TERMS OF SERVICE

 

These Terms of Service (“Terms”) govern your access to and use of the Solaris Laboratories website, products, services, and related content (collectively, the “Services”), and your purchase, receipt, or use of products sold by Solaris Laboratories (“Solaris,” “we,” “us,” or “our”).

Please read these Terms carefully. By accessing or using our website, creating an account, or purchasing or using our products, you agree to these Terms and any policies incorporated into them by reference. If you do not agree, do not use the Services or purchase our products.

IMPORTANT NOTICE REGARDING DISPUTES: THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVERS. SUBJECT TO APPLICABLE LAW AND THE TERMS BELOW, THESE PROVISIONS REQUIRE CERTAIN DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE READ THE DISPUTE RESOLUTION SECTION CAREFULLY.

1. ELIGIBILITY AND USE OF THE SERVICES

You may use our Services only if you are legally capable of entering into a binding agreement and your use complies with applicable law.

You agree to provide accurate and current information when placing an order or creating an account and are responsible for maintaining the confidentiality of your account credentials.

You may not use our Services for unlawful, fraudulent, abusive, or unauthorized purposes or interfere with the security, operation, or integrity of our website or systems.

We reserve the right to refuse service, restrict access, cancel orders, or terminate accounts where reasonably necessary to protect Solaris, our customers, or our Services, or where we believe these Terms or applicable law have been violated.

2. ORDERS, PRICING AND PAYMENT

By submitting an order, you are offering to purchase the selected products subject to these Terms. Receipt of an order confirmation does not necessarily constitute final acceptance of your order.

We reserve the right, to the extent permitted by law, to accept, reject, limit, or cancel an order, including because of product availability, suspected fraud, pricing or listing errors, payment issues, suspected unauthorized resale, or other legitimate business reasons.

Prices, promotions, availability, specifications, and product offerings may change without notice. If we discover a material pricing or product-information error after you submit an order, we may contact you regarding the error or cancel and refund the affected order as permitted by applicable law.

You agree to provide current, complete, and accurate billing, shipping, and payment information.

Applicable taxes, shipping charges, duties, or other charges will be disclosed or handled as described during checkout or under applicable law.

3. PRODUCT INFORMATION AND INDIVIDUAL RESULTS

We make reasonable efforts to accurately describe and depict our products. However, product appearance, packaging, colors, specifications, and other characteristics may vary, including because of manufacturing updates or differences in displays and devices.

Information provided through our website, advertisements, educational materials, customer communications, or other Services is provided for general informational purposes and should be considered together with the instructions, warnings, and information accompanying the applicable product.

Individual experiences and results vary. Solaris does not guarantee that any product will produce a particular cosmetic, appearance-related, hair-related, skin-related, or other individual result within a particular period of time, except to the extent an express written warranty specifically states otherwise.

Factors outside Solaris's control may affect individual experiences and results.

Testimonials, reviews, photographs, demonstrations, and examples of individual experiences do not constitute a guarantee that another customer will experience the same or similar results.

Nothing in these Terms is intended to alter or expand any claims, indications, clearances, certifications, instructions, or warranties specifically applicable to an individual product.

4. PRODUCT USE, INSTRUCTIONS AND PRECAUTIONS

Our products include technology-based beauty and personal-care products, including products utilizing red-light technology.

Products must be used only as directed and in accordance with the instructions, precautions, warnings, recommended usage schedules, and other materials provided with or for the applicable product.

You should review all instructions and warnings before use. Do not exceed recommended usage, intentionally misuse a product, use a damaged or improperly functioning product, make unauthorized modifications, or use a product in a manner inconsistent with its instructions.

You are responsible for determining whether a product is appropriate for your individual circumstances and for following applicable instructions and precautions.

Certain individuals may experience sensitivity, discomfort, irritation, headache, skin reactions, or other unwanted effects when using beauty, personal-care, or light-based products. If you experience a concerning, persistent, or unexpected reaction or symptom, discontinue use and seek appropriate medical guidance when warranted.

Hair thinning, shedding, hair loss, skin conditions, headaches, irritation, and other physical symptoms may have numerous causes. The occurrence of a condition or symptom during or following use of a Solaris product does not, by itself, establish that the product caused the condition or symptom.

5. NO MEDICAL ADVICE

Solaris provides beauty, cosmetic, personal-care, and technology products. Information available through our Services is not intended to replace individualized advice, diagnosis, or treatment from a qualified healthcare provider.

Do not disregard or delay seeking appropriate medical advice because of information provided through our website or other Solaris materials.

If you have a medical condition, take medication, have unusual or unexplained symptoms, have known light sensitivity, or have concerns about whether a product is appropriate for you, consult an appropriate healthcare provider before use where warranted.

Nothing in these Terms should be interpreted as representing that a product diagnoses, treats, cures, or prevents a disease unless such representation is expressly made for that specific product and is permitted by applicable law.

6. MISUSE AND UNAUTHORIZED MODIFICATIONS

Solaris is not responsible, to the extent permitted by applicable law, for losses or injuries resulting from misuse, abuse, use contrary to provided instructions or warnings, unauthorized modification or repair, use of incompatible accessories or power sources, failure to properly maintain a product, or other use outside the product's intended or instructed operation.

Do not disassemble, alter, modify, repair, or attempt to repair a product except as expressly authorized by Solaris.

Nothing in this section excludes responsibility that cannot lawfully be excluded.

7. SHIPPING AND DELIVERY

Shipping options, estimated delivery times, and applicable charges are presented at checkout or elsewhere on our website.

Delivery estimates are estimates rather than guarantees unless expressly stated otherwise. Delays may occur because of carriers, customs, weather, supply interruptions, incorrect addresses, or other circumstances outside our reasonable control.

You are responsible for providing complete and accurate delivery information.

Risk of loss and title will transfer as provided by applicable law and the shipping terms applicable to your order.

8. INTERNATIONAL ORDERS

Solaris may make products available to customers outside the United States.

International orders may be subject to customs procedures, import restrictions, duties, taxes, brokerage fees, or other charges imposed by the destination country. Unless checkout expressly states that such amounts are included or Solaris is legally responsible for them, customers are responsible for applicable import charges.

Product availability and permitted uses may vary by jurisdiction. The availability of a product through our website does not constitute a representation that the product is appropriate or legally available in every jurisdiction.

Nothing in these Terms limits mandatory consumer rights that apply to an international customer under applicable law.

9. RETURNS AND REFUNDS

Eligible products may be returned within 30 days, subject to our Return Policy.

Returned products must be no more than lightly used and must otherwise satisfy the conditions stated in our Return Policy. Certain items may be excluded from return where permitted by law for hygiene, safety, final-sale, or other disclosed reasons.

We reserve the right to reject returns that do not satisfy the applicable return requirements, subject to applicable consumer law.

Any additional conditions, procedures, exclusions, shipping responsibilities, or refund timing are governed by the Return Policy in effect when the applicable purchase is made.

Nothing in this section limits any non-waivable return, cancellation, or refund rights provided by applicable law.

10. LIMITED ONE-YEAR WARRANTY

Solaris provides a one-year limited warranty on eligible products, subject to the applicable warranty terms provided with the product or otherwise made available by Solaris.

Unless the applicable written warranty states otherwise, the warranty is intended to cover qualifying defects in materials or workmanship arising under normal and intended use during the applicable warranty period.

The warranty does not cover, to the extent permitted by law, ordinary wear and tear, cosmetic deterioration that does not affect operation, accidental damage, loss, theft, misuse, abuse, improper storage, failure to follow instructions, unauthorized modification or repair, use with incompatible equipment, or damage caused by circumstances outside Solaris's reasonable control.

A warranty claim may require reasonable proof of purchase and information necessary to evaluate the claimed defect.

Where permitted by applicable law, Solaris may determine the appropriate warranty remedy, which may include repair, replacement, or another remedy described in the applicable written warranty.

This limited warranty gives you specific rights, and you may have additional rights under applicable law that cannot be waived or restricted.

11. RESALE AND COMMERCIAL PURCHASES

Unless expressly authorized by Solaris in writing, products purchased through our consumer website are intended for personal use and not for commercial resale or redistribution.

We reserve the right to limit quantities or reject or cancel orders that we reasonably believe are intended for unauthorized resale, diversion, fraudulent activity, or other unauthorized commercial purposes.

You may not represent yourself as an authorized Solaris distributor, dealer, retailer, representative, or agent without our written authorization.

12. INTELLECTUAL PROPERTY

The Solaris website and its content, including text, photographs, graphics, product imagery, videos, designs, logos, trademarks, trade dress, software, and other materials, are owned by or licensed to Solaris and are protected by applicable intellectual-property laws.

Subject to these Terms, Solaris grants you a limited, revocable, non-exclusive, non-transferable right to access and use the website for your personal, noncommercial use.

You may not copy, reproduce, modify, republish, distribute, sell, exploit, scrape, or commercially use Solaris content without our prior written permission, except where applicable law expressly permits such use.

Nothing in these Terms transfers ownership of Solaris intellectual property to you.

13. REVIEWS, FEEDBACK AND USER CONTENT

If you voluntarily submit a review, photograph, video, comment, testimonial, suggestion, or other content to Solaris or through functionality provided by our website (“User Content”), you represent that you have the right to provide that content and that it does not violate applicable law or the rights of another person.

You retain any ownership rights you may have in your User Content. By submitting User Content to Solaris for publication or promotional use, you grant Solaris a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, adapt, and publish that content in connection with our business, products, Services, and marketing, subject to applicable law.

You may not submit unlawful, defamatory, fraudulent, misleading, infringing, abusive, or malicious content.

We may remove or decline to publish User Content where permitted by law.

14. PROHIBITED USES

You may not use our Services to:

• violate applicable law or the rights of another person;

• engage in fraud, impersonation, or deceptive activity;

• introduce viruses, malware, or harmful code;

• gain unauthorized access to accounts, systems, or data;

• interfere with the security or operation of our Services;

• scrape, harvest, or collect information through unauthorized automated means;

• infringe intellectual-property, privacy, or publicity rights; or

• use the Services for other unlawful or unauthorized purposes.

We may suspend or terminate access for violations of this section.

15. THIRD-PARTY SERVICES AND LINKS

Our Services may integrate with or link to websites, payment processors, platforms, applications, or services operated by third parties.

Solaris does not control third-party services and is not responsible for their independent content, availability, security, terms, or privacy practices.

Your use of a third-party service may be governed by separate terms between you and that provider.

16. PRIVACY

Our collection, use, and disclosure of personal information is described in our Privacy Policy.

Please review the Privacy Policy for additional information about our privacy practices and your available privacy choices.

17. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR ANY EXPRESS WRITTEN WARRANTY PROVIDED BY SOLARIS, THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMITTED BY LAW, SOLARIS DISCLAIMS WARRANTIES THAT MAY OTHERWISE ARISE BY OPERATION OF LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.

SOLARIS DOES NOT WARRANT THAT THE WEBSITE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE.

SOLARIS DOES NOT GUARANTEE ANY PARTICULAR INDIVIDUAL COSMETIC, HAIR, SKIN, WELLNESS, OR APPEARANCE-RELATED RESULT FROM USE OF A PRODUCT.

Nothing in these Terms excludes or limits warranties, guarantees, or consumer rights that cannot lawfully be excluded or limited.

18. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOLARIS AND ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, OR THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOLARIS'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A PRODUCT PURCHASE WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO SOLARIS FOR THE PRODUCT GIVING RISE TO THE CLAIM.

FOR CLAIMS RELATING SOLELY TO USE OF THE WEBSITE AND NOT TO A PRODUCT PURCHASE, SOLARIS'S AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO SOLARIS DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW REGARDLESS OF THE THEORY OF LIABILITY.

Some jurisdictions do not permit certain warranty exclusions or limitations of liability, particularly for personal injury, defective products, gross negligence, willful misconduct, or statutory consumer rights. Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.

19. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Solaris and its affiliates, owners, officers, employees, and agents from third-party claims, damages, liabilities, losses, and reasonable costs arising from your unlawful use of the Services, material violation of these Terms, infringement of another person's rights, or unauthorized or unlawful User Content you submit.

This provision does not require a consumer to indemnify Solaris for Solaris's own conduct where such an obligation would be prohibited by applicable law.

20. GOVERNING LAW

Except where applicable law provides otherwise, these Terms and disputes arising from them will be governed by the laws of the State of Washington, without regard to conflict-of-law principles.

Nothing in this section deprives a consumer of mandatory protections provided by the laws of the jurisdiction in which the consumer resides where those protections cannot lawfully be waived.

21. DISPUTE RESOLUTION AND BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

To the fullest extent permitted by applicable law, you and Solaris agree that disputes, claims, or controversies arising out of or relating to these Terms, the Services, a purchase, or a Solaris product will be resolved through binding individual arbitration rather than through a lawsuit before a judge or jury, except as expressly provided below.

Informal Resolution

Before commencing arbitration, the party asserting a dispute must provide the other party with written notice describing the dispute and requested resolution and allow at least 30 days for the parties to attempt to resolve the matter informally.

Notices to Solaris should be sent to the contact information provided below and should identify the customer, applicable order if any, nature of the dispute, and requested resolution.

Arbitration

If the dispute is not resolved informally, either party may initiate individual arbitration administered by the American Arbitration Association (“AAA”) under the applicable AAA Consumer Arbitration Rules then in effect, unless the parties agree to another arbitration administrator.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement to the extent applicable.

The arbitrator may award the same individual remedies that would otherwise be available in court, subject to these Terms and applicable law.

Arbitration fees will be allocated according to the applicable arbitration rules and applicable law.

Small Claims

Either party may bring an eligible individual claim in small-claims court instead of arbitration, provided the claim remains individual and within that court's jurisdiction.

CLASS ACTION AND REPRESENTATIVE ACTION WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SOLARIS AGREE THAT CLAIMS WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Unless both parties agree otherwise, an arbitrator may not consolidate the claims of multiple individuals or preside over a class or representative proceeding.

JURY TRIAL WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SOLARIS WAIVE THE RIGHT TO A TRIAL BY JURY FOR DISPUTES SUBJECT TO THIS ARBITRATION AGREEMENT.

Intellectual Property and Other Exceptions

Either party may seek appropriate relief in court regarding infringement or misuse of intellectual-property rights where arbitration is not required or where temporary judicial relief is reasonably necessary to preserve rights pending arbitration.

Nothing in this section prevents either party from contacting a government agency or exercising rights that cannot legally be subjected to mandatory arbitration.

Severability

If a portion of this arbitration agreement is determined to be invalid or unenforceable, that portion will be severed to the extent legally permissible and the remainder will continue in effect, except where applicable law requires a different result.

This arbitration agreement survives termination of these Terms and your relationship with Solaris.

22. CHANGES TO THESE TERMS

We may update these Terms from time to time.

When we make changes, we will update the “Last Updated” date. If required by applicable law, we will provide additional notice or obtain consent to material changes.

Changes will apply prospectively as required by applicable law and will not alter rights or obligations where doing so would be unlawful.

23. TERMINATION

We may suspend or terminate access to our Services where reasonably necessary because of a violation of these Terms, unlawful or fraudulent activity, security concerns, or other legitimate reasons permitted by law.

Provisions that by their nature should survive termination—including intellectual-property, warranty limitations, liability provisions, dispute-resolution provisions, and accrued rights and obligations—will survive termination.

24. SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as appropriate, and the remaining provisions will remain in effect.

25. ENTIRE AGREEMENT

These Terms, together with policies expressly incorporated by reference, constitute the agreement between you and Solaris concerning the matters addressed in them and supersede prior versions relating to those matters.

Failure to enforce a provision of these Terms does not waive our right to enforce it later.

26. CONTACT US

Questions concerning these Terms may be directed to:

Solaris Laboratories
Spokane, Washington, United States
Email: Support@solarislabny.com

For returns, warranty claims, or customer-service inquiries, please follow the procedures provided on our website or contact us at the email address above.