We Solo Terms and Conditions

 

Summary of Terms

 

You must read and agree to our Terms of Use (the “Agreement”) because it forms the binding contract between you and We Solo. However, we’ve provided this short summary for your convenience (with capitalized terms defined in the Agreement).

Acceptance. By using the Service, you agree to this Agreement, our Privacy Policy and Safety Tips, and any terms that apply to in-app purchases you make.

Eligibility. You must be at least 18 to use the Service and not prohibited by law from using the Service. You promise to follow the laws of the country which you are in.

Your Account. If you use Facebook to access We Solo, you must authorize us to access certain information from Facebook to use We Solo. You agree to keep your account secure and confidential.

Modifying the Services; Termination. We may modify the Services at any time or discontinue them altogether. You can terminate your account in Settings, and we reserve the right to terminate it for you if you violate this Agreement or if we deem your use of the Service to be inappropriate.

Safety. We Solo is not responsible for the actions of its users or your interactions with them, and we currently don’t conduct background checks. Be careful and be sure to read and follow our Safety Tips on interacting with people on or off of We Solo.

Rights. We Solo grants you the right to use our Service as authorized and permitted by this Agreement. See the Agreement for a full list of actions you agree not to take. You grant We Solo the right to display your profile and Content for the limited purpose of We Solo operating the Service and researching and developing new ones.

Rules. See the Agreement for a list of the rules you agree to abide by when you use We Solo, such as harassing other users or using the Service for any illegal purposes.

In-App Purchases. We Solo may offer services for purchase through mobile platforms such as iTunes and Google Play. Those purchases are governed by the terms of the platforms. Purchases are not refundable and certain services as further described in the Agreement.

Copyright. If you believe your work has been posted on the Service in violation of your

 

copyright, please send a notice to our Copyright Agent following instructions in the Agreement.

Disclaimers. Our Service is provided “as is,” and we disclaim legal liability for the quality, safety, or reliability of our Service.

Limitation of Liability. To the extent allowed by law, we limit our liability to you for certain types of damages for claims relating to your use of the Service, the conduct of other users and unauthorized access or use of your Content. Our aggregate liability will not exceed the fees you pay us.

Arbitration. Our Agreement contains a mandatory arbitration clause. You agree that any disputes will be settled by arbitration, and you waive your right to a trial by jury or to participate in a class action. This does not apply to users residing in the EU, Norway or elsewhere where prohibited by law.

Governing Law; Venue. Oregon law applies to this Agreement. Actions for disputes relating to this Agreement must be brought in Portland Oregon, except for users residing in the EU or Norway, who may bring claims in their country of residence.

Indemnity. You agree to indemnify us for actions arising out of your use of the Service, your Content or your violation of this Agreement.

 

 

TERMS OF USE

Last revised on March 5, 2019 Welcome to We Solo

Notice to California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.

If you wish to request a refund, contact customer support: operations@wesolo.com.

1.  Acceptance of Terms of Use Agreement.

By creating a We Solo account or by using any We Solo service, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy and Safety Tips , each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the

 

Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, you should not use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on We Solo.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with We Solo, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

2.  Eligibility.

You must be at least 18 years of age to create an account on We Solo and use the Service. By creating an account and using the Service, you represent and warrant that:

 

  • you can form a binding contract with We Solo,
  • you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the

U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,

  • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations

 

3.  Your Account.

In order to use We Solo, you may sign in using your Facebook or Google login. If you do so, you authorize us to access and use certain Facebook or Google account information, including but not limited to your public Facebook or Google profile and information about Facebook or Google friends/contacts you share in common with other We Solo users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for We Solo, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately

 

contact operations@wesolo.com.

4.  Modifying the Service and Termination.

We Solo is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however if you use a third party payment account, you will need to manage in app purchases through such account (e.g., iTunes, Google Play) to avoid additional billing.

We Solo may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and We Solo: Section 4, Section 5, and Sections 12 through 19.

5.  Safety; Your Interactions with Other Users.

Though We Solo strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow We Solo’s Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT We Solo DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. We Solo MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. We Solo RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT We Solo MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

 

6.  Rights We Solo Grants You.

We Solo grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by We Solo and permitted by this Agreement. Therefore, you agree not to:

 

  • use the Service or any content contained in the Service for any commercial purposes without our written consent.
  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without We Solo’s prior written consent.
  • express or imply that any statements you make are endorsed by We Solo.
  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
  • upload viruses or other malicious code or otherwise compromise the security of the Service.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
  • “frame” or “mirror” any part of the Service without We Solo’s prior written authorization.
  • use meta tags or code or other devices containing any reference to We Solo or the Service (or any trademark, trade name, service mark, logo or slogan of We Solo) to direct any person to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
  • use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
  • use, access, or publish the We Solo application programming interface without our written consent.
  • probe, scan or test the vulnerability of our Service or any system or network.
  • encourage or promote any activity that violates this Agreement.

 

The Company may investigate and take any available legal action in response to illegal

 

and/ or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

7.  Rights you Grant We Solo.

By creating an account, you grant to We Solo a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). We Solo’s license to your Content shall be non-exclusive, except that We Solo’s license shall be exclusive with respect to derivative works created through use of the Service. For example, We Solo would have an exclusive license to screenshots of the Service that include your Content. In addition, so that We Solo can prevent the use of your Content outside of the Service, you authorize We Solo to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other We Solo users).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to We Solo above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service, or is not helpful to the purpose of other users.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

 

In consideration for We Solo allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to We Solo regarding our Service, you agree that We Solo may use and share such feedback for any purpose without compensating you.

You agree that We Solo may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties;

(iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

8.  Community Rules.

By using the Service, you agree that you will not:

 

  • use the Service for any purpose that is illegal or prohibited by this Agreement.
  • use the Service for any harmful or nefarious purpose.
  • use the Service in order to damage We Solo.
  • violate our Community Guidelines, as updated from time to time.
  • spam, solicit money from or defraud any users.
  • impersonate any person or entity or post any images of another person without his or her permission.
  • bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
  • post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
  • post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
  • post any Content that is false or inaccurate to your knowledge, such as a non-existent trip or tour
  • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
  • use another user’s account, share an account with another user, or maintain more than one account.
  • create another account if we have already terminated your account, unless you have our permission.

 

  • Mislead other users by posting falsified travel information or inaccurate tips.

 

We Solo reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that We Solo regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

9.  Other Users’ Content.

Although We Solo reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and We Solo cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via operations@wesolo.com.

10.  Purchases.

Generally. From time to time, We Solo may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, We Solo direct billing or other payment platforms authorized by We Solo. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize We Solo or the third party account, as applicable, to charge you.

Additional Terms that apply if you pay We Solo directly with your Payment Method. If you pay We Solo directly, We Solo may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, We Solo may terminate your account immediately in its sole discretion.

You may edit your Payment Method information by visiting We Solo and going to “Profile”, “settings”, then “payment method”. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and

 

the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to We Solo will be through Stripe.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of We Solo) before using your subscription, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

To request a refund:

If you subscribed using your Apple ID, refunds are handled by Apple, not We Solo. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account or through We Solo directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or We Solo (you can find this on your confirmation email).

12.  Disclaimers.

WE SOLO PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR

NON-INFRINGEMENT. We Solo DOES NOT REPRESENT OR WARRANT THAT (A) THE

 

SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

WE SOLO TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, USES AS PROFILE PHOTO, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE SOLO WILL BE RESPONSIBLE FOR.

WE SOLO DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.

13.  Third Party Services through We Solo.

 

Use of We Solo Booking Services. The We Solo Company offers you the ability to search for, select, and book travel reservations with third-party suppliers without leaving the Services. Before booking travel reservations via the website or app, you will become an Account Holder.

By booking via the websites, you acknowledge that you accept the practices described in our Privacy Policy and this Agreement. In addition, you warrant, either in your individual capacity or as a Business Representative, that you are 18 years of age or older, that you possess the legal authority to enter into this Agreement and use the Services in accordance with this Agreement, and that all information you supply is true and accurate. You further agree that you will use We Solo booking facilitation services only to make legitimate reservations for you or others for whom you are legally authorised to act. Any false or fraudulent reservation is prohibited, and any user who attempts such a reservation may have his or her account terminated.

AS A USER OF THE SERVICES, INCLUDING We Solo COMPANIES’ BOOKING FACILITATION SERVICES, YOU UNDERSTAND AND AGREE THAT: (1) We Solo WILL NOT HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORISED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORISED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO We Solo, ITS CORPORATE AFFILIATES AND/OR OTHERS.

When you book a reservation facilitated by We Solo, your payment information will be collected and transmitted to the supplier to complete the transaction, as described in our Privacy Policy. Please note that the supplier, not We Solo, is responsible for processing your payment and fulfilling your reservation.

 

We Solo will not interfere with reservations arbitrarily, but reserves the right to withdraw booking facilitation services because of certain extenuating circumstances, such as when a reservation is no longer available or when we have reasonable cause to suspect that a reservation request may be fraudulent. We Solo also reserves the right to take steps to verify your identity to process your reservation request.

In the unlikely event that a reservation is available when you place an order but becomes unavailable prior to check-in, your sole remedy will be to contact the supplier to make alternative arrangements or to cancel your reservation.

Third-Party Suppliers. We Solo is not a travel agency and does not provide or own transportation services, accommodations, restaurants, tours, activities or experiences. Although We Solo displays information about properties owned by third-party suppliers, such actions do not in any way imply, suggest or constitute We Solo’s sponsorship or approval of third-party suppliers, or any affiliation between We Solo and third-party suppliers. Although users may leave tips about or rate and review particular transportation services, accommodations, restaurants, tours, activities or experiences based on their own experiences, We Solo does not endorse or recommend the products or services of any third-party suppliers, save that We Solo specified affiliations. We Solo do not endorse any Content posted, submitted or otherwise provided by any user or business, or any opinion, recommendation or advice expressed therein, and We Solo expressly disclaim any and all liability in connection with such Content. You agree that We Solo are not responsible for the accuracy or completeness of information they obtain from third-party suppliers and display on the Services.

If you book a reservation with a third-party supplier, then in addition to this Agreement, you agree to review and be bound by the supplier’s terms and conditions of purchase and website use, privacy policy and any other rules or policies related to the supplier’s site or property. Your interactions with third-party suppliers are at your own risk. We Solo will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage or other damages or expenses resulting from your interactions with third-party suppliers.

The Services may link you to supplier sites or other sites that We Solo does not operate or control. For further information, please refer to the “Links to Third-Party Sites” section below.

Booking Holiday Rentals, Restaurant Reservations and Experiences with Third-Party Suppliers Listed on Corporate Affiliate Sites. Some of We Solo’s affiliates act as marketplaces to facilitate travellers’ ability to (1) enter into holiday rental agreements with property owners and managers, (2) make reservations for restaurants and/or (3) make reservations for tours, activities and attractions with third-party suppliers of such Experiences. Those corporate affiliates of We Solo syndicate their advertisements to other entities within the We Solo group and that is why you see them on the We Solo website. As a user, you must be responsible for your use of the Services, and any transaction involving We Solo’s corporate affiliates.

Because neither We Solo nor its corporate affiliates are parties to any Advertisers, any dispute or conflict involving an actual or potential transaction between you and an Advertiser, including the

 

quality, condition(s), safety or legality of listed Content, the Advertiser’s ability to rent a Holiday Rental property, provide you with a reservation, meal or other service at a Restaurant or provide an Experience, or your ability to pay for a Holiday Rental property, a Restaurant meal or service or an Experience, is solely the responsibility of each user.

One of We Solo corporate affiliates may act as an Advertiser’s limited agent solely for the purpose of transmitting your payment to the Advertiser. You agree to pay an Advertiser, or a We Solo corporate affiliate acting as limited payment collection agent on behalf of an Advertiser, any specified fee(s) charged by the Advertiser for any Holiday Rental reservation or Experience.

If you enter into a dispute with an Advertiser in the EU, alternative methods for resolving that dispute are available online here: http://ec.europa.eu/consumers/odr/.

 

TRAVEL DESTINATIONS

International Travel. Although We Solo offers helpful information on international destinations through ETT, when you book international travel reservations with third-party suppliers or plan international trips using the Services, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.

For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. We Solo accepts no liability for travellers who are refused entry onto a flight or into any country because of the traveller’s failure to carry the travel documents required by any airline, authority or country, including countries the traveller may just be passing through en route to his or her destination.

It is also your responsibility to consult your physician for current recommendations on vaccinations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We Solo offers travel briefs and alerts updated from government websites, but there is no guarantee or promise that the information is exhaustive or completely up-to-date current government requirements. We Solo urges travellers to investigate and review travel prohibitions, warnings, announcements and advisories issued by their own governments and destination country governments prior to booking travel to international destinations. For example, information on conditions in various countries and the level of risk associated with travel to particular international destinations is provided by the United States Government at www.state.gov, www.tsa.gov,www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, We Solo DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

 

 

14.  Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL We Solo, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF We Solo HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL We Solo’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO We Solo DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST We Solo, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15.  Retroactive and Prospective Arbitration, Class-Action Waiver, and Jury Waiver.

Except where prohibited by applicable law:

 

  1. The exclusive means of resolving any dispute or claim arising out of or relating to this

 

Agreement (including any alleged breach thereof), or the Service, regardless of the date of accrual and including past, pending, and future claims, shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against We Solo in a small claims court of competent jurisdiction in the county in which you reside, or in Portland, Oregon. Such arbitration shall be conducted by written submissions only, unless either you or We Solo elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against We Solo.

  1. By accepting this Agreement, you agree to the Arbitration Agreement in this Section
  2. In doing so, BOTH YOU AND We Solo GIVE UP THE RIGHT TO GO TO COURT to assert or defend any claims between you and We Solo (except for matters that may be properly taken to a small claims court and are within such court’s jurisdiction). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING, including, without limitation, any past, pending or future class actions.
  3. If you assert a claim against We Solo outside of small claims court, your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. The same is true for We Solo. Both you and We Solo are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant the relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures .
  4. The Jurisdiction and Venue provisions in Sections 16 and 17 are incorporated and are applicable to this Arbitration Agreement.
  5. As you decide whether to agree to this Arbitration Agreement, here are some important considerations:
  • Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties under the Consumer Arbitration Rules of the American Arbitration Association. Arbitration does not limit or affect the legal claims you as an individual may bring against We Solo. Agreeing to arbitration will only affect where those claims may be brought and how they will be resolved.
  • Arbitration is generally considered to be a more rapid dispute resolution process than the judicial system, but that is not always the case. The Arbitrator will typically determine whether We Solo or you will be required to pay or split the cost of any arbitration with We

 

Solo, based on the circumstances presented.

  • You will be precluded from bringing any class or representative action against We Solo, unless you timely opt out of the retroactive application of this Arbitration Agreement, and you will also be precluded from participating in any recovery resulting from any class or representative action brought against We Solo, in each case provided you are not already bound by an arbitration agreement and class action waiver previously agreed to with We Solo.
  • Under Rule R-9 of the AAA Consumer Arbitration Rules, either party to an arbitration involving a claim within the jurisdiction of a small claims court may choose to have the case decided by the small claims court instead. Please review Rule R-9 for more details. Nothing in this Agreement, including the right of the consumer (but not We Solo) to file a dispute directly in small claims court rather than initiating arbitration, should be construed as being inconsistent with either party’s right to invoke Rule R-9 after an arbitration has been initiated.
  1. WHETHER TO AGREE TO THIS ARBITRATION AGREEMENT IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD TAKE CARE TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.

 

16.  Governing Law.

 

Except where our arbitration agreement is prohibited by law, the laws of Oregon, U.S.A., without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with We Solo. Notwithstanding the foregoing, the Arbitration Agreement in Section 15 above shall be governed by the Federal Arbitration Act.

 

17.  Venue.

 

Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in Portland, Oregon, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with We Solo that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Portland, Oregon, U.S.A. You and We Solo consent to the exercise of personal jurisdiction of courts in the State of Oregon and waive any claim that such courts constitute an inconvenient forum.

 

18.  Indemnity by You.

 

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless We Solo, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

 

19.  Entire Agreement; Other.

 

This Agreement, along with the Privacy Policy, the Safety Tips, and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service, contains the entire agreement between you and We Solo regarding your relationship with We Solo and the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of We Solo to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your We Solo account is

non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind We Solo in any manner.