Terms of Use, Privacy and Purchasing Policy

Terms of Use

Last Updated: March 21, 2014

 

1. Acceptance of Terms of Use. Thank you for visiting this website (the “Site”). We (Solo Technology Holdings, LLC) are offering access to and use of the Site subject to your acceptance of these Terms of Use. Please read these Terms of Use carefully before accessing or using the Site. By accessing or using content from this Site, you are accepting these Terms of Use. If you do not agree to the Terms of Use, you are not to access or use the Site.

2. Description of the Site. The Site allows you to access and use the Company’s information and materials to the extent and in the manner published or offered on the Site.

3. Access. In order to access or use the Site, you need the equipment and software necessary to connect to the World Wide Web (“WWW”) and the connection necessary to access the WWW. You are responsible for providing all such equipment and software as well for any fees associated with such connection or access (such as those charged by an Internet Service Provider (ISP) or telephone company). You agree to: (a) provide accurate and complete information if and when prompted to do so, and (b) maintain and update such information so it remains accurate and complete.

4. Privacy. Your privacy is important to us. All information gathered from you in connection with your use of the Site will be governed by the then-current provisions of our Privacy Policy.

5. Intellectual Property and Rights to Access Site.
5.1 Ownership. The Site’s information, images, materials and other content as well as the associated database is owned by Solo Technology Holdings, LLC (“STH”) and/or its licensors or designees, and the underlying software, technology, display and format as well as intellectual property rights and interests is owned by STH or its licensors. The Site’s content, information, technology and format is protected by applicable domestic and international patent, copyright and other intellectual property and proprietary rights and laws, and is offered to you, as it exists on the Site, for limited use pursuant to these Terms of Use. You shall not copy, distribute, publish, display, perform, modify download, transmit, transfer, sell, or license, create derivative works from or based on, publicly display, frame, link, or in any other way exploit any of the Site or its content, in whole or in part, other than any of your own personal information that is provided for and found through the use of the Site, without the prior written permission of STH or the respective copyright holder.

5.2 Trademark Notices. All trademarks, service marks, trade names and logos contained in the Site are the property of their respective owners.

6. Changes to Site. This Site, in whole or in part, as well as its content and the products and services found through the Site may be modified, suspended or discontinued at any time, with or without notice.

7. Modifications to Terms of Use; Additional Terms. The Terms of Use may be revised at any time. Any modifications shall be effective upon the earlier of the posting of the modified Terms of Use on the Site, or direct e-mail notification of the changes to you. You agree to review these Terms of Use periodically so that you are aware of any modifications. Your continued use of the Site shall be deemed your acceptance of the modified Terms of Use. You agree that the above-listed standards for notice of changes are reasonable.

8. Failure to Comply with Terms of Use. You acknowledge and agree that your access and use of the Site may be suspended or terminated in whole or in part, and without prior notice, if you engage in any conduct that: (a) violates any term or provision of these Terms of Use, (b) violates the rights of STH or third parties, (c) or is otherwise inappropriate for continued access and use of the Site.

9.Product or Service Purchases
When using this Site, you may have the opportunity to purchase products and our services. If electing to want to make a purchase, you agree that your order is an offer to buy all products and services listed in your order that is governed by these Terms of Use and our Purchasing Policy. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our Customer Service Department at 800-485-8904.

10.Using E-mail
If you provide us with your e-mail address, or have done so in the past, we may upon occasion send you e-mail. E-mail sent to us through the Site will be maintained in a manner consistent with our legal and regulatory requirements regarding client and public communications. Please note that e-mail does not provide a completely secure and confidential means of communication. It is possible that your e-mail communication may be intercepted or viewed by another Internet user while in transit to us.

11. Disclaimer. THIS SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO ALL SUCH MATERIALS ARE DISCLAIMED. NO WARRANTY IS MADE THAT THIS SITE OR ITS CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO WARRANTY IS MADE CONCERNING THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, OR THE QUALITY OF ANY SERVICES AVAILABLE THROUGH THE SITE. NO REPRESENTATION OR WARRANTY IS MADE THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS.  OUR SITE MAY CONTAIN GENERAL MEDICAL OR HEALTHCARE INFORMATION THAT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE — USED IN ANY WAY FOR MEDICAL DIAGNOSIS OR TREATMENT.  YOU SHOULD ALWAYS OBTAIN ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL.

IN STATES WHICH RESTRICT OR DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.

12. Limitation of Liability. YOU UNDERSTAND THAT IN NO EVENT WILL STH OR ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR STH BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (A) YOUR — USE OR INABILITY TO — USE THE SITE, OR (B) YOUR RELIANCE ON ANY SERVICES OR CONTENT PROVIDED BY THE SITE; EVEN IF ANY OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO, IN NO EVENT WILL ANY OF THE ABOVE IDENTIFIED PARTIES IN THIS SECTION BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN $500 (USD).   YOU AGREE THAT ANY CA– USE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CA– USE OF ACTION ACCRUES. OTHERWISE, SUCH CA– USE OF ACTION IS PERMANENTLY BARRED.
IN STATES WHICH RESTRICT OR DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.

13. Notice. Notices by STH or its agents to you may be given by means of a general posting at the Site or to your Company e-mail address. Notices (including questions, complaints, or legal notices) by you may be given by e-mail messages or conventional mail, as follows:

Electronic mail (e-mail) must be sent to our representatives at info@ikeyp.com.

14. Miscellaneous. These Terms of Use and Privacy Policies (and any addenda or statements expressly incorporated into these Terms of Use that you enter into) constitute the entire agreement with respect to your use of and access to the Site, and these Terms of Use and Privacy Policies replace all prior or contemporaneous understandings or agreements, written or oral, regarding your use of and access to the Site. If any provision of these Terms of Use and Privacy Policies is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of these Terms of Use and Privacy Policies shall remain in full force and effect. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.  These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to these Terms or the Service shall be filed only in the state or federal courts in and for the City of New York and State of New York,  and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.  The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

 

 

 

Privacy Policy

Last Updated: March 21, 2014

 

We (Solo Technology Holdings, LLC) value the privacy of our users, customers and others (collectively or individually “Users”) who visit our website and who purchase our products and/or services (collectively, the “Service”). This statement governs information you provide to us or that we learn from your use of the Service and tells you how we may collect, use, and in some instances share, this information.

The Information Collected

User Provided Information: You may provide us what is generally called “personally identifiable” information when you purchase products from us, such as your name and e-mail address. In addition, we may give you the option to provide us with certain demographic information or other personally identifiable information about yourself.

“Cookies” Information: When you visit the Service, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer. We use both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. By using these cookies, we can “remember” what you have done on the Service before and personalize our site for you. These persistent types of cookies can be removed. Each web browser implements different functionality, so please refer to the manuals or technical support resources that are available in conjunction with your web browser to learn the correct way to modify your cookies set-up. If you are using the Service in a jurisdiction where your prior consent is required for us to deploy any particular cookies, you will be asked to accept such cookies before they are deployed. Please note that disabling cookies or declining to accept certain cookies will prevent you from accessing some of the functionality and site offerings available via the Service.

“Automatically Collected” Information: When you visit the Service or open one of our HTML emails, we may record certain information from your web browser by using different types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your Internet Protocol address (“IP Address”), web browser type, the web pages or sites that you visit just before or just after the Service, the pages you view on our site, and the dates and times that you visit.

Payment Information: If you purchase services directly from us, we may collect the billing and financial information necessary to process your charges, which may include your postal and e-mail addresses. We may also receive the billing and payment information that you provide when your purchase is processed by another party, such as PayPal.

Customer Support Correspondence: When you ask for assistance from our Customer Support team, we will collect and store the contact information you provide (generally your name and e-mail address), information about your activity on the Service, and your user ID number. We will also store the correspondence and any information contained within.

Uses of Information

We use the information that we collect to provide to you all of the features and services found on the Service. We may use your email address for marketing purposes, unless you have expressly notified us that you prefer for us not to use your email address for any specific marketing purposes (“opt-out”). While you may opt-out from such marketing use, you may not opt-out from our use of your email address for non-marketing or administrative purposes such as automatic notifications of recent account activity, or notifying you of major site updates.

We may use all of the information that we collect from our Users to understand the usage trends and preferences, to improve the way the Service works and looks, to improve our marketing and promotional efforts, and to create new features and functionality.  As part of this process, we may use Google Analytics to provide us with aggregated information about how Users interact with the Service, and may set cookies and/or use web beacons for this purpose. The information gathered by the Google Analytics software (including any personal information about you) will be sent to Google where it will be stored and used by Google in accordance with its own privacy policy rather than ours. Please review the Google Privacy Policy http://www.google.com/policies/privacy/ or contact Google for more information.

We may use automatically collected information and cookies information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (b) provide custom, personalized advertisements, content and information; (c) monitor the effectiveness of our marketing campaigns; and (d) monitor aggregate usage metrics such as total number of visitors and pages viewed.  We will not use your email address or other personally identifiable information to send promotional or marketing messages except for those specific programs or features for which you will have the ability to opt-out.

Disclosing Information

We may disclose both personally identifiable and automatically collected information to affiliated companies or other businesses or persons to process such information on our behalf, to provide website maintenance and security, to offer certain features on the Service, to assist us in improving the way the Service works and looks, and to create new features. We require that these parties agree to process such information in compliance with our Privacy Policy, we use reasonable efforts to limit their use of such information, and we require these parties to use any other appropriate confidentiality and security measures.

We may share automatically collected and other aggregated non-personally-identifiable information such as mobile device identifying information with interested third parties for their use and distribution for their business purposes, including without limitation for the purposes of assisting them in understanding the usage patterns for certain content, services, advertisements, and promotions.  We may share personally identifiable information with other third-party organizations for their marketing or promotional use without your consent, except with respect to any specific program or feature for which you will have the ability to opt-out.

We may disclose your personally identifiable information if we believe in good faith that such disclosure is necessary to (a) comply with laws or to respond to subpoenas, court orders, warrants or other legal demands or to establish or defend us from legal claims; or (b) to protect and defend our rights or property, you, or third parties from fraud, abuse or violations of the Terms of Service or illegal acts; or (c) to protect the safety or integrity of us, the Services, our Users, the public or other parties as it is deemed appropriate, in our sole discretion. You hereby consent to our sharing your personally identifying information under the circumstances described herein.

If we should ever file for bankruptcy or have its assets sold to or merge with another entity, information we receive from you through the Service is an asset of ours and may be transferred to another party; however, in the event of such a transfer, we will require that the transferee agree to honor this Privacy Policy, as it applies to Users prior to the effective date of any such transfer, unless we are legally prohibited from doing so.

Except as otherwise noted in this Privacy Policy, we do not share personal information about Users with third parties unless doing so is appropriate to carry out a User’s request or it reasonably believes that doing so is legally required or is in our interest to protect property or assert other legal rights.

Third-party Advertisers, Links to Other Sites

We may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Service. These third-party ad servers or ad networks may use technology to send, directly to your browser, the advertisements and links that appear within the Service. They may automatically receive your IP Address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content.  We may provide personally identifiable information to these third-party ad servers or ad networks except as part of a specific program or feature for which you will have the ability to opt-in. Also, please note that if an advertiser asks us to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they were trying to reach.  You should consult the respective privacy policies of these third-party ad servers or ad networks. Our Privacy Policy does not apply to, and we cannot control the activities of, such other ad servers or ad networks or their websites.

Changes and Updates to this Privacy Policy

We reserve the right, at our discretion, to change, modify, add, or remove portions of this Privacy Policy at any time for any reason, and we may notify you of such changes through any of a variety of means, including a change to the “Last Updated” date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. In the event of a material change that may directly affect your account, we will notify you via the most recent e-mail address that you have provided to us in conjunction with your account. Please check this Privacy Policy periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes

Contacting Us

If you have any questions, comments, or concerns about this Privacy Policy, please email us at privacy@ ikeyp.com.

 

 

 

Purchasing Policy

Last Updated: March 21, 2014

 

We (Solo Technology Holdings, LLC) may make products and/or services available for order, with all products and orders so available being subject to the provisions of this policy, the Terms of Use available on our Site, and such invoice, statement, and other documents as we may provide with regard to a product, service or order.

Prices and Payment.

All prices posted on our Site or published materials are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.  Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard and American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Shipments; Delivery; Title and Risk of Loss.

We will arrange for shipment of the products to you. We typically ship products as orders are accepted and products become available unless we otherwise agree in writing to a specific shipment date. However, there may be times when the product you have ordered is out-of-stock, which will delay fulfilling your order. In such instance, we will try to keep you informed of any such products and when they might become available for immediate shipment. Please check the individual product page for specific delivery options.  You will pay all shipping and handling charges specified during the ordering process.  Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Refunds.

Due to the unique nature of our business and related matters of public safety, we will only accept a return of products for a refund of the purchase price, less the original shipping and handling costs and a restocking fee of $20, provided:

(i)   Such return is made within twenty (20) days of our original shipment date to you,

(ii)  Such products are returned in their original condition,

(iii) A copy of the original invoice is provided to us with the returned shipment, and

(iv) Such products have not been designated by us, either on the Site or during your request for a return authorization, as non-returnable.

To return products, you must contact us by either calling 800-485-8904  or sending an e-mail to support@ikeyp.com in order to obtain a Return Authorization Number. No returns of any type will be accepted without such a number, which are only good for fourteen (14) from the date they are provided to you.  You are responsible for all shipping and handling charges and all risk of loss and damage on returned items and should fully insure your return shipment against loss or damage.  Unless otherwise approved by us, your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

Goods Not for Resale or Export.

You agree to comply with all applicable laws and regulations of the various states and of the United States, including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own internal business or personal use, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations“).  Our products and services, along with our Site, and its Contents, are intended to comply with the laws and regulations in the United States.  While available outside the United States, the Content of the Site that pertain to the products and services are intended for purchase and use only by residents of the United States.  The laws and regulations of other jurisdictions may be different, and offers for any product or service made on our Site are void where prohibited by law

Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Policy or our Terms of Use, for any failure or delay in our performance under this Policy or the Terms of Use or for any delay or issue with an order or the products or services provided per an order when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Dispute Resolution and Binding Arbitration.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITH REGARD TO OUR PRODUCTS,SERVICES AND ANY ORDERS PERTAINING TO THE SAME, YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.  ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 14. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.  The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.  If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.