Terms of Service

Solstice Consulting LLC, an Illinois limited liability company d/b/a Solstice Mobile (“Solstice Mobile the “Company” “we” or “us” or “our”) owns and operates the website, www.solstice-mobile.com, and any versions and sites we have now or in the future that reference our Terms of Service (collectively, “Site”). Solstice MobileTM is our trademark and trade name. By using the Site and/or any services that may be made available by the Site (the “Service”) you agree to these Terms of Service. You also agree to our Privacy Policy and acknowledge that you will regularly visit the Terms of Service to familiarize yourself with any updates. The Privacy Policy, together with these terms of service, and any other terms contained herein or incorporated herein by reference, is collectively referred to as the “Terms of Service” or the “Terms.”

Please read this document carefully before accessing the Site or using the Services. By accessing the Site or using the Service, you agree to be bound by the Terms. If you do not wish to be bound by the Terms, you may not access the Site or use the Service. We reserve the right, in our sole discretion, to modify, update and/or replace any of the Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms, updates or replacement Terms on the Site. You agree to review the Terms periodically to be aware of such modifications, and your continued access of the Site or use of any Service shall be deemed your conclusive acceptance of the modified, updated or replacement Terms.


1. The Site and the Service

The Site and the Service, any content thereon/therein and the infrastructure used to provide the Site and the Service is proprietary to Solstice MobileTM, our affiliates, and other content providers. By using the Site and any Service and accepting these Terms of Service: (a) Solstice MobileTM grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Service and to any additional terms and policies we set forth; and (b) you agree not to reproduce, distribute, re-transmit, publish, create derivative works from, publicly display, publicly perform, license, sell or re-sell or otherwise exploit  any content, software, products or services obtained from or through the Site or any Service without our express permission.  In the event we conduct contests or sweepstakes, it will have its own rules, terms and requirements, which may be in addition to these Terms.


2. Use of the Site and Interaction with Our Social Media

All interactions on the Site and any Service must comply with these Terms of Service.  The Site and Service may provide you ways to engage, communicate or share information with others. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, or creates any security risk or potential legal liability or exposure to us,  or is (in our sole discretion) inappropriate, we may limit and/or terminate your privileges  and seek other remedies.  Solstice MobileTM determines in its sole discretion whether or not your activity with the Site or Service is appropriate.  Categories of prohibited activities are provided as examples and are not an exhaustive list.  As a condition of your use, you agree that your use of the Site and any Service prohibits the following, whether attempted or occurring in fact:

    • Use of the Site with crawlers, robots, data mining or extraction tools,  or tracking or monitoring tools, or any other functionality;
    • Use of the Site to disseminate unsolicited commercial advertisements of a nature typically characterized as spam, including but not limited to hyperlinks provided by commercial advertisement agencies;
    • Your  display of content that is pornographic or profane in nature or that does or is intended to harass, defame, threaten, or otherwise abuse others; . Your inclusion in any content of any third party’s name, email, telephone, address, place of employment or other private or personally identifiable information without their express prior written consent;
    • Your conduct of  commercial activities and/or sales (such as contests, sweepstakes, barter, advertising or pyramid schemes) without our prior written consent;
    • Actions that may impose  an unreasonable or disproportionately large load on the infrastructure of the Site, interfere or attempt to interfere with the proper working of  any Service or bypass any measures intended to prevent or restrict access ;  
    • Deciphering, disassembling, reverse engineering, or otherwise attempting  to derive any source code or underlying ideas or algorithms of any part of the Site or Service except to the limited extent applicable laws specifically prohibit such restriction;
    • Scanning or testing the security or configuration of the Site or breaching security or authentication measures; Interfering with the Site or Service  in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site;
    • Use of the Site or any of our content to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with Solstice MobileTM;
    • Framing or Deep-linking to any portion of the Site without our express written permission;
    • Hyperlinking to the Site from any other website without our initial and ongoing consent;
    • Use of the Site to submit or display any content that:
      • Violates laws, intellectual property rights laws,  privacy and  publicity  rights;
      • Contains viruses, malware, copyrighted material of others, chain letters;
      • Has the effect of impersonating or defrauding others.
    • Acting illegally or maliciously against the business interests, reputation or services of the Company, or any company part of St. Ives Group.

3. Access to the Site

We retain the right, at our sole discretion, to deny any Service or use of the Site or a newsletter registration (sometimes referred to as an “account”) to anyone at any time and for any reason. This is our Site and Services, and not provided as a public forum of right. While we use reasonable efforts to keep the Site and Service   accessible, it may be unavailable from time to time.   We provide it on an “as available” basis.


4. Your Newsletter Registration

You may register on the Site to receive our newsletter (sometimes referred to as an “account”) for your personal use using accurate, truthful and correct registration information. Failure to do so shall constitute a violation of the Terms of Service which may result in immediate termination of your account. We reserve the right, in our sole discretion, to refuse registration of or cancel an account. You understand and agree that Solstice MobileTM shall have no responsibility for any incident arising out of, or related to, your use of the Site or any Service. You agree that you are solely responsible for any activity that occurs under your account.


5. Your Privacy

We take the privacy of your personal data seriously. We encourage you to carefully review our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Policy is incorporated in these Terms of Service, and available here.


6. Copyright and trademarks

The Site and any Service contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound; and the entire contents of the Site are protected by copyright, trademark and other intellectual property laws of the United States. Our electronic newsletters which we may send to you are delivered materials part of the Site and Service and are subject to these terms of services as our content.  We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. If downloading, copying, redistributing, retransmitting or publishing of copyrighted material is permitted, you will make independent attribution (to the owner and/or author thereof) and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

You will not upload, post or otherwise make available on the Site or in our social media activities any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.

Other marks on the Site not owned by us may be under license from the trademark owner thereof, including but not limited to St Ives plc or its affiliated companies part of the St. Ives Group, in which case such license is for our exclusive benefit and use unless otherwise stated, or may be the property of their respective owners. You may not use our or their name, logos, trademarks or brands without our express permission.


7. User Content

The Site and any Service may provide  users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, “User Content”) through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site or Service from time to time.   Where third party internet/web, online, bulletin board or other forums, blogs, communities, social media and/or platforms are accessible by you via the Site or any Service, you are responsible for compliance with the terms prescribed by such third party for use thereof and submission of User Content, in addition to your compliance with these Terms.

If you contribute any User Content, you represent and warrant that your use and the User Content complies with the Terms.   We have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content and disclose the User Content and the circumstances surrounding its transmission to any third party, at any time, for any reason, including to determine compliance with these Terms of Service and to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, we have the right to remove any material and User Content from the Site and any Service in our sole and absolute discretion. We assume no liability for any User Content or other information that appears or is removed from the Site or elsewhere. We have no obligation to use User Content and may not use it at all.

In some instances and from time to time, it may be possible for you to modify or remove the User Content submitted. We make no representations or warranties that the User Content you modify or remove will actually be modified or that the User Content will cease to appear on the Internet in search engines, social media websites, or in any other form, media or technology.

      • Public Nature of Your User Content.
        • You understand and agree that User Content is public. We may allow any person (whether or not a user of the Site) to read your User Content without your knowledge. Any User Content of any kind made by you or any third party is made by the respective author(s) or distributor(s) and not by us. Other users may post User Content that is inaccurate, misleading or deceptive. We do not endorse and are not responsible for any User Content and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect our opinion. We do not control or endorse any User Content and specifically disclaim any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site or Service, including any objectionable User Content.
      • License Grants
        • Some User Content you submit may be displayed or may give you the option to display in connection with your Personal Information, or a portion of your Personal Information, including but not limited to your name, initials, username, user account name, image, likeness, preferences, voice and location. You grant Solstice MobileTM a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, redact, display, distribute, offer for sale and sell the Personal Information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to or approval from you. However, we have no obligation to use your Personal Information in connection with any User Content. 
        • As between you and Solstice MobileTM, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant us a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, redact, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to or approval from you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. Our license in any User Content or Personal Information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.

8. Copyright Protection

Solstice MobileTM reserves the right to terminate your right or any third party’s right to use the Site if such use infringes the copyrights of another. We may, under appropriate circumstances and at our discretion, terminate such right to access to the Site, if we determine that you or a third party is a repeat infringer according to the process set out in the U. S. Digital Millennium Copyright Act (“DMCA”). If you think someone is violating your copyrights and would like to bring it to our attention, please provide the information as outlined in the DMCA.


9. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND ANY SERVICE IS AT YOUR SOLE RISK WITHOUT WARRANTY. NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, MANAGERS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE , OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT, INCLUDING WITHOUT LIMITATION AVAILABLE PROGRAMS OR (II) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ANY SERVICE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND ANY SERVICE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.


10. Limitation of Liability

IN NO EVENT SHALL SOLSTICE MOBILETM, ST. IVES PLC, OR ANY MEMBER OF THE ST. IVES GROUP, AND OUR AND THEIR ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, AGENTS, ATTORNEYS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, ATTORNEYS OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED IN THE SITE OR ANY SERVICE; (B) YOUR INABILITY TO USE THE SITE OR ANY SERVICE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE OR ANY SERVICE; OR (D) THESE TERMS OF SERVICE. IN NO EVENT WILL SOLSTICE MOBILETM’S, ST. IVES PLC’S OR ANY MEMBER OF THE ST. IVES GROUP’S TOTAL AGGREGATE LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE SITE, THE SERVICE OR THESE TERMS OF SERVICE EXCEED THE GREATER OF THE AMOUNTS, IF ANY, PAID BY YOU TO US FOR USE OF THIS SITE DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR, TEN DOLLARS ($10.00 USD). YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR  YOUR CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


11. Electronic Communications

When you use the Site or any Service, you consent to receive electronic communications related to your use. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.


12. Third Party Websites

The Site contains links to websites maintained by other parties, including but not limited to St Ives plc and companies which are part of the St. Ives Group. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource.


13. Indemnification / Release

You agree to defend, indemnify and hold harmless Solstice MobileTM, its parent company, St. Ives plc, any affiliated companies of the St. Ives Group, and our and their subsidiaries, affiliates, managers, directors, officers, employees, attorneys and agents (collectively, “Solstice Affiliates”) from and against all claims and expenses, including attorneys’ fees, arising out of or related to: (a) any Personal Content or User Content submitted or posted by you, in connection with the Site or any Service,  (b) any use of the Site or any Service in violation of these Terms of Service; (c) fraud you commit or your intentional misconduct or gross negligence;  and (d) your violation of any applicable U.S. or foreign law or rights of a third party.

You are solely responsible for your interactions with other users of the Site or any Service. To the extent permitted under applicable laws, you hereby release Solstice Affiliates from any and all claims or liability related to any conduct, speech, Personal Content or User Content, whether online or offline, of any other third party.


14. Entire Agreement

The Terms of Service, including the incorporated Privacy Policy and other terms incorporated by reference, constitutes the entire agreement and understanding between you and Solstice MobileTM with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Solstice MobileTM with respect to such subject matter.


15. Choice of Law

Any disputes arising out of or related to these Terms of Service and/or any use by you of the Site or any Service shall be governed by the laws of the State of Illinois, without regard to its choice of law rules and without regard to conflicts of laws principles.


Dispute Resolution

(a) Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Solstice MobileTM arising out of, or relating in any way to, the Terms of Service, the Site or Service,  your use of the Site or any Service, content of the Site, Personal Content, User Content, or any services offered through the Site (“Disputes”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court in Cook County, Illinois. By virtue of this Agreement (defined below), you and Solstice MobileTM are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this section). The provisions of this section constitute your and Solstice MobileTM’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Agreement”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award.

(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.

(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) you agree that any such Dispute may be instituted in a state or federal court in Cook County, Illinois; (ii) you and Solstice MobileTM irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and Solstice MobileTM agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; (iv) you and Solstice MobileTM agree to waive any right to a trial by jury.  We may have any arbitration award, court order or settlement entered in and enforced by any court of competent jurisdiction and/or where you reside or are headquartered.

(d) Injunctive Relief. Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates the Terms of Service.

(e) Time Limitations. If either of us wants to assert a Dispute against the other for monetary damages in relation to the Site, any Service, the matters covered by these Terms of Service, the Privacy Policy or arising from the content of the Site or Personal Content or User Content or your use of or experience with the Site or Services, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose, or that Dispute(s) will be forever barred; provided however, notwithstanding the foregoing and anything to the contrary, such stated time limitation shall not apply to enforcement of these Terms by Solstice MobileTM or Solstice Affiliates (i) in relation to injunctive or other equitable relief against you for your violation of these Terms, (ii) in relation to the remedy of indemnification from you as provided herein for your violation of these Terms, (iii) in any Dispute involving a third party claim arising from your violation of these Terms or law, (iv) in any action to protect our (or any third party’s) intellectual property or enforce the disclaimer of warranties, release, limitations of liability or time, and dispute resolution provisions of these Terms, (v) in relation to actions required of you for your compliance with these Terms of Service.


17. Additional Provisions

No waiver by either you or Solstice MobileTM of any breach or default or failure to exercise any right allowed under these Terms of Service is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Service. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of the Terms of Service or Privacy Policy invalid, such invalidity shall not affect the enforceability of any other provisions contained in the Terms of Service or Privacy Policy, and the remaining portions of shall continue in full force and effect.


Effective Date of these Terms of Service

These Terms of Service were last updated on February 24, 2016.


Contact Information
In the event you would like to contact or notify us, please contact us at info@solstice-mobile.com.