Terms & Conditions

THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND SOLESCRIPTION LLC (“WE”, “US” OR “SOLESCRIPTION”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS UNDER WHICH YOU WILL PROVIDE INFORMATION TO US AND PURCHASE A MONTHLY MEMBERSHIP (“A “MEMBERSHIP”) TO RENT OR PURCHASE SHOES (EACH A “PRODUCT AND COLLECTIVELY, THE “PRODUCTS”) AND RECEIVE RELATED SERVICES FROM US. BY USING OUR SITE, WWW.SOLESCRIPTION.COM (THE “SITE”), YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, THE SITE.

 

By signing up for a Membership, you represent, acknowledge and agree that you are at least 18 years of age. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless SoleScription if your child breaches or disaffirms any term or condition of this Agreement.

 

1 – CHANGES TO SITE; PERSONAL INFORMATION/PRIVACY

1.1 – Changes to the site

SoleScription may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.

 

1.2 – Personal Information

Customers agree to provide accurate, current, and complete information as required for the purchase of the Services or Products. SoleScription reserves the right to block further transactions to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that SoleScription uses a third party payment processing service to process orders and bill fees to your credit card.

 

1.3 – Privacy

By using this Site and/or purchasing a Membership you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in detail in our Privacy Policy (available for your review at www.solescription.com/privacypolicy).

 

2 – USE OF SITE

2.1 – Passwords

You may utilize the functionality on the Site that allows you to log in to this Site by using your login credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Twitter, Facebook and LinkedIn (“Third Party Site Login Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on this Site to be shared with your contacts in your third party Site account (as further detailed in our Privacy Policy, at http://www.solescription.com/privacypolicy). Notwithstanding the foregoing, you agree that your use of any third party website through which you log in to this Site using your Third Party Site Login Credentials is governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies.

 

You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify SoleScription if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.

 

2.2 – Use of Site; Prohibitions

Subject to your compliance with this Agreement, SoleScription hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.

 

You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of SoleScription or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; (f) transmit any advertising or promotional material, including any "junk mail," "chain letter" or "spam" or any other similar solicitation; or (g) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.

 

2.3 – User Contributions

The Site contains a forum and may in the future include message boards, chat rooms, personal web pages or profiles and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.

  • Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
  • User Contributions must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not (i) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable, (ii) infringe any intellectual property or other rights of any other person, (iii) be deceptive, (iv) cause annoyance, inconvenience or anxiety to any other person, (v) involve commercial activities, sales or advertising, or (vi) give the impression that they emanate from or are endorsed by SoleScription or any other person or entity, if this is not the case.
  • You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above.

 

  • We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

 

We reserve the right in our sole discretion to:

  • Remove or refuse to post any User Contributions for any or no reason.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

 

YOU WAIVE AND AGREE TO HOLD HARMLESS SOLESCRIPTION AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF SOLESCRIPTION, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

2.4 – Copyright Infringement

If you believe that any User Contributions violate your copyright, please email us at info@solescription.com. It is our policy to terminate the user accounts of infringers.

 

3 – TERMS OF RENTALS & SALES

3.1 - Rentals & Sales of Products and Memberships to End Users Only

SoleScription rents and sells the Products from the Site to end-user customers who purchase monthly memberships to receive the Products (“Membership(s)”) only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable. We may cancel a membership for any reason. See 3.7 Membership Cancellation Policy below.

 

3.2 - Rentals & Sales

SoleScription rents shoes to end-user customers for a monthly Membership fee. At times, shoes are new while others are pre-used. SoleScription makes every effort to thoroughly clean each pair of shoes prior to sending them to customers. SoleScription will only send out the next pair of shoes after the previous pair has been returned or bought by the customer. Customers have the option to buy their rental shoes at a discounted price. If such case, SoleScription will send out the next pair of rental shoes only after the purchase price for the purchased pair of shoes have been paid in full. All sales are final and non-refundable.

 

3.3 – Condition on Return

Products must be returned to SoleScription in usable condition.

Normal wear and tear is expected and you will not be charged for the Product in the event of normal wear and tear. Normal wear and tear encompasses minor stains, worn sole or heel, scratched sole, stuck zippers or other minor damage that can be repaired by our team of workers and contractors and is covered by the subscription price you paid in order to rent the shoes.

 

If you return a Product that is damaged beyond normal wear and tear, as determined by SoleScription in our sole discretion, then we shall charge you, and you agree to pay, for replacing the Product, up to the retail price for the Product as advertised on our site OR explained to you in the package delivered to you.

 

3.4 - Pricing

The price that we will charge you for Memberships will be the price as posted on the Site on the date you first sign-up for a Membership. In the event that you decide to purchase Products, the price will be as advertised on the Site, however, SoleScription reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.

 

You are also responsible for paying any sales and use taxes that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership or purchase the Products, and you authorize SoleScription or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees.

 

3.5 – Refund Policy

Membership fees are not refundable. If you are dissatisfied with the Membership for any reason, you may cancel the service anytime before the next monthly billing.

If you choose to purchase Products on the Site, sales will be considered final when you complete the purchase on the Site. Thereafter, Products may not be returned and you will not be refunded the cost of the Product for any reason.

 

3.6 – Payment Methods and Automatic Monthly Membership Renewals

SoleScription accepts credit card payments only. You agree to pay all fees charged to your account based on SoleScription’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Membership. All payments shall be made by credit card in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, SoleScription reserves the right to either suspend or terminate your account and Membership and terminate this Agreement. All sales and payments will be in US Dollars.

 

 

IMPORTANT NOTICE TO CONSUMER:

 

MONTHLY MEMBERSHIP RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH MONTH. SoleScription will automatically renew your Membership on each monthly anniversary date of the Membership and, as authorized by you by checking the box demonstrating your consent for automatic monthly renewal of your Membership during the sign-up process, we will charge your credit card with the applicable Membership fee and any sales or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period is for one month.

 

3.7 – Membership Cancellation Policy

MEMBERSHIP CANCELLATION. You may cancel your Membership at any time by emailing SoleScription directly at info@solescription.com. All cancellation requests must be received by the first day of the month. Cancellation requests received after the first of the month shall take effect the following month. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term. SoleScription will not cancel your Membership until all rental Products are returned in usable condition, normal wear and tear excepted.

 

Additionally, SoleScription retains the right to cancel your Membership at any time for any reason or no reason.

 

3.8 – Shipping and Product Acceptance

Shipping dates are estimates only. All shipments are sent Priority Mail mail via the US Postal Service. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier. In other words, SoleScription is not liable for Products that are damaged or lost in transit to SoleScription.

 

3.9 – Pausing and Resuming Shipping

SoleScription offers its members the ability to temporarily suspend their Memberships (“Suspension Period”). During the Suspension Period, members will remain active members, but they will not receive any Products.

 

A Membership may be placed on a Suspension Period for either a one, two, or three month period. During the Suspension Period, members will remain a member of SoleScription, continue to receive communications from SoleScription via email, but will not be charged any sort of maintenance or membership fee.

 

Members who are in a Suspension Period may resume receiving Products by emailing SoleScription directly and resuming shipping either immediately or on their original bill date. You may email any questions about the Suspension Period to info@solescription.com.

 

4 – PROPRIETARY RIGHTS

You hereby acknowledge and agree that SoleScription or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.

 

SoleScription is a trademark of SoleScription in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of SoleScription, Copyright © 2015 SoleScription LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

 

5 – PRODUCT/IDEA SUBMISSIONS

SoleScription and its personnel do not accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to SoleScription or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of SoleScription’s products, services or marketing strategies might seem similar to ideas submitted to SoleScription. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your Submissions.

 

You agree that:

 

(i) Any Submission (including its complete contents) by you to SoleScription will automatically become the property of SoleScription, without any compensation to you;

(ii) SoleScription may use or redistribute any Submission and its contents for any purpose and in any way, without any compensation to you;

(iii) SoleScription has no obligation to review any Submission; and

(iv) SoleScription has no obligation to keep any Submission confidential, and no confidential relationship may be established by or inferred from any such Submissions to, or the consideration of your Submissions by, SoleScription.

 

6 – THIRD PARTY SITES

The Site may provide links to third party Sites that are not owned or controlled by SoleScription, including, without limitation, Facebook, Twitter and LinkedIn (“Third Party Sites”). We provide such links solely as a convenience to you. SoleScription does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third Party Sites’ password and account security policies and user-generated content posting and acceptable use policies.

 

7 – Indemnification

You hereby agree to defend, release, indemnify and hold harmless each of the SoleScription Parties (as defined in Section 8 below) from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products or arising out of your User Contributions.

 

8 – DISCLAIMER OF WARRANTIES

THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. SOLESCRIPTION, ON BEHALF OF ITSELF AND ITS AFFILIATES, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, PARTNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “SOLESCRIPTION PARTIES”): (A)EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B)DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C)DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D)DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS.

 

THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND SOLESCRIPTION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOLESCRIPTION OR ANY PERSON ON BEHALF OF SOLESCRIPTION SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.

 

NOTHING IN THIS SECTION 8 SHALL EXCLUDE OR LIMIT THE SOLESCRIPTION PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

9 – LIMITATION OF LIABILITY

IN NO EVENT SHALL ANY SOLESCRIPTION PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A SOLESCRIPTION PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IF, NOTWITHSTANDING THE FOREGOING, A SOLESCRIPTION PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS, THE RELEVANT SOLESCRIPTION PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID SOLESCRIPTION FOR THE PRODUCTS OR MEMBERSHIP, AS APPLICABLE; AND (B) THE SUM OF ONE HUNDRED US DOLLARS (US$100).

 

NOTHING IN THIS SECTION 9 SHALL EXCLUDE OR LIMIT ANY SOLESCRIPTION PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH DOLLAR SHAVE CLUB PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

10 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS

10.1 – Electronic Communications

Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. 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, to the extent permitted by applicable law.

 

10.2 – General Terms

SoleScription may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site including any account thereon, without notice, for any reason in SoleScription’s sole discretion, including without limitation breach of this Agreement and/or violation of the Privacy Policy, SoleScription’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to SoleScription, another user of the Site or any other person.

 

This Agreement and the Privacy Policy will be governed by and construed under the laws of the State of New York without reference to the laws of any jurisdiction that would require or permit the application of the law of another jurisdiction. Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Privacy Policy shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New York City and the Southern District of New York although we retain the right to bring any suit, action or proceeding against you for breach of this Agreement or the Privacy Policy in another jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

This Agreement and the Privacy Policy constitute the entire agreement between you and SoleScription regarding its subject matter. SoleScription not be responsible for failures to fulfill any of its obligations due to causes beyond its control, including, without limitation, war, terrorism, strike, natural disaster or website downtime. The delay or failure of SoleScriptionton to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. The parties acknowledge and agree that this Agreement and all related documents that may be drawn up are only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified SoleScription Party shall be a third party beneficiary of this Agreement. SoleScription may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, SoleScription’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, Products or Memberships shall survive such termination, including, without limitation, Sections 7, 8, 9 and 10.