Terms of Use

Welcome to the [sol-is] body care, LLC website (THE "SITE"). Please read these terms of use carefully before using this SITE. This SITE represents a legal document and is the Terms and Conditions for our SITE, www.solisbodycare.com, www.sol-isbodycare.com, www.solisbodycare.net, or www.sol-isbodycare.net.  By using our SITE, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully. IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS OF USE, YOU SHOULD NOT USE THIS SITE. IN ADDITION, WHEN USING PARTICULAR FEATURES AND SERVICES ON THE SITE, YOU WILL BE SUBJECT TO ANY POSTED GUIDELINES AND RULES APPLICABLE TO SUCH FEATURES AND SERVICES, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.

 

Definitions

The terms “us” or “we” or “our” refers to [sol-is] body care, LLC, the owner of this SITE. A “Visitor” is someone that merely browses our SITE. A “Member” is someone who has registered with our SITE to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.

 

All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.

 

Acceptance of Agreement

This Agreement is between you and [sol-is] body care, LLC.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR SITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

 

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and [sol-is] body care, LLC, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

 

 

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.

 

Limited License

[sol-is] body care, LLC grants you a non‐exclusive, non‐transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, non‐commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

MAP POLICY

We recognize that our success is tied to the success of our network of select authorized retailers. We also know that many of our retailers invest significant time and resources to deliver multiple products at multiple price points. We want to protect their ability to do so, while at the same time discouraging price-based advertising that would be detrimental to our other retailer’s service and support efforts. As a result, sol-is body care, LLC has unilaterally established this Minimum Advertised Price (“MAP”) Policy.

 

2. Policy Statement

sol-is body care, LLC, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this MAP Policy at a price lower that the MAP.

 

3. General Guidelines

  1. The products covered by this policy are listed in Section 5, (“MAP Products”). sol-is body care, LLC may in its sole discretion modify this list from time to time.

  2. sol-is body care, LLC recognizes that retailers are free to make their own decisions to advertise and sell any sol-is body care, LLC product at any price they choose, without consulting or advising sol-is body care, LLC. Similarly, sol-is body care, LLC will exercise its right to make its own decisions regarding the sol-is body care, LLC Authorized Reseller Program, supplemental marketing materials, point-of-purchase displays, product allocation, new product availability, or future promotional, joint marketing, or sponsorship programs.

  3. The MAP Policy applies to advertised prices, not the price at which MAP Products are actually sold or offered for sale to an individual in-store or over the telephone.

  4. Sol-is body care, LLC Believes in maintaining a well regulated and fair marketplace for all its authorized resellers. Please see the FAQ's for more information on the MAP policy and enforcement.

 

4. Advertising Guidelines

  1. The MAP Policy applies to all advertisements of MAP Products in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage, as well as Internet sites, social media sites, apps, or any other electronic media.

  2. The MAP Policy does not apply to solely on premise or in-store advertising that is not distributed to customers

  3. Website features such as “click for price”, automated “bounce-back” pricing e-mails, pre-formatted e-mail responses, forms, and automatic price display for any items prior to being placed in a customer’s shopping cart, and other similar features are considered to be communications initiated by the retailer (rather than by the customer) and thereby constitute “advertising” under this MAP Policy.

  4. It shall not be a violation of this MAP Policy to advertise that a customer may “call for price” or “email for price”, or to use similar language, specifically with respect to sol-is body care, LLC Products, so long as no price is listed.

  5. This MAP Policy also applies to any activity which sol-is body care, LLC determines, in its sole discretion, is designed or intended to circumvent the intent of this MAP Policy, such as solicitations for ‘group purchases’ and the like.

  6. It shall not be a violation of this MAP Policy to advertise in general that the reseller has “the lowest prices” or will match or beat its competitors’ prices, or to use similar phrases; so long as the reseller does not include any advertised price below MAP and otherwise complies with this MAP Policy.

  7. From time to time, sol-is body care, LLC may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, sol-is body care, LLC reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.

  8. From time to time sol-is body care, LLC may offer a direct manufacturer’s rebate to customers. In such events, it shall not be a violation of this MAP Policy to advertise the availability of the manufacturer's rebate, provided that:

    • i. the advertisement includes a MAP-compliant price, the rebate amount, and the net price after manufacturer's rebate in the same type size and style;

    • ii. an asterisk is placed next to the net price after manufacturer's rebate; and

    • iii. “*after manufacturer's rebate” appears in the same area of the advertisement as the advertised product.

 

5. Bundling Guidelines

  1. “Bundling” or advertising sol-is body care, LLC products for sale together with other products will violate this MAP Policy when:

    • i. the effective or stated price of the bundle represents a discount of greater than 10% of the MAP; or

    • ii. the product(s) bundled with MAP Products violate sol-is body care, LLC's Intellectual Property rights; or

    • iii. the product(s) bundled with MAP Products violate the Sol-is body care, LLC Trademark (http://sol-is body care.com) or

    • iv. the product(s) bundled with MAP Products include words, packaging, graphics, or other indicia which may create customer confusion as to the source of the product(s); or

    • v. the effective or stated discount is greater than 10% of the highest priced item in the bundle.

  2. Gift cards, coupons, points, or other incentives which are contingent on the purchase of a MAP Product will violate this MAP Policy when:

    • i. the effective or stated price of the bundle represents an immediate discount of greater than 10% of the MAP; or

    • ii. the effective or stated price of the bundle represents a discount of greater than 10% of the MAP after taking into consideration any contingent future purchase.

  3. Rebate programs from sol-is body care, LLC, whether on MAP Products or sol-is body care, LLC's partners' products are exempt from this policy.

 

6. Policy Enforcement

  1. If a retailer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then sol-is body care, LLC will consider this to be a violation by the retailer.

  2. sol-is body care, LLC reserves the right to cancel any pending orders, restrict future orders, or suspend retailers' account if sol-is body care, LLC reasonably believes:

    • i. a retailer has violated the provisions of this policy; or

    • ii. a retailer intends to violate this policy.

  3. sol-is body care, LLC's MAP Policy Administrator is solely responsible for determining whether a violation of the MAP Policy as occurred, as well as determining appropriate sanctions.

  4. Waivers to this MAP Policy may be granted in sol-is body care, LLC's sole discretion by the MAP Policy Administrator in writing. sol-is body care, LLC Sales, Marketing, or other personnel are not authorized to modify or grant exceptions to the MAP Policy. In the event that the MAP Policy Administrator authorizes a waiver to the MAP Policy, retailers must strictly adhere to the terms of the waiver letter. Deviation from the terms of a waiver letter is a violation of the MAP Policy.

  5. sol-is body care, LLC monitors the advertised prices of retailers, either directly or via the use of 3rd party agencies or tools. Retailers are expected to provide reasonable cooperation in any sol-is body care, LLC investigations regarding possible MAP Policy violations. Hindering, obstructing, delaying, or otherwise failing to cooperate with a sol-is body care, LLC MAP Policy investigation is a violation of this MAP Policy.

  6. The MAP Policy will be enforced by sol-is body care, LLC in its sole discretion and without notice. Retailers, distributors, resellers, have no right to enforce the MAP Policy. Violations of this policy may result in any of the aforementioned sanctions up to and including termination of our business relationship, as well as any available remedies at law. All questions related to this MAP Policy should be directed to: support@solisbodycare.com

Terms & Conditions