Legal Notice - Terms & Conditions

  1. GENERAL INFORMATION
    1. These Terms and Conditions (hereinafter “Terms“) set forth a legally binding agreement between you and The Sol Group Corporation, located at 800 Brickell Ave., Suite 601, Miami, FL 33131 (hereinafter, “TSGC”, “we”, “our”, or “us”) and govern your use of the www.sol-group.com website (hereinafter, the “Website“). The terms “You” and “User” as used herein refer to all individuals and/or entities which visit or use the services of the Website for any reason.
    2. The use of these services implies your full and unreserved acceptance of these Terms and any Additional Terms (defined below) and consent to the collection, use, and sharing of your information and other activities as described in our Privacy Policy. These Terms affect your legal rights, responsibilities and obligations, govern your use of the Services, are legally binding, limit our liability to you, and require you to indemnify us and to settle certain disputes through individual arbitration. Please note that nothing in these Terms of Use affects your mandatory statutory rights under applicable law, to the extent that such rights apply to you and cannot be limited or excluded. Please read these Terms carefully before using the Website. If you do not agree to these Terms, please do not use the Website.
    3. In some instances, you may be subject to different or additional terms and conditions, policies and guidelines (“Additional Terms“) that are applicable to certain parts of the Website. Those Additional Terms will be posted on the Website in connection with the relevant offering. In the event of a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
  2. USERS
    1. Access to and/or use of the Website implies the acquisition of the condition of “User” as defined herein and the acceptance in full and without reservation, of these Terms and any applicable Additional Terms which might supplement, modify or replace them. Prior to the use of the services offered by the Website, it is therefore recommended that the User carefully reads all relevant and applicable Additional Terms.
    2. Use of the Website is also subject to all other notices, regulations and instructions made known to the User by TSGC by any means which may substitute, complete and/or modify this Legal Notice. For greater flexibility in the operation of the Website for the benefit of Users, TSGC may modify the services provided and any aspect of the Website as well as operating, technical and service conditions for use of the Website services.
    3. Similarly, TSGC may modify these Terms or the Additional Terms applied to any service or content by posting the corresponding notice on the Website. Changes will not be applied retroactively and will take effect from the date of publication. If you do not accept the amended terms of service, you must stop using the service and the Website. We recommend that you regularly check these Terms for any such changes.
  3. USE OF THE WEBSITE, ITS SERVICES AND CONTENT
    1. The Website and all of its content, including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by TSGC, our licensors, and certain other third parties. All right, title, and interest in and to the content and Intellectual Property available via the Website is the property of TSGC, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. TSGC owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the content on the Website.
    2. The User agrees to use the Website and its services and content in compliance with current legislation, morals, good customs and public order, and not to contravene the provisions of these Terms and those that may complement, modify or replace these provisions. Consequently, the User must not use the Website or its services and content for any illegal purposes or purposes harmful to the rights and/or interests of TSGC or third parties which in any way harm the normal operation of the Website or its services for its Users, TSGC and/or its image.
    3. As a rule, the provision of the services does not require prior subscription or registration of Users. However, TSGC may condition the use of some of the services upon completion of the corresponding User registration or forms. In all cases, registration will be carried out as expressly indicated in the service or in the Additional Terms governing it, and the User must provide accurate information and keep that information updated at all times. If the User submits any information about a third party, the User represents that the third party has authorized such submission. The User shall be solely responsible for any false or inaccurate statements made and any damages caused to TSGC or third parties by the information provided.
    4. Users visiting the Website may view the information contained herein and download or reproduce it on their computer systems, provided that the parts copied are not given to any third parties or installed on an Internet-connected server or local network. With respect to content (information, texts, images, sound files, photos, designs, etc.), the following are prohibited:
      1. Any reproduction, copy, dissemination, distribution, public communication, transformation or modification, unless there is permission from the legal owner or legislation.
      2. Any violation of the rights of TSGC or its owners thereof.
      3. Any use for commercial or advertising purposes other than those strictly permitted.
      4. Any attempt to obtain the contents of the Website by any means other than those made available to Users as well as those commonly used on the Internet, provided they do not cause any harm to the TSGC Website and/or services and content.
    5. Unless otherwise specifically noted in the features made available to you, the Website, its services and content and any products and services appearing or marketed on the Website are intended for and directed towards adults (those aged 18 years or above).
    6. Notwithstanding the aforementioned, TSGC reserves the right to refuse, without prior notice and at any time, access to the Website to Users who violate these Terms, or any applicable Additional Terms and for any breach of law, morals and/or public order.
    7. The exclusion of Users does not constitute any waiver by TSGC of any right to conduct any appropriate legal action or compensation to which it may be entitled.
  4. HYPERLINKS
    1. The Website may make available to Users links to other websites operated and controlled by third parties. These links have the sole function of making it easier for Users to search for or access information, content and services on the Internet and in no way may be considered a suggestion, recommendation or invitation to visit them. TSGC does not own, sell, manage, control or endorse any content, services, information or data available on such Websites
    2. TSGC thus assumes no liability, either directly or indirectly, for any damages of any kind arising from the access, maintenance, use, quality, legality, reliability or usefulness of the content, information, communications, opinions, events, products or services found or offered on Websites not managed by TSGC and which are accessible through links on the Website.
    3. Any individuals or entities who wish to create a hyperlink to any pages on the TSGC Website must comply with the following conditions:
      1. The total or partial reproduction of any services or content of the Website is not permitted
      2. No deep-links or IMG or image links, nor frames with Website pages will be allowed without the express permission of TSGC.
      3. No false, inaccurate or incorrect will be included on the TSGC Website, its employees, or the services or content offered.
      4. Except for any words or symbols that are part of the hyperlink, the Website on which it is found may not contain any trademark, trade name, label, name, logo, slogan or other distinctive signs belonging to TSGC unless authorized by TSGC.
      5. The creation of a hyperlink does not imply the existence of any relationship between TSGC and the owner of the website or portal from which it is made, nor any knowledge or acceptance by TSGC of the services and content offered on that website.
      6. TSGC is not responsible for the content or services made available to the public on any website containing a hyperlink or the information and statements included therein.
      7. The web page on which the hyperlink appears may not contain any information which is illegal or contrary to morality and generally accepted good practices and public order or include contents which infringe the rights of third parties.
  5. INTELLECTUAL PROPERTY
    1. TSGC maintains a strong commitment to the protection of Intellectual Property online. However, despite our security measures, extraordinary situations may arise which are not attributable to TSGC and are beyond the control of TSGC that may result in the misuse of a third party’s Intellectual Property. Should any User or third party believe that there has been a violation of their legitimate rights due to the introduction of specific content on the Website, they should notify TSGC of such circumstances at the address mentioned above.
  6. LIMITATION OF RESPONSABILITY
    1. DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TSGC AND ITS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “TSGC PARTIES”) PROVIDE THE WEBSITE, ITS SERVICES AND CONTENT, TSGC LICENSED ELEMENTS OR OTHER TSGC PRODUCTS OR SERVICES ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE SERVICES IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TSGC PARTIES (AS APPLICABLE) DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE WEBSITE, ITS SERVICES AND CONTENT, LICENSED ELEMENTS, USER-GENERATED CONTENT (“UGC”) OR OTHER TSGC PRODUCTS OR SERVICES WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TSGC PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT: (X) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY TSGC PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY TSGC PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (Y) TSGC PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY TSGC PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (Z) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST TSGC PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW
    2. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TSGC PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE WEBSITE, ITS SERVICES AND CONTENT, LICENSED ELEMENTS, UGC OR OTHER TSGC PRODUCTS OR SERVICES REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
    3. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY TSGC PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to the Website (including the Content and the UGC), including without limitation:
      1. your use of or inability to use the Website, or the performance of the Website;
      2. any action taken in connection with an investigation by TSGC Parties or law enforcement authorities regarding your access to or use of the Website;
      3. any action taken in connection with copyright or other Intellectual Property owners or other rights owners;
      4. any errors or omissions in the Website’s technical operation or security or any compromise or loss of your UGC or other data or information; or
      5. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results or equipment failure or malfunction. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the TSGC Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure or destruction of the Website).

      EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE TSGC PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID TSGC IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY TSGC OR A MANUFACTURER OF A PHYSICAL PRODUCT.

      The liability limitations in this Section 6 are not intended to limit any express warranties from applicable product manufacturers of physical products sold via the Services, or any express warranties by TSGC that are included in applicable Additional Terms.

    4. APPLICABLE JURISDICTIONAL LIMITS. CERTAIN JURISDICTIONS, SUCH AS NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
    5. ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  7. ARBITRATION AND DISPUTE TERMS 
    1. Forum Selection/Jurisdiction. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Website, its services and content, your UGC, these Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in Miami, Florida. Each party submits to personal jurisdiction and venue in the Miami, Florida for any and all purposes.
    2. Pre-Arbitration Notification. TSGC and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that TSGC need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or TSGC – shall send a letter to the other side briefly summarizing the claim and the request for relief. If TSGC is making a claim, the letter shall be sent, via email, to the email address listed in your TSGC account, as applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 7.2. If you are making a claim, the letter shall be sent to: The Sol Group Corporation, 800 Brickell Ave., Suite 601, Miami, FL 33131, Attn: Legal Department. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 7. Either you or TSGC, however, may seek provisional remedies (such as preliminary injunctive relief) subject to Section 7.4 before the expiration of this sixty (60)-day period.
    3. Arbitration of Claims. Unless you give us notice of opt-out within five (5) business days of your first use of the Services, addressed to: The Sol Group Corporation, located at 800 Brickell Ave., Suite 601, Miami, FL 33131, Attn: Legal Department, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section 7, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Miami, Florida, before a single arbitrator. If the matter in dispute is between TSGC and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Miami, Florida or, if sought by TSGC, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section 7; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to a court in Miami, Florida or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award. To the extent there are any challenges to the arbitrability of a claim, the arbitrator shall determine any and all such challenges.
    4. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE WEBSITE, ITS SERVICES AND CONTENT, UGC, PRODUCT OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY ANY TSGC PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY TSGC PARTY.
    5. Governing Law. These Terms and any applicable Additional Terms, General Disputes and IP Disputes and any other claim brought by you against the TSGC Parties or by TSGC against you pursuant to this Section 7, or otherwise related to the Website, its services and content, licensed elements, UGC, products or TSGC Intellectual Property, will be governed by, construed, and resolved in accordance with, the laws of the State of Florida, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section 7 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and TSGC agree that we intend that this Section 7 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 7 can only be amended by mutual agreement. Either party may seek enforcement of this Section 7 in any court of competent jurisdiction.
    6. Class Action Waiver. As permitted by applicable law, both you and TSGC waive the right to bring any Dispute as a class, consolidated, representative, collective or private attorney general action, or to participate in a class, consolidated, representative, collective or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative or private attorney general action or to consolidate, join or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative and private attorney general claims of this Section 7 is found to be void or otherwise unenforceable, any such class, collective, representative or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
    7. Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
    8. Small Claims Matters. Notwithstanding the foregoing, either of us may bring qualifying claims of General Dispute (but not IP Disputes) in small claims court, subject to Section 7.6.
    9. Survival. The provisions of this Section 7 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 7 shall remain in full force and effect notwithstanding any termination of your use of the Services or these Terms.
  8. GENERAL PROVISIONS
    1. TSGC’s Consent or Approval. As to any provision in these Terms or any applicable Additional Terms that grants TSGC a right of consent or approval or permits TSGC to exercise a right in its “sole discretion,” TSGC may exercise that right in its sole and absolute discretion. No TSGC consent or approval may be deemed to have been granted by TSGC without being in writing and signed by an officer of TSGC.
    2. Indemnity. As permitted by applicable law, you agree to, and you hereby, defend (if requested by TSGC), indemnify, and hold the TSGC Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any TSGC Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Website and your activities in connection with the Website; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Website or your activities in connection with the Website; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the TSGC Parties’ use of the information that you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the TSGC Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, the TSGC Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The TSGC Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of TSGC. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
    3. Operation of Website; Availability of Products and Services; International Issues. TSGC controls and operates the Website from the U.S., and makes no representation that the Website is appropriate or available for use beyond the U.S. If you use the Website from other locations, you are doing so on your own initiative and are responsible for compliance with applicable laws regarding your online conduct and acceptable content, if and to the extent such laws apply.
    4. Interpretation. Headings used in these Terms are for reference only and shall not affect the meaning of any terms. “Including” means “including, without limitation.” The singular includes the plural and vice versa. These Terms, and the applicable Additional Terms, are binding upon each party and its successors and permitted assigns.
    5. Entire Agreement. Except for any Additional Terms that apply to your use of the Website as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Website, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.
    6. Severability. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in that or any other jurisdiction.
    7. Our Affiliates, Suppliers and Licensors. Our affiliates, suppliers, licensors and other TSGC Parties are intended third-party beneficiaries of these Terms.
    8. No Waiver. Our failure or delay to exercise or enforce any right, remedy or provision of these Terms or by law will not operate as a waiver of such or any other right, remedy or provision.
    9. Notices. Where we need to send you notices under these Terms or in connection with your use of the Website, you hereby consent to receive electronic notices from us, whether addressed to the email address associated with your account or another email address that you provide to us. To the maximum extent permitted by applicable law, you acknowledge and agree that any communication via email or by postings on the Website satisfies any legal requirement that such communications be made in writing. All legal notices to us must be sent to: The Sol Group Corporation, located at 800 Brickell Ave., Suite 601, Miami, FL 33131, Attention: Legal Department.
    10. Force Majeure. We will not be liable to you for failing to perform our obligations under or arising out of these Terms, or the applicable Additional Terms, or any applicable laws or regulations because of any event beyond our reasonable control, including a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider or any other third party to perform, acts of war or other action of military forces, terrorism, riot, civil commotion, sabotage, vandalism, accident, fire, flood, pandemic, acts of god, strike, lock-out or other industrial disputes (whether or not involving our employees or those of our affiliates, suppliers or licensors) or legislative or administrative interference (including those giving rise to currency changes or otherwise affecting our ability to operate or provide the Website, whether in whole or in part).
    11. Changes to the Website and Amendments to these Terms. To the maximum extent permitted by applicable law, we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify these Terms in our sole discretion. Your use of the Website after any modification we make constitutes your acceptance of the most recent version of these Terms as modified.
    12. Assignment. These Terms and all of your rights and obligations under it are not assignable or transferable by you without our prior written consent. We may freely assign, transfer or delegate these Terms or any of our rights and obligations under it.
    13. Contact Information. For help with the Website or if you have any questions regarding the Website or these Terms, please contact us to the address referred to in clause 1.1. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive these Terms or the applicable Additional Terms.

Last update: May 20th, 2020.