Terms of service

Last updated: March 23, 2026 

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND CONDITIONS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 17 AND 18). THESE TERMS ALSO CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS (SEE SECTION 19). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

OVERVIEW

Welcome to Velasola! The terms “we”, “us” and “our” refer to Velasola. Velasola operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Velasola is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, mandatory arbitration, and class action waiver provisions.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 19 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 19 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. If you use the Services, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person. If you believe your account has been compromised, please contact us immediately at support@velasola.com.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 – PRODUCTS SOLD FOR PERSONAL USE ONLY

You agree that any products or services you purchase from Velasola on or through the Services will be used for your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or export any product that you order from the Services. Resale of our products outside of authorized channels can result in the product becoming materially different, which may affect safety, efficacy, or the ability to honor warranties or guarantees. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 4 – NO MEDICAL ADVICE; FDA AND HEALTH DISCLAIMER

The products sold through the Services are dietary supplements. The statements made regarding our products have not been evaluated by the U.S. Food and Drug Administration (FDA) or Health Canada. Our products are not intended to diagnose, treat, cure, or prevent any disease.

The material on the Services is provided for general informational purposes only and is not intended as medical advice or as a substitute for seeking advice from a qualified healthcare provider. You should consult your healthcare provider before using any information or products provided by Velasola, particularly if you are pregnant, nursing, taking medication, or have a medical condition.

Velasola does not make any guarantee that you will accomplish your health and wellness goals. Individual results may vary depending upon a variety of factors unique to you, such as your age, health, genetics, diet, and lifestyle. Testimonials, reviews, and endorsements presented on the Services reflect the individual experiences of those users and do not constitute a guarantee or prediction of the experience of any future customer.

The content on the Services relating to health, nutrition, fitness, and wellness is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services.

In the event of any adverse reaction to our products, discontinue use immediately and consult your healthcare provider. Please report any serious adverse events to the FDA’s MedWatch program or to Health Canada’s adverse reaction reporting system, as applicable.

SECTION 5 – ORDERS

When you place an order, you are making an offer to purchase. Velasola reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Velasola confirms acceptance. We must receive and process your payment before your order is accepted. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order.

Please review your order carefully before submitting, as Velasola may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

SECTION 6 – PRICES AND BILLING

Prices, discounts and promotions 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 email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

SECTION 7 – SUBSCRIPTIONS, AUTOMATIC PAYMENT, AND CANCELLATION

Certain products may be offered on a subscription basis with recurring charges at the frequency and amount disclosed at the time of purchase. By subscribing, you authorize us to charge your selected payment method on a recurring basis until you cancel.

Your payment information will be stored securely by our third-party payment processor and subscription management provider in accordance with applicable Payment Card Industry Data Security Standards (PCI DSS). We do not directly store your full credit card number, debit card number, or financial account information on our servers.

You may modify, pause, or cancel your subscription at any time by logging into your account, contacting us at support@velasola.com, or following the instructions provided in your subscription confirmation email. Cancellation will take effect at the end of your current billing cycle, and no further charges will be applied after that date. We are not responsible for charges that have already been processed prior to the effective date of cancellation.

We reserve the right to modify subscription pricing, frequency, or terms upon reasonable notice to you. If you do not agree to the modified terms, you may cancel your subscription before the next billing cycle.

SECTION 8 – SHIPPING AND DELIVERY

Accurate shipping address and phone number are required. We are not responsible for late shipments or missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, or wish to cancel your order before it has been shipped, please contact us at support@velasola.com as soon as possible. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the cardholder, even without a signature.

SECTION 9 – MONEY-BACK GUARANTEE

Velasola may offer a Money-Back Guarantee on certain purchases. The specific terms, eligibility requirements, and timeframe for any Money-Back Guarantee will be disclosed at the time of purchase and on the applicable product page. The Money-Back Guarantee is only valid on products purchased directly from our website.

Purchases that do not qualify for the Money-Back Guarantee are subject to our Standard Refund and Return Policy. If you claim a refund under the Money-Back Guarantee and later decide to repurchase, you will no longer be eligible for the Money-Back Guarantee on subsequent orders.

Velasola will refund the entire purchase price for all approved refunds. Refunds will be issued to the same credit card or method of payment that was used to order the product. After we receive your return, it generally takes 1–2 business days to process your refund. Once processed, it may take up to 10 days for the return to be posted to your account, depending on your financial institution.

Please email support@velasola.com to request a refund.

SECTION 10 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof (the “Content”), are owned by Velasola, its affiliates or licensors and are protected by U.S., Canadian, and foreign patent, copyright and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Services or any material on them.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content without our prior written consent. You are strictly prohibited from modifying Content; creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise, even if you intend to distribute the derivative material free of charge.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Velasola, Shopify or any third party. Unauthorized use of the Services may be a violation of federal, state, and international intellectual property laws. All rights not expressly granted herein are reserved by Velasola.

Velasola’s names, logos, product and service names, designs, and slogans are trademarks of Velasola or its affiliates or licensors. You must not use such trademarks without the prior written permission of Velasola. Velasola prohibits the use of any Velasola logo or trademark as a “hot” link to any website unless establishment of such link is approved in advance by Velasola in writing. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 11 – DMCA NOTICE; COPYRIGHT INFRINGEMENT

If you believe that any content on the Services infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information to our designated agent:

(i) a description of the copyrighted work that is the subject of claimed infringement; (ii) a description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.

All DMCA notices should be sent to: support@velasola.com

We will investigate complaints and, if the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to such material and will notify the posting party that the material has been blocked or removed.

SECTION 12 – RELATIONSHIP WITH SHOPIFY

Velasola is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Velasola. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Velasola, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Velasola.

SECTION 13 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

SECTION 14 – ELECTRONIC COMMUNICATIONS

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You consent to receive communications from us in electronic form, including email, text messages, mobile push notifications, or notices and messages posted on the Services.

SECTION 15 – FEEDBACK, TESTIMONIALS, AND SUBMISSIONS

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, testimonials, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use, including for advertising relating to Velasola’s products or services, in printed and online media, as Velasola determines in its absolute discretion.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; (iii) your Feedback is true and accurate in all respects; and (iv) your Feedback will comply with these Terms and will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right, and will not contain libelous or otherwise unlawful, abusive or obscene content.

We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. Testimonials do not represent the generally expected user experience.

SECTION 16 – PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features or other measures we employ to restrict access to the Services.

Velasola reserves the right to terminate your access to the Services or any of its services if it determines that you do not comply with these Terms, provide false information, engage in any conduct that would harm Velasola’s rights or interests, or for any or no reason whatsoever without prior notice to you.

SECTION 17 – AGENTS

17.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person’s device, without direct supervision.

17.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 17.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

17.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

17.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request’s user agent string: “Agent/[agent name]”; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by mimicking human behavior and interaction patterns, or completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 18 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. 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 and services should be directed to the applicable third-party.

SECTION 19 – SOCIAL MEDIA

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, TikTok, Pinterest, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Velasola, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

SECTION 20 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services 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 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 Services, except as required by law.

SECTION 21 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY VELASOLA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM, THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY PRODUCT WILL PRODUCE ANY PARTICULAR HEALTH OR WELLNESS RESULT. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 22 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL VELASOLA, OUR PARTNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE SERVICES OR ANY PRODUCT, REGARDLESS OF WHETHER VELASOLA HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, VELASOLA IS FOUND LIABLE UNDER ANY THEORY, VELASOLA’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, OR (B) CAD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER VELASOLA WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.

SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

SECTION 23 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND VELASOLA ON AN INDIVIDUAL BASIS.

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, VELASOLA’S PRIVACY POLICY OR TERMS OF SERVICE, VELASOLA’S ADVERTISING OR MARKETING PRACTICES, OR VELASOLA’S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY ADR CHAMBERS (OR, IF ADR CHAMBERS IS UNAVAILABLE, ANOTHER MUTUALLY AGREED-UPON ARBITRATION PROVIDER) UNDER ITS APPLICABLE CONSUMER ARBITRATION RULES.

THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA TO THE EXTENT CONSISTENT WITH APPLICABLE ARBITRATION LAW, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATORY, INJUNCTIVE AND OTHER EQUITABLE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW.

THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND VELASOLA AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT VELASOLA’S CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT VELASOLA HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE COURTS OF THE PROVINCE OF ONTARIO, CANADA FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF VELASOLA’S INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.

UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU FIRST PURCHASED A PRODUCT OR SERVICE THROUGH VELASOLA’S WEBSITE BY SENDING AN EMAIL TO SUPPORT@VELASOLA.COM, STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.

SECTION 24 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Velasola, Shopify, and their respective parent companies, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable legal fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; (3) your violation of any law or the rights of a third-party; (4) your use of or reliance on any products purchased through the Services; or (5) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 25 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Products Sold for Personal Use Only, No Medical Advice, Intellectual Property, DMCA Notice, Feedback, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 26 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 27 – WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No waiver by Velasola of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 28 – ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. Velasola and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Velasola’s business is transferred to another entity by way of merger, sale of its assets or otherwise.

SECTION 29 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Subject to the arbitration provisions in Section 23, any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada. You agree to submit to the personal and exclusive jurisdiction of such courts.

SECTION 30 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 31 – HEADINGS

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

SECTION 32 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Velasola
895 Don Mills Rd
Toronto, ON, M3C1W3, Canada
Email: support@velasola.com