS.

 

SOLARA MEDICAL SUPPLIES DOES NOT ACT IN RESPONSE TO YOUR MEDICATION REMINDER NOTICES OR YOUR RESPONSE OR LACK OF RESPONSE TO THESE NOTICES OR OTHERWISE PROVIDE HEALTH CARE ADVICE THROUGH THE SOFTWARE OR THE SERVICES.

 

INFORMATION RECEIVED VIA THE SOFTWARE OR THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE INFORMATION PROVIDED IN THE SOFTWARE AND THE SERVICES DOES NOT CONSTITUTE FINANCIAL, LEGAL, OR MEDICAL ADVICE. NO REPRESENTATION IS MADE REGARDING THE ACCURACY OR IMPORTANCE OF ANY INFORMATION REFERENCED HEREIN.

 

NO STATEMENTS MADE IN THE SOFTWARE OR THE SERVICES HAVE BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. NEITHER THE SOFTWARE NOR THE SERVICES ARE INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

 

SOLARA MEDICAL SUPPLIES DOES NOT PROVIDE ANY FORM OF INSURANCE. THE INCLUSION OF INFORMATION ABOUT ANY PARTICULAR PHARMACEUTICAL OR OTHER PRODUCT DOES NOT INDICATE ANYTHING ABOUT WHETHER ANY INSURANCE PLAN MAY OR MAY NOT PROVIDE BENEFITS WITH RESPECT TO THAT PRODUCT.

 

United States Only Restriction

The Software and the Services, including the information pertaining to SOLARA MEDICAL SUPPLIES, are intended for use only by residents of the United States, and are not intended to subject SOLARA MEDICAL SUPPLIES to any non-U.S. jurisdiction or law. The Software and the Services may not comply with legal requirements of foreign countries. Other countries may have laws, regulatory requirements and medical practices that differ from those in the United States. Any portion of the Software, the Services or any other product or service provided by SOLARA MEDICAL SUPPLIES is void where and to the extent prohibited by law, and you may not use the Software or the Services where it would be illegal to do so. We may limit the availability of the Software or the Services at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

 

Speech Data

As part of the Services, SOLARA MEDICAL SUPPLIES and/or its licensors may collect and use Speech Data in order to provide the Services and to tune, enhance, and improve the speech recognition and other components of the Services, and other services and products. You acknowledge, consent, and agree that SOLARA MEDICAL SUPPLIES and/or its licensors may collect the Speech Data as part of the Services and that such information will be used by SOLARA MEDICAL SUPPLIES and/or its licensors or third parties acting under its direction and/or the direction of its licensors, to tune, enhance, and improve the speech recognition and other components of the Services, and other services and products. SOLARA MEDICAL SUPPLIES will not use the information elements in any Speech Data for any purpose except as set forth herein or as required under applicable law. “Speech Data” means the audio files, associated transcriptions, and log files provided by you to SOLARA MEDICAL SUPPLIES hereunder or generated in connection with the Software or the Services.

 

Usage Rules and Requirements

You agree that your use of the Software and the Services shall be subject to and governed by any use requirements applicable to the Software or the Services that are established from time to time by SOLARA MEDICAL SUPPLIES or otherwise made available to you by SOLARA MEDICAL SUPPLIES. You agree to use the Software and the Services only in accordance with these requirements.

 

You acknowledge that the Software and the Services contain proprietary trade secrets of SOLARA MEDICAL SUPPLIES and/or its licensors and suppliers. You may not (a) submit any automated or recorded requests to the Software or the Services unless otherwise approved by SOLARA MEDICAL SUPPLIES; (b) access the Software or the Services with software or other means other than the Software; (c) copy, reproduce, port, translate, modify, distribute, sell, rent, lease, loan, timeshare, create derivative works based on, or otherwise exploit the Software or the Services or in any other manner duplicate the Software or the Services, in whole or in part; (d) decompile, disassemble, reverse engineer, or otherwise attempt to derive, reconstruct, identify, or discover any source code, underlying ideas, or algorithms of the Software or the Services by any means, except to the extent the foregoing restriction is prohibited by applicable law; (e) remove any proprietary notices, labels, or marks from the Software or the Services; (f) use the Software or the Services for purposes of comparison with or benchmarking against products or services made available by third parties; or (g) knowingly take any action that would cause the Software or the Services to be placed in the public domain. You agree to use the Software and the Services only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Software or the Services in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Software or the Services (including by means of hacking or defacing any portion of the Software or the Services, or by engaging in spamming, flooding, or other disruptive activities, including with respect to the servers or networks used to make the Software and the Services available) will not be tolerated. You are strictly prohibited from communicating on or through the Software or the Services any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

 

You must not (a) transmit or otherwise make available through or in connection with the Software or the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment; (b) harvest or collect information about users of the Software or the Services; or (c) systematically download and store Services content.

 

We reserve the right to terminate or suspend your access to and use of the Software or the Services without notice, if we believe, in our sole discretion, that your actions are in violation of any applicable law or are harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party partners, affiliates, sponsors, providers, licensors, or merchants.

 

With respect to any information you provide, you agree to provide true, accurate, current, and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep such information true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or if we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Software or the Services. Because any termination of your access to the Software or the Services may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Software or the Services. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the Software or the Services.

 

In connection with creating or maintaining an account, you may be asked to supply a user name and password, and/or a biometric identifier (such as a fingerprint or photograph of your face), or a personal identification number (PIN) or other access credential (collectively, “Access Credentials”) in order to use the Software and/or any or all of the Services. Further, the Software may use or permit the use of authentication technologies, such as Apple’s Touch ID technology (“Authentication Technologies“), in connection with your use of the Software and/or any or all of the Services, including in connection with your Access Credentials.

 

YOU ACKNOWLEDGE AND AGREE THAT, IF THE SOFTWARE USES OR PERMITS USE OF TOUCH ID OR OTHER BIOMETRIC-BASED AUTHENTICATION TECHNOLOGY, ANYONE WITH A RELEVANT BIOMETRIC IDENTIFIER (SUCH AS A FINGERPRINT, IN THE CASE OF TOUCH ID) STORED ON YOUR DEVICE MAY HAVE ACCESS TO YOUR ACCOUNT AND BE MAY BE ABLE TO USE THE SOFTWARE AND/OR ANY OR ALL OF THE SERVICES (INCLUDING TO MAKE OR ENGAGE IN TRANSACTIONS AND TO OTHERWISE AUTHORIZE PAYMENTS).

 

You are responsible for maintaining the confidentiality of your Access Credentials and are fully responsible for all activities that occur in connection with your Access Credentials. You agree to immediately notify us of any unauthorized use of your Access Credentials or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Software or the Services using your Access Credentials.

 

We may refuse to grant you an Access Credential requested by you that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. For security reasons, Access Credentials must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log out at the end of each session. All Access Credentials remain the property of SOLARA MEDICAL SUPPLIES, and may be cancelled or suspended at any time by SOLARA MEDICAL SUPPLIES without any prior notice or any liability to you or any other person. SOLARA MEDICAL SUPPLIES is not under any obligation to verify the actual identity or authority of the user of any Access Credential. If SOLARA MEDICAL SUPPLIES, in its sole discretion, considers an Access Credential to be insecure, then SOLARA MEDICAL SUPPLIES may cancel such Access Credential.

 

Any sweepstakes, contests, raffles, surveys, games or other promotions (collectively, “Promotions”) made available through the Software or Services may be governed by rules that are separate from this EULA. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this EULA, the Promotion rules will govern with respect to such Promotion.

 

Content, Copyrights, and Trademarks

The Software and any related documentation including the content made available by SOLARA MEDICAL SUPPLIES through the Software or the Services (collectively, the “Content”) is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by SOLARA MEDICAL SUPPLIES and/or its licensors and suppliers. Any copyright or trademark notices may not be deleted or altered in any way. Our copyrights and trademarks may not be used in connection with any products or services that are not ours, or in any manner that is likely to cause confusion or otherwise violate our rights.

 

As between SOLARA MEDICAL SUPPLIES and you, SOLARA MEDICAL SUPPLIES owns all the Content, including text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material. Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting, creating derivative works of this Content, or posting this Content or selected portions of this Content in any manner on any network computer, broadcast media, or other technologies existing now or hereinafter developed for unauthorized publication or commercial use without the prior written consent of SOLARA MEDICAL SUPPLIES is strictly prohibited. Except as expressly provided herein, you may not copy, modify, publish, transmit, sell, offer for sale, or redistribute the Content in any way without the prior written permission of SOLARA MEDICAL SUPPLIES. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any commercial purposes any portion of the Software, the Services, or Content, or to collect any information Software or Services users. No title, rights, or interests in any downloaded materials via the Software or the Services are afforded to you as a result of such downloading for personal, noncommercial use. You may not assign this EULA or any of the rights or licenses granted under this EULA or rent, lease, or lend the Software or the Services to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void. We may assign, transfer, or sublicense any or all of our rights or obligations under this EULA without restriction.

 

The names, logos, and materials displayed in connection with the Software or the Services constitute trademarks, trade names, service marks, or logos (“Trademarks”) of SOLARA MEDICAL SUPPLIES or other entities. Ownership of all Trademarks and the goodwill associated therewith remains with SOLARA MEDICAL SUPPLIES or those other entities, and nothing contained in this EULA, the Software, or the Services should be construed as granting any right to use any Trademarks without the prior written consent of the owner of such Trademarks.

 

Any third-party Trademarks contained in or used by the Software or the Services are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall be for the benefit the trademark owner. The use of such third-party Trademarks is intended to denote interoperability and does not constitute (a) an affiliation by Company and its licensors with such company; or (b) an endorsement or approval of such third-party companies and its licensors and its products or services.

 

Uploads and Suggestions

The Software and the Services may provide functionality through which, or in connection with which, you are able to upload or otherwise transmit or provide information or materials (such as user names, email addresses, passwords, comments, other personal or other data, text, photographs and images) in connection with your use of the Software or the Services, regardless of whether such information or materials are made available publicly or with password protection (collectively, “Uploads”). You may also elect to provide or make available to SOLARA MEDICAL SUPPLIES any suggestions, comments, ideas, improvements, or other feedback or materials, whether related to the Software or the Services or otherwise (collectively, “Suggestions”).

 

You hereby grant to SOLARA MEDICAL SUPPLIES and its affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide license (sublicensable through multiple tiers) to use, analyze, distribute, reproduce, modify, adapt, derive, publish, translate, publicly perform, publicly display, and otherwise exploit your Uploads and Suggestions (in whole or in part), in any format or medium now known or later developed for any purpose, whether in connection with the Software or the Services or otherwise.

 

SOLARA MEDICAL SUPPLIES WILL NOT EVALUATE EITHER YOUR UPLOADS, SUGGESTIONS, OR OTHER COMMUNICATIONS FOR INDICATIONS OF A NEED FOR MEDICAL ATTENTION AND WILL NOT PROVIDE MEDICAL ADVICE IN RESPONSE. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SOFTWARE OR THE SERVICES, YOU DO SO AT YOUR OWN RISK.

 

Any Uploads, Suggestions, or other communication or other material (“Other Communications”) that you send through the Software or the Services is and will be deemed to be non-confidential, and SOLARA MEDICAL SUPPLIES shall have no obligation of any kind with respect to such information. SOLARA MEDICAL SUPPLIES will be free to (but has no obligation to) monitor, analyze and disclose Uploads, Suggestions, and Other Communications (and to authorize others to do the same) in any manner, and you will gain no right, title or interest in or to the Software or the Services by virtue of SOLARA MEDICAL SUPPLIES doing so. SOLARA MEDICAL SUPPLIES shall be free to (but has no obligation to) use any ideas, concepts, know-how or techniques contained in such Uploads, Suggestions, and Other Communication for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products. SOLARA MEDICAL SUPPLIES reserves the right to (but has no obligation to) display or insert advertisements in connection with Uploads, Suggestions, and Other Communications, and to use Uploads, Suggestions, and Other Communications for marketing, advertising and promotional purposes.

 

You agree that you are solely responsible for all of your Uploads, Suggestions, and Other Communications. SOLARA MEDICAL SUPPLIES is not responsible for any loss, theft or damage of any kind to any Uploads, Suggestions, or Other Communications. You represent and warrant that: (a) you own all rights in your Uploads, Suggestions, and Other Communications or, alternatively, you have acquired all necessary rights in your Uploads, Suggestions, and Other Communications to enable you to grant to SOLARA MEDICAL SUPPLIES all of the rights described herein; and (b) your Uploads, Suggestions, and Other Communications do not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Upload, Suggestion, and Other Communication that you may have under any applicable law under any legal theory.

 

You are prohibited from making Uploads, offering Suggestions, or otherwise using the Software or the Services to transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate this EULA, applicable law, or a copyright, trademark, or other intellectual property or other right of another. SOLARA MEDICAL SUPPLIES will cooperate with any law enforcement authorities or court order requesting or directing SOLARA MEDICAL SUPPLIES to disclose the identity of anyone transmitting information or materials or otherwise using the Software and the Services. SOLARA MEDICAL SUPPLIES may, from time to time, monitor, review, analyze, block, alter or remove Uploads, discussions, chats, postings, transmissions, bulletin boards, and the like; however SOLARA MEDICAL SUPPLIES is under no obligation to do so and assumes no responsibility or liability for the reliability, currency, or completeness or any such Uploads, Suggestions, or Other Communications, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any Uploads, Suggestions, or Other Communications.

 

SOLARA MEDICAL SUPPLIES is not required to host, display, or distribute any Uploads, Suggestions, or Other Communications, and may remove at any time or refuse any Uploads, Suggestions, or Other Communications for any reason. None of the Services are designed or intended to be used as a disaster recovery or emergency data storage facility and you are responsible for creating and maintaining copies of your Uploads (including any photos, as applicable) prior to posting, uploading, or otherwise submitting such Uploads through the Services. Photo processing services are provided through the Services by a third-party vendor. Without limiting any other provision of this EULA, if you post or submit any Uploads to the Services in connection with the photo processing services, and then fail to purchase any photo processing services for seven hundred and thirty (730) days or longer, the vendor may permanently delete such Uploads.

 

SOLARA MEDICAL SUPPLIES and its suppliers and vendors are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any Uploads that you may use or allow others to use in connection with the Services (including Uploads posted or submitted to the Services) before SOLARA MEDICAL SUPPLIES and its suppliers and vendors take any remedial action that they consider, in their sole discretion, to be appropriate.

 

NEITHER SOLARA MEDICAL SUPPLIES NOR ITS SUPPLIERS OR VENDORS CONTROL THE UPLOADS POSTED OR SUBMITTED TO THE SERVICES, NOR DO WE OR THEY HAVE ANY OBLIGATION TO MONITOR, SCREEN, POLICE, OR EDIT THOSE UPLOADS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS EULA. YOU MAY FIND SOME OF THE UPLOADS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE, OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SERVICES.

 

Changes and Updates to the Software or the Services and Compatibility

SOLARA MEDICAL SUPPLIES will have no obligation to provide the Software or the Services, may change the form and nature of the Software or the Services at any time with or without notice to you, and may cease providing the Software or the Services at any time with or without notice to you.

 

SOLARA MEDICAL SUPPLIES may choose to provide updates to the Software from time to time in its sole discretion. To the extent that you choose to download or use any such updates to the Software, you acknowledge that you will be bound by the version of this EULA which is applicable as of the time you download and use any such update to the Software.

 

SOLARA MEDICAL SUPPLIES does not represent or warrant that any version of the Software or the Services will be compatible with any hardware or software versions or applications (including any future versions or updates of your phone, tablet, computer, or its operating system) or provide the same functionality that is provided by the current version of the Software or the Services. The Software or the Services may not be compatible with your hardware or software versions or applications (including any specific versions of your phone, tablet, computer, or its specific operating system). SOLARA MEDICAL SUPPLIES does not undertake any obligation to provide the Software or the Services to you in a way that is compatible with your hardware or software.

 

Privacy

Your submission of information through the Software is governed by our Privacy Policy (“Privacy Policy”).

 

Anyone with access to your device when you are set to receive refill reminders may have access to your reminders. If you share a device with others, please do not set the device to receive reminders that you consider to be confidential. Remember to secure access to computers that you use to access the Software or the Services if you want to keep your reminders (or any other information relating to your account) confidential.

 

IF YOU AUTHORIZE IT AND THE FUNCTIONALITY IS ENABLED AND AVAILABLE, YOUR DESIGNATED CAREGIVER (AS SET UP BY YOU THROUGH THE SOFTWARE OR THE SERVICES) MAY BE ABLE TO VIEW YOUR MEDICAL REMINDERS TO HELP TRACK YOUR PROGRESS.

 

REMINDERS ABOUT MEDICATIONS AND REPORTS OF RESPONSES TO THESE REMINDERS MAY BE DELAYED OR NOT ACCURATE. YOUR DEVICE, THE SOFTWARE, THE SERVICES, AND THE COMMUNICATIONS BETWEEN THEM MAY NOT ALWAYS FUNCTION AND THE REPORTS DO NOT NECESSARILY REFLECT ACTUAL BEHAVIOR.

 

DO NOT RELY UPON RESPONSES TO MEDICAL REMINDERS WITHOUT VERIFYING ACTUAL BEHAVIORS OF THE INDIVIDUAL INVOLVED.

 

Please note that certain information, including the physical location of your device, may be collected automatically by the Software or the Services, as described in our Privacy Policy

 

Telephone, Text and Fax Policy

By providing your residential or wireless phone and/or fax number(s) to SOLARA MEDICAL SUPPLIES, you expressly consent to receive marketing and non-marketing autodialed and/or prerecorded calls, text messages and faxes (including fax advertisements), from or on behalf of SOLARA MEDICAL SUPPLIES at the number(s) provided. Your consent to receive calls or texts on your wireless device is not a condition of any purchase. Consent may be revoked at any time by calling the toll-free number at 1-800-SHOPSOLARA MEDICAL SUPPLIES or faxing your opt-out request to 1-401-652-0893. You may also send an opt-out request via email to do_not_call@Solara Medical Suppliescaremark.com with the phone and/or fax number you wish to opt-out. Your wireless carrier’s standard message and data rates may apply.

 

Text Messaging Terms and Conditions

Enrollment in text alerts requires a patient to provide his or her own mobile phone number with an area code within the 50 United States or the District of Columbia. By enrolling to receive SOLARA MEDICAL SUPPLIES text alerts, you agree to these terms and conditions, which become effective upon your enrollment. You may be asked to verify your mobile phone number before the service will start. This requires responding to a text alert sent to your mobile phone confirming your enrollment in this Service.

 

You acknowledge that text alerts will be sent to the mobile phone number you provide to SOLARA MEDICAL SUPPLIES. Such alerts may include limited personal information about your prescriptions, and whoever has access to the mobile phone or carrier account will also be able to see this information. Once you enroll, the frequency of text alerts we send to you will vary. You will typically receive text alerts when we have information for you about your prescriptions or other healthcare information. SOLARA MEDICAL SUPPLIES does not impose a separate charge for text alerts; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges. The following carriers are supported: AT&T, Sprint, Boost, Verizon Wireless, U.S. Cellular®, T-Mobile®, Cincinnati Bell, Alltel, Virgin Mobile USA, Cellular South, Unicel, Centennial and nTelos. You may opt out of SOLARA MEDICAL SUPPLIES text alerts at any time. To stop receiving text alerts, text STOP to SOLARA MEDICAL SUPPLIESTXT (287898). Texting STOP to SOLARA MEDICAL SUPPLIESTXT (287898) will opt you out of any and all future SOLARA MEDICAL SUPPLIES text messages. After you submit a request to unsubscribe, you will receive one final text alert from SOLARA MEDICAL SUPPLIES confirming that you will no longer receive text alerts.

 

The SOLARA MEDICAL SUPPLIES text alert programs are offered on an “as is” basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. SOLARA MEDICAL SUPPLIES may change or discontinue any of its text alert programs without notice or liability to you. SOLARA MEDICAL SUPPLIES and its related companies and each of their respective officers, directors and employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any SOLARA MEDICAL SUPPLIES text alert program or from technical failures or delays of any kind. SOLARA MEDICAL SUPPLIES reserves the right to cease delivery of text alerts to any person at anytime in its sole discretion.

 

Monitoring Use

SOLARA MEDICAL SUPPLIES reserves the right (but does not have the obligation) to elect to electronically monitor use of our Software and our Services (including electronic communications made in connection with the Software and the Services) and may disclose any content, records, or electronic communication of any kind if permitted to do so by any applicable law, regulation, or government request, if such disclosure is necessary or appropriate to operate the Software or the Services, or to protect our rights or property, or the rights of the users, partners, affiliates, sponsors, providers, licensors, or merchants. If alerted to allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content.

 

Responsibility for Hardware, Software, Telecommunications and Other Services

You are responsible for obtaining, maintaining and paying for all hardware, software and all telecommunications and other services needed for you to use the Software and the Services.

In particular, you acknowledge that by using the internet to use the Software or the Services, you may incur charges from your wireless carrier, internet service provider, or other method of internet access, and that payment of any such charges will be your sole responsibility. SOLARA MEDICAL SUPPLIES does not control wireless or internet access. Your use of these networks may not be secure and may expose your personal information sent over such networks.

 

Products and Transactions

Please note that references to or descriptions or images of products or services (or related coupons or discounts) available through the Software or the Services should not be interpreted as endorsements of such products or services and such products or services may be made available by SOLARA MEDICAL SUPPLIES or by third parties. Resale of products or services purchased in connection with the Software or the Services is specifically prohibited. We reserve the right to refuse to sell products or services to you if it reasonably appears to us that you intend to resell such products or services. Verification of information may be required prior to our acceptance of any order. We further reserve the right to limit quantities of items purchased by each customer or to refuse to provide any customer with any such items.

 

Price (including the validity of any coupon or discount), quantity, availability of any product or service, and shipping methods and shipping rates, and any other information, descriptions or images available through the Software or the Services regarding any products or services, are subject to change without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We seek to undertake reasonable efforts to accurately display the attributes of products and services, including the applicable colors, however the actual colors that you see will depend on your device, and we cannot guarantee that your device will accurately display such colors. Certain non-prescription order and/or product returns may incur a restocking fee. In general, offers available through the Software or the Services are good only while supplies last. Sweepstakes, giveaways, specials, sales, and other promotions offered through the Software or the Services may not be available in stores and may be subject to terms and conditions presented separately from this EULA. Likewise, sales and specials offered in-store might not be reflected by the Software and the Services. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use, and sale of any products or services available through the Software or the Services. By submitting any information through the Software or the Services in connection with purchasing any products or services, you grant to us the right to provide such information to third parties for purposes of facilitating such purchase. Verification of information may be required prior to the acknowledgment or completion of any transaction. Further terms and conditions related to transactions in connection with the Software or the Services may apply.

 

YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT CARD OR OTHER METHOD OF PAYMENT THAT YOU SUBMIT THROUGH OR USING THE SOFTWARE OR SERVICES (1) IN CONNECTION WITH A TRANSACTION, AND/OR (2) TO POTENTIALLY BE USED IN CONNECTION WITH ANY FUTURE TRANSACTION(S). You acknowledge that SOLARA MEDICAL SUPPLIES is not responsible for any payment card you may add or use in connection with the Software or the Services and that SOLARA MEDICAL SUPPLIES is not a party to any cardholder agreement you may have with your card issuer that governs the use of your payment card. You acknowledge that your card issuer may not enable you to add or use a payment card in connection with the Software or the Services and that you should refer to your cardholder agreement and/or contact your payment card issuer for any questions or disputes you may have relating to your payment card. If you lose the device on which you have downloaded the Software, you should contact your payment card issuer as a precaution to prevent unauthorized access to any payment card that you may have added to a Service.

You agree to pay all charges incurred by you or on your behalf through the Software or the Services, or associated with the device on which you have downloaded the Software, at the prices in effect when such charges are incurred, including any shipping and handling charges. In addition, you are responsible for any taxes applicable to your transactions. If any payment due is not made by you, SOLARA MEDICAL SUPPLIES may, in addition to its other remedies, at its sole discretion and without notice to you, (a) suspend its performance under this EULA and your access to and use of the Software and the Services; or (b) terminate this EULA and your access to and the use of the Software and the Services. If legal action is necessary to collect fees or charges due from you, then you will reimburse SOLARA MEDICAL SUPPLIES for all expenses incurred in collecting the fees and charges, including all attorney fees and other legal expenses.

 

Electronic Communications

When you send electronic communications, including emails or text messages, to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically, including through the Software or the Services, or otherwise. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Payment Features

SOLARA MEDICAL SUPPLIES may provide you with one or more functionalities that enable you to use your account, the Software, and the Services to enter into transactions with us. Further terms and conditions related to such transaction features may apply.

 

Resources

Although SOLARA MEDICAL SUPPLIES reserves the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, Content, materials, services, products, merchandise, functionality or other resources (collectively, “Resources”) available on or accessible through the Software or the Services (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any service or product information listed on the Software or the Services. Resources may be made available by SOLARA MEDICAL SUPPLIES or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations, warranties or guarantees as to the availability, completeness, accuracy, reliability, validity or timeliness of any or all of the Resources.

 

Third Party Resources

The Service may contain links to, or otherwise make available, third-party sites, services, products, information, content, materials, merchandise, functionality and/or other resources (“Third Party Resources”). These links and access are provided for your convenience and reference only. We do not control such Third Party Resources and, therefore, we are not responsible for such Third Party Resources, or any content posted on or made available by such Third Party Resources. Be aware that SOLARA MEDICAL SUPPLIES does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about such Third Party Resources, including without limitation the security of any Materials, or the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on or made available by such Third Party Resources or any other Internet sites. We reserve the right to terminate such links or such access at any time. The fact that we offer such links or access should not be construed in any way as an endorsement, authorization, or sponsorship of such Third Party Resources, or any content made available thereby. Because some Third Party Resources employ automated search results or otherwise link you to Third Party Resources containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in or made available by Third Party Resources, including the weekly circular ads available online, and you hereby irrevocably waive any claim against us with respect to such Third Party Resources. Your use of any Third Party Resources is subject to the Third Party’s terms, conditions and policies applicable to such products, services or materials (such as Terms of Service or Privacy Policies of the providers of such products, services or materials). SOLARA MEDICAL SUPPLIES is not responsible for the privacy and security of any information you share with that Third Party, including your credit card or payment information. For example, our photo processing services are provided by Snapfish (or another Third Party) and some delivery services are provided by a Third Party. When you elect to receive these services from a Third Party, you agree to hold that Third Party responsible for any unauthorized use or disclosure of your personal information.

 

Disclaimer of Warranty

SOLARA MEDICAL SUPPLIES does not accept any liability for the consequences arising from the application, use, or misuse of any information on the Software or the Services, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise.

 

YOUR ACCESS AND USE OF THE SOFTWARE, THE SERVICES, RESOURCES, AND THIRD PARTY RESOURCES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, CONTENT, SERVICES, PRODUCTS, MATERIALS, UPLOADS, AUTHENTICATION TECHNOLOGIES, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH OR IN CONNECTION WITH ANY OF THE FOREGOING (COLLECTIVELY, THE “OFFERING”), IS SOLELY AT YOUR OWN RISK.

SOLARA MEDICAL SUPPLIES AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, “SOLARA MEDICAL SUPPLIES PARTIES”) DISCLAIM ALL WARRANTIES WITH RESPECT TO THE OFFERING, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

THE OFFERING IS PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE OFFERING IS WITH YOU. SHOULD THE OFFERING PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR.

THE SOLARA MEDICAL SUPPLIES PARTIES MAKE NO GUARANTEES AND DISCLAIM ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT THE OFFERING’S ACCURACY, RELEVANCE, TIMELINESS, OR COMPLETENESS. THE SOLARA MEDICAL SUPPLIES PARTIES DO NOT WARRANT THAT THE OFFERING WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ANY PARTICULAR TIME, OR THAT THE OPERATION OF THE OFFERING WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE OFFERING OR NONCONFORMITY TO ITS DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO SOLARA MEDICAL SUPPLIES TO GRANT THE LICENSE CONTAINED IN THIS EULA AND TO PROVIDE YOU WITH ACCESS TO THE OFFERING.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SOLARA MEDICAL SUPPLIES PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIALS OR RESOURCES PURCHASED OR OBTAINED THROUGH OR USING THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT ANY PASSWORD PROTECTION, ACCESS CREDENTIALS, AUTHENTICATION TECHNOLOGIES OR OTHER SECURITY MEASURES WILL PREVENT UNAUTHORIZED TRANSACTIONS OR ACCESS TO UPLOADS.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY SOLARA MEDICAL SUPPLIES PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), OR ANY DAMAGES WHATSOEVER ARISING OUT OF ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS EULA OR THE USE (OR INABILITY TO USE), OPERATION, AVAILABILITY OR PERFORMANCE OF THE OFFERING (OR ANY PORTION THEREOF), OR YOUR RELIANCE ON THE OFFERING (OR ANY PORTION THEREOF), EVEN IF ANY SOLARA MEDICAL SUPPLIES PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE OFFERING (INCLUDING ANY AUTHENTICATION TECHNOLOGIES) MAY NOT BE SECURE, AND THAT PRIVACY AND SECURITY RISKS CANNOT BE ELIMINATED. ACCESS CREDENTIALS AND AUTHENTICATION TECHNOLOGIES MAY NOT PREVENT UNAUTHORIZED TRANSACTIONS OR ACCESS TO YOUR ACCOUNT OR UPLOADS.

 

ANY LIABILITY ON THE PART OF THE SOLARA MEDICAL SUPPLIES PARTIES ARISING OUT OF OR RELATED TO THIS EULA OR YOUR USE OR MISUSE OF THE OFFERING SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE FEES PAID BY YOU SOLELY FOR THE RIGHT TO USE THE PARTICULAR SOFTWARE OR SERVICES PROVIDED BY SOLARA MEDICAL SUPPLIES HEREUNDER; AND (B) TWENTY-FIVE DOLLARS ($25).

 

The SOLARA MEDICAL SUPPLIES Parties are not liable for the unauthorized use of Resources, including such unauthorized use by any websites.

 

The SOLARA MEDICAL SUPPLIES Parties do not guarantee the sequence, accuracy, or completeness of any information or content available through the Offering and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby. The SOLARA MEDICAL SUPPLIES Parties do not accept any responsibility for technical failures or for unauthorized access of user transmissions by third parties.

 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that a SOLARA MEDICAL SUPPLIES Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty will be equal to the minimum permitted under such applicable law and the extent of the SOLARA MEDICAL SUPPLIES Parties’ liability will be equal to the greater of the amount you paid for the Software or the Services or the minimum permitted under such applicable law.

 

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS EULA AND THE SOFTWARE AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

 

Indemnification

Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless the SOLARA MEDICAL SUPPLIES Parties from and against all liability, claim, losses, expenses, damages and costs, including reasonable attorneys’ fees, related to or arising out of your use of the Software or the Services (including any of your Uploads and your use of Resources) or any violation by you of this EULA.

 

Termination

You may terminate this EULA at any time by destroying all copies of the Software and related documentation under your control and ceasing to use the Services. All rights granted to you under this EULA will immediately terminate if you violate any of the terms of this EULA or if this EULA is terminated, but all other provisions of this EULA (other than with respect to our right to modify this EULA, the Software or the Services) will survive any such violation or termination.

 

SOLARA MEDICAL SUPPLIES or its suppliers or vendors may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (a) suspend or terminate (in whole or in part) your authorization to use the Software or the Services and any membership and account you may have; (b) suspend or terminate and permanently delete and destroy any Access Credential, URL, IP address, or domain name; (c) remove from the Services and permanently delete and destroy any Uploads (or any components thereof) that you or others may have posted or submitted to the Services (and for purposes of this EULA, “posted” and “submitted” includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or no reason; (d) restrict access to the Uploads posted or submitted to the Services and to any account you may have; and (e) prohibit you from any future use of the Software or the Services; all without any prior notice or liability to you or any other person.

 

Without limiting the foregoing, if this EULA is terminated for any reason, then: (a) you may no longer use the Software or the Services, and you must promptly delete the Software from your device and cease all use of any of the Services; (b) this EULA will continue to apply and be binding upon you in respect of your prior use of the Software and the Services, including payment of any charges accrued in connection with use of the Software and the Services and your indemnification obligations; (c) SOLARA MEDICAL SUPPLIES may immediately remove from the Services and permanently delete and destroy any Uploads that you or others may have posted or submitted to the Services without any prior notice or liability to you or any other person; and (d) any fees and charges previously paid by you for unused services will not be refunded.

 

 

Export Laws

The United States restricts the export and re-export of commodities and technical data of United States origin, including the Software. You agree that you will not export or re-export the Software in any form in violation of the laws of the United States or any foreign jurisdiction. By installing or using the Software, you represent and warrant that you are not (a) located in, or a national or resident of, any country subject to a U.S. government embargo or other restriction; or (b) on the United States Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Table of Denial and Prohibition Orders, or any other U.S. government list of restricted end users.

 

U.S. Government End Users

The Software is a “Commercial Item,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with federal regulations, the Software and related documentation are licensed to U.S. Government end users (a) only as “Commercial Items”; and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

 

Forward Looking Statements

The Services may contain or make available forward-looking statements within the meaning of the federal securities laws. In addition, SOLARA MEDICAL SUPPLIES Health Corporation and its subsidiaries, including SOLARA MEDICAL SUPPLIES (collectively, “SOLARA MEDICAL SUPPLIES Group”), and its and their representatives may, from time to time, make written or verbal forward-looking statements, including statements contained in SOLARA MEDICAL SUPPLIES Health Corporation’s filings with the U.S. Securities and Exchange Commission (“SEC”) and in the SOLARA MEDICAL SUPPLIES Group’s reports to stockholders, press releases, webcasts, conference calls, meetings, and other communications. Generally, the inclusion of the words “believe,” “expect,” “intend,” “estimate,” “project,” “anticipate,” “will,” “should,” and similar expressions identify statements that constitute forward-looking statements. All statements addressing operating performance of SOLARA MEDICAL SUPPLIES Health Corporation or any subsidiary, events, or developments that the SOLARA MEDICAL SUPPLIES Group expects or anticipates will occur in the future, as well as statements expressing optimism or pessimism about future operating results or events, are forward-looking statements within the meaning of the federal securities laws. The forward-looking statements are and will be based upon management’s then-current views and assumptions regarding future events and operating performance, and are applicable only as of the dates of such statements. The SOLARA MEDICAL SUPPLIES Group undertakes no obligation to update or revise any forward-looking statements, whether as a result of new information, future events, or otherwise. By their nature, all forward-looking statements involve risks and uncertainties. Actual results may differ materially from those contemplated by the forward-looking statements for a number of reasons as described in SOLARA MEDICAL SUPPLIES Health Corporation’s SEC filings, including those set forth in the Risk Factors section of SOLARA MEDICAL SUPPLIES Health Corporation’s current Form 10-K filed with the SEC. There can be no assurance that SOLARA MEDICAL SUPPLIES Health Corporation has correctly identified and appropriately assessed all factors affecting its business. Additional risks and uncertainties not presently known to SOLARA MEDICAL SUPPLIES Health Corporation or that it currently believes to be immaterial also may adversely impact the SOLARA MEDICAL SUPPLIES Group. Should any risks and uncertainties develop into actual events, these developments could have a material adverse effect on the SOLARA MEDICAL SUPPLIES Group’s business, financial condition, and results of operations. For these reasons, you are cautioned not to place undue reliance on the SOLARA MEDICAL SUPPLIES Group’s forward-looking statements.

 

Governing Law

This EULA, your use of the Software and the Services, all transactions through the Software and the Services, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of the State of New York, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. This EULA will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.

 

Dispute Resolution

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS EULA OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND SOLARA MEDICAL SUPPLIES OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT SOLARA MEDICAL SUPPLIES AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS EULA 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.

 

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021424), as amended by this EULA. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SOLARA MEDICAL SUPPLIES will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this EULA and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief, or relief providing for specific performance of this EULA, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this EULA will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

 

With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the EULA will continue to apply and be unaffected by this severability provision.

 

Copyright Infringement Claims: Notice and Take-Down Procedures

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing through online services infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Software or Services infringe your rights under U.S. copyright law, you (or your agent) may send to SOLARA MEDICAL SUPPLIES a written notice by mail, e-mail, or fax, requesting that SOLARA MEDICAL SUPPLIES remove such material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Software or Services, the DMCA permits you to send to SOLARA MEDICAL SUPPLIES a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, the following:

1. Sufficient information identifying the copyrighted work(s) believed to be infringed.

2. Sufficient information identifying the allegedly infringing material(s) and the location of such material(s) in order to permit SOLARA MEDICAL SUPPLIES to locate such material(s).

3. A statement from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed that such owner or authorized representative has a good faith belief that the allegedly infringing materials are used in a manner not authorized by the copyright owner, its agent, or the law.

4. Contact information for the complaining party, including a mailing address, a telephone number and, if available, an email address.

5. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner's behalf.

6. A signature or the electronic equivalent from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed.

 

Notices and counter-notices must be sent in writing to SOLARA MEDICAL SUPPLIES’s

Mail: SOLARA MEDICAL SUPPLIES,

2084 Otay Lakes Rd #102

Chula Vista, CA 91913

Tel. 800-423-0896

Fax. 800-999-7021

 

Miscellaneous

This EULA is the entire agreement between you and SOLARA MEDICAL SUPPLIES with respect to the Software and the Services and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Software) concerning the Software or the Services.

 

If any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of this EULA will remain in full force and effect.

 

Failure by SOLARA MEDICAL SUPPLIES to prosecute any right with respect to a default hereunder will not constitute a waiver by SOLARA MEDICAL SUPPLIES of the right to enforce rights with respect to the same or any other breach.

 

We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that SOLARA MEDICAL SUPPLIES does not endorse any of the products or services listed on such site.

 

Contact Us

If you have a question or complaint regarding the Software or the Services, please see here for information on how to contact us, or contact us as follows:

SOLARA MEDICAL SUPPLIES,

2084 Otay Lakes Rd #102

Chula Vista, CA 91913

Tel. 800-423-0896

Fax. 800-999-7021

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Apple-Specific Terms

In addition to the other terms set forth herein, and notwithstanding anything to the contrary herein, you acknowledge and agree that the following terms apply with respect to your use of any version of the Software compatible with the iOS operating system of Apple Inc. (“Apple”): (a) this EULA is between you and SOLARA MEDICAL SUPPLIES, and not Apple; (b) SOLARA MEDICAL SUPPLIES, and not Apple, is solely responsible for the Software; (c) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Software; (d) in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Software; (e) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software; (f) Apple is not responsible for any claims that you have arising out of your use of the Software; (g) Apple will have no responsibility whatsoever for the investigation, defense, settlement, or discharge of any third-party claim that the Software infringes that third party’s intellectual property rights; (h) Apple and its subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary; (i) the license that you have been granted herein is limited to a non-transferable license to use the Software on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service; (j) you must comply with the terms of any third-party agreement applicable to you when using the Software, such as your wireless data service agreement; and (k) any inquiries or complaints relating to the use of the Software, including those pertaining to intellectual property rights, must be directed to SOLARA MEDICAL SUPPLIES in accordance with the “Contact Us” section above. In addition to the foregoing, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Amazon-Specific Terms

In addition to the other terms set forth herein, you further acknowledge and agree that (a) this EULA is concluded between you and SOLARA MEDICAL SUPPLIES, and not Services International, Inc. (“Amazon”); (b) SOLARA MEDICAL SUPPLIES, and not Amazon, is the licensor of the Software and is solely responsible for the Software; and (c) Amazon does not have any responsibility or liability related to compliance or non-compliance by you or SOLARA MEDICAL SUPPLIES with this EULA.

 

Software copyright © 2019 SOLARA MEDICAL SUPPLIES.