Terms and Conditions
Last Updated July 2, 2018
The Solis Pain Relief System (“Solis”) is offered to you by Mid-America Medical Innovations, LLC (“Mid-America”) located at 1515 E. High Street Suite 103, Jefferson City, MO 65101.
The following Terms and Conditions govern your use of Solis, including the website solispainrelief.com and Solis technology which includes, but not limited to, the software embedded in the Solis device.
Please read these Terms and Conditions of use carefully.
- Acceptance of Terms and Conditions. By using the Solis device, you agree to be legally bound by these Terms and Conditions of use. If you do NOT agree, you should NOT use Solis.
- Complete Agreement. These Terms and Conditions contain the complete and entire agreement between the you and Mid-America and supersedes any other communications, representations or agreements, whether verbal or written.
- Laws to Govern. These Terms and Conditions shall be construed according to the laws of the State of California, without regard to its conflicts of law, principles, or any UN or other international conventions.
- Compliance with Law. Mid-America warrants that Solis shall be manufactured, sold, used and rendered in compliance with all relevant federal, state, local law, orders, rules, ordinances, and regulations, and in compliance with applicable international prohibitions on child labor. Mid-America certifies that, with respect to the production of Solis, it has fully complied with Sections 6, 7, 12, and 15 of the Fair Labor Standards Act of 1938, as amended and of regulations and orders of the US Department of Labor under Section 14 thereof, if applicable. Mid-America warrants that all equipment and materials delivered are in conformance with the latest OSHA requirements. Mid-America warrants that it will comply with all applicable US Department of Transportation regulations on hazardous materials and any other pertinent federal, state, or local statues, laws, rules, or regulations. Mid-America agrees to save you harmless from any loss, damage, fine, penalty, or expense whatsoever that you may suffer as a result of Mid-America’s failure to comply with this warranty.
- Who Can Use Solis? You may use Solis if you are 18 years of age or older or under parental or legal guardian supervision and not barred from using Solis under applicable law.
- Acceptable Use. By submitting any content to Mid-America, or by purchasing Solis, or using Solis, you agree that you will use Solis consistent with the intended use. Content provided by you will not contain any item that may be unlawful or unfit for publication, including but not limited to items that may be libelous, defamatory or injurious to another person or entity; may cause harm to any person or property or otherwise defame or harass any person or organization; may violate any legal rights of any person (including right to privacy or publicity); are pornographic, obscene, profane, vulgar, indecent, or threatening; are culturally, ethnically, or otherwise objectionable; or suggest or encourage any illegal activity.
You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any content to the website. You also will not post chain letters, pyramid schemes, surveys or solicitations through the website. You will not forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the website or to manipulate your presence on the website. You will not interfere with or disrupt the website, servers, networks, or Solis. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
You agree, represent and warrant that any content submitted to the website, or to Mid-America through any other means, does not infringe any proprietary right of another, such as but not limited to copyrights, trademarks, or patents, or any confidentiality obligation.
You acknowledge and agree that any of your ideas, submissions, or discussions, or any other self-produced content provided by you to Mid-America through the website or any other means, that is not subject of intellectual property right protection may be used by any other user without compensation or attribution. Mid-America is not obligated to monitor or enforce any intellectual property right of yours.
You grant to Mid-America a worldwide, irrevocable, royalty free, non-exclusive, and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish self-produced content, on the website or in other Mid-America marketing or public relations materials.
You alone are responsible for your own content and the consequences of posting, submitting, and/or publishing it. Mid-America may, but is not obligated to, review and monitor, before and/or after submitting any content you produce. However, you acknowledge that it is impossible for us to monitor or review all user content. Without limitation, Mid-America will not and cannot be held responsible for the accuracy, completeness, quality or validity of self-produced content posted by third parties on the website.
Mid-America does not endorse any self-produced content or any opinion, recommendation, or advice expressed therein, and Mid-America expressly disclaims any and all liability in connection with user content. Mid-America has the sole right and ability to edit and/or remove messages or any other end user content which are objectionable, improper or in breach of these Terms or Conditions for any reason at any time without notice or consent. Any user who believes that content is objectionable or improper is encouraged to contact Mid-America immediately. When you contact Mid-America we will make reasonable efforts to take the action as we deem necessary within a reasonable period of time, if we decide, in our sole discretion, that action is necessary. Since editing or removing content is a manual process, you are advised that, if we agree to remove or edit content, we may not be able to remove or edit the content immediately.
- Consult Your Physician. Solis is a FDA cleared medical device for treatment of chronic pain. THE INFORMATION PROVIDED BY MID-AMERICA IS NOT INTENDED TO DIAGNOSE, CURE, OR PREVENT ANY DISEASE. IF YOU EXPERIENCE A DECLINE IN YOUR CONDITION, STOP USING SOLIS AND CONSULT A MEDICAL PROFESSIONAL. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911.
- Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, INCIDENTAL, OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE OF SOLIS, THE WEBSITE CONTENT OR ANY SELF-PRODUCED CONTENT, EVEN IF MID-AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF MID-AMERICA.
If the above exclusions or limitations of liability, or any of the disclaimers of warranties in Section X above (Disclaimers) are not allowed by the country or state in which you live, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, the exclusions or limitations shall apply to the greatest extent permitted by applicable law.
- Third Party Content/Software. Mid-America is not responsible for the content of any site, app, services and resources (collectively called “third party resources”) owned by a third party that may be linked to Solis. Any link on the website is not an endorsement of such other site. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which we may link, and we take no responsibility for it.
- Copyright and Trademarks. Copyright and all other proprietary rights in content provided by Mid-America, including but not limited to, the compilation of data, the order, sequence and arrangement of the website, all belong to Mid-America.
Solis and all other registered trademarks of Mid-America are important assets of the company. Proper use of these trademarks is important and you should follow the instructions of Mid-America when referencing our company’s products and services.
The use and registration of the Solis name is exclusively reserved to our company. You may not register nor use the product name, statutory name, trade name, domain name, or other name, indication or description, of which the Solis name or any name similar to it or any name which consists of a part of the Solis name forms part or shall it include any other registered trademark owned by Mid-America.
- Proprietary Rights in the Website. The website is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that submission of any inventions embodied in any self-submitted content provided by you shall constitute a public disclosure or “publication” of such invention under applicable patent laws.
You acknowledge that any self-produced content disclosed and/or discussed on the website may be made the subject of patents, copyrights, trademarks, and other intellectual property rights of Mid-America. If you consider using any ideas, proposals, suggestions, improvements, solutions or other self-produced content submitted to the website, you are responsible to undertake appropriate intellectual property clearance before engaging in any such use.
- Additional Policies Apply to Orders. Terms and Conditions, Return Policy and Solis Warranty Policy apply to purchases made on the Solis website or at Solis’ customer care phone number (1-573-708-7541). All orders placed are subject to Mid-America’s acceptance. We may accept, decline, or place limits on an order for any reason.
- Contests and Giveaways. Additional Terms and Conditions may apply to contests, giveaways, and other promotions sponsored by Mid-America and its partners. It is your responsibility to carefully review those Terms and Conditions.
- Alerts and Notifications. You may receive notifications and alerts through email, telephone calls, or text messages. You agree to the receipt of these communications. You can control receipt of non-service related communications by contacting us at firstname.lastname@example.org and making the request. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
- You may cancel your account at any time by contacting Customer Care at email@example.com. If you violate these Terms, we reserve the right to deactivate your account and/or delete content or other information related to your account, at our sole discretion, at any time and without notice or liability to you.
- Copyright Infringement. If you know or suspect that any of the materials on the website, including but not limited to materials posted by other users, have been used or copied in a way that constitutes copyright infringement, please send notice to Mid-America.
- Indemnification and Release. You agree to indemnify and hold harmless Mid-America and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs, and expenses (including reasonable attorneys’ and professionals fees and litigation costs) that arise out of or in any way connected with your use of Solis, your content, your breach of any warranties made by you hereunder, or your violation of any other provision of these Terms. In the event of any complaint or legal action arising from any message, or any other self-produced content posted by you, Mid-America reserves the right to reveal your identity and any other information Mid-America may have about you.
If you have a dispute with one or more users, you release Mid-America and their officers, directors, employees, shareholders, legal representatives, agents, successors, and assigns from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- Changes to Solis. Mid-America may change or discontinue, temporarily or permanently, any feature or component of Solis at any time without notice. Mid-America is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of Solis. We reserve the right to determine the timing and content of software updates, hardware changes, and chassis changes. Software updates may be automatically downloaded and installed by Mid-America without prior notice to you.
- Dispute Resolution. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, U.S.A. Any dispute that arises under, or is related to these Terms and Conditions, your use of Solis, or your purchase or license through Mid-America that cannot be settled by mutual agreement of the parties may be decided by a court of competent jurisdiction.
To the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court having jurisdiction. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of Solis or these Terms and Conditions, must be filed within one (1) year after such claim or cause of action arose or be forever banned. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation, damages, injunctive relief, attorneys’ fees and expenses. No instance of waiver by us of our rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future or other waiver.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable by law, the remainder of these Terms and Conditions will remain valid, enforceable and in full force and effect. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the economic intent and effect of the original provision.
- No Waiver. No failure on the part of Mid-America to enforce any part of these Terms and Conditions shall constitute a waiver of any of Mid-America’s rights under these Terms and Conditions, whether for past or future actions on the part of any person. Neither the receipt of any funds by Mid-America nor the reliance of any person on Mid-America’s actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of Mid-America shall have any legal effect whatsoever.
- The headings of the sections of the Terms and Conditions are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms and Conditions.