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Terms of service

GENERAL INFORMATION

This website is owned and operated by Sola Fide Designs KC, LLC through the platform Wix. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By using our website and any information, products, or services that you access, you approve that you have read, understood, and agree to be bound by these Terms. If you do not agree to these terms and conditions then you may not use our website or purchase our products.

 

Throughout this website "the Company", "We", "Us" or "Our" in this agreement refers to Sola Fide Designs KC, LLC.

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

We reserve the right to change or modify this agreement at any time without warning. It is your responsibility to check this page for updates and changes. Anything in this agreement applies to all products and information on our website, including any new products, features, and information.

 

SECTION 1 - ONLINE STORE TERMS

When buying an item, you agree that:

  1. you are responsible for reading the full item listing before making a commitment to buy it:

  2. you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

  3. The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, is your responsibility.   

  4. You may not use our products or services for any unlawful or unauthorized purpose including but not limited to any local laws of your country, state, providence, city, etc.

  5. You are purchasing our product or service for your own use and not for the purpose of recreating, copying, selling, or reproducing our product in any way except with written proof or consent from us.

  6. You are over the age of 18.

 

 

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPATIBILITY, AND TIMELINESS OF PRODUCTS AND SERVICES

While we do our best to make sure our products are accurate, functional, and compatible sometimes circumstances out of our control arise, we are not responsible for products not working or fitting because of changes in third-party machines or equipment that our product is used on. However, if an issue arises, we will work with you to modify, exchange or issue a refund because of a failure of our product related to the machine or equipment it is intended for. We are not responsible if our product or services are misused, not installed correctly, or used in a manner that they are not intended for.

 

We try to update our products, pictures, and information in a timely manner however we are not responsible for any inaccurate, incomplete, or historical information. We also do our best to make sure that the colors, options, and placement of our products are shown in an accurate and realistic manner. However, we are not responsible for misinterpretation, the accuracy of your device's displays, or our failure to update pictures in a timely manner.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 4 - RETENTION OF RIGHT TO CHANGE SERVICES

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. The prices we charge for using our services or products are listed on the website. We reserve the right to change our prices and quantities for products and services displayed at any time, and to correct pricing errors that may inadvertently occur. Including charging more before shipment of your items(s).

 

SECTION 5 - REFUND AND EXCHANGES

If you are unsatisfied with our product please reach out and we will try to fix your issues however, if you are still unsatisfied you may return any undamaged product, with its included accessories and packaging within 30 days of the date you receive the product. Please note before you return your product you need to reach out to us so that we may approve your refund. No refund will be issued until we receive the product and examine it for damage.

 

When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for the shipment of repaired or replaced products to the customer and the customer will be responsible for the return shipment of the product to us.

 

SECTION 6 - BILLING, PAYMENT, AND PERSONAL INFORMATION

By purchasing our product, filling out our contact form, or by any other means giving us information, you agree that the information is current and accurate. This includes but is not limited to your address, phone number, email address, and billing information. If we suspect any of the previous information is wrong, we may try to contact you to correct it. If you cannot be reached the product will be sent to the address you provided. If you do not receive the product no refund will be given and you will be responsible for the purchase of a new product.

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors

For more information about your personal information see our privacy policy.

 

SECTION 7 - OPTIONAL AND THIRD-PARTY TOOLS

You acknowledge that sometimes our products are meant to work with third-party tools or equipment and that there are “as is” or “as available.

 

We hold no responsibility if they do not meet your expectations, arrive damaged, or are unavailable. We have no liability for your usage or ownership of those tools and equipment.

 

Any recommended or optional tools offered through the site and your purchase or usage of them is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

SECTION 8- THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

SECTION 9 - OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS, AND LOGOS

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Sola Fide Designs KC, LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed on the website.

 

SECTION 10- USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

SECTION 11- ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - RIGHT TO SUSPEND USER ACCOUNT

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination, you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

 

SECTION 13 - INDEMNIFICATION

You agree to indemnify and hold Sola Fide Designs KC, LLC harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

SECTION 14 - LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Sola Fide Designs KC, LLC or Nick Nofsinger be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. This includes but is not limited to material, equipment, work holding, or self.

ATC and Spindle USERS

By purchasing the ATC kit or Spindle kit from Sola Fide Designs KC/Nick Nofsinger you are taking responsibility for any damage including but not limited to, yourself (including death) workpieces, tool-holding equipment, machines, personal property, or other equipment. THEREFORE you (the customer) do hereby release and forever discharge the Releasee (Sola Fide Designs KC/Nick Nofsinger) including their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the Liability (this ATC kit or Spindle Kit).

 

SECTION 15 - RIGHT TO CHANGE AND MODIFY TERMS

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

SECTION 16 - PROMOTIONAL EMAIL AND CONTENT

You agree to receive from time-to-time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

 

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Sola Fide Designs KC, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 18 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. (l)if you are under the age of 18. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

 

SECTION 19 - PREFERENCE OF LAW AND DISPUTE RESOLUTION

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

SECTION 20 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 21 – CONTACT INFORMATION

If you have any questions you can contact us:

By email: Solafidedesignskc@gmail.com

By visiting this page on our website: https://www.solafidedesignskc.com/contact

Last updated: 11/22/23- updated section 14 limited liability

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