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Terms of service

Date: 05/08/2025

The terms of use is a legal agreement (“Agreement”) between you (“you”) and SunsolveMD Inc (“SunsolveMD”).

The agreement covers the terms and conditions under which you use the SunsolveMD website (the “Site”) or purchase products from the Site (the “Products”).  Please carefully read all of the Agreement’s terms and conditions before viewing or enrolling as a registered user on the Site.  If you do not accept these terms and conditions, you are not authorized to use the Site or purchase Products via the Site.  By checking the box next to “I accept the terms of use” when registering for an account on the Site, you are deemed to have agreed to this Agreement.  You acknowledge that this Agreement is as enforceable to the same extent as any written agreement on paper signed by you.

If you are acting on behalf of a business or other organization as an employee or agent, the word “you” refers collectively to you, the individual agreeing to this Agreement, and the business or organization for which you are acting as an employee or agent, and you represent that you are authorized to enter into this Agreement on behalf of that business or organization.

  1. DISPUTES WILL BE ARBITRATED, NO CLASS ACTIONS.  YOU ACKNOWLEDGE THAT THIS AGREEMENT, IN SECTION 18 BELOW, CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES BETWEEN YOU AND SUNSOLVEMD.  EXCEPT FOR LIMITED EXCEPTIONS, THIS AGREEMENT TO ARBITRATION REQUIRES THAT DISPUTES BETWEEN YOU AND SUNSOLVEMD BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  THIS AGREEMENT TO ARBITRATE COVERS DISPUTES THAT AROSE OR WERE ASSERTED BEFORE YOU ENTERED INTO THIS AGREEMENT WITH SUNSOLVEMD.  YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT.  UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (a) YOU WILL ONLY BE PERMITTED TO RESOLVE DISPUTES AND SEEK RELIEF AGAINST SUNSOLVEMD ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (b) YOU ARE WAIVING YOUR RIGHT TO RESOLVE DISPUTES AND SEEK RELIEF IN A COURT OF LAW AND YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY TRIAL TO RESOLVE DISPUTES.
  2. Privacy.  SunsolveMD is committed to maintaining the privacy of your personal information.  SunsolveMD’s Privacy Policy governs its protection of personal information gathered from Site visitors and customers who purchase Products using its Site.  SunsolveMD’s Privacy Policy is linked here.
  3. The Products and Accounts.  SunsolveMD uses the Site as an ecommerce platform to offer various cosmetic Products with a sun protection factor to help protect users’ skin against the harms from exposure to ultraviolet rays of the sun and to help with certain skin conditions.
    1. THE PRODUCTS THAT APPEAR ON THE SITE MAY NOT BE AVAILABLE AT THE TIME OF YOUR ORDER AND WE RESERVE THE RIGHT TO CHANGE OR SUBSTITUTE PRODUCTS ON THE SITE AT ANY TIME.  ALSO, WE RESERVE THE RIGHT TO CHANGE PRODUCT PRICING AT ANY TIME.
    2. As a condition of shipping a Product to you, you must provide a payment card or other means of payment accepted by the Site for us to collect the purchase price for the Product.
    3. While SunsolveMD uses reasonable care to match Product descriptions and images to currently available Products, descriptions and images may change from time to time.
    4. Pricing on the Site is shown in U.S. dollars, does not include tax, and is effective only in the United States.  Postage and handling an sales tax will be added to the charges for an order you place.
    5. If an item in your order is not in stock, customer support will contact you to offer you a substitute product or refund your purchase price.
    6. Cancellations or order changes.  SunsolveMD strives to satisfy its customers.  However, if you wish to cancel any order or return a SunsolveMD product already shipped to you, please use the page on the Site to submit a return or cancellation or contact our customer support team.  See Section 8 for the contact information of our customer support team.  For returns and refunds, see Section 11 for details.
    7. You are not permitted to make any purchases of Products on the Site for purposes of reselling or exporting them.
    8. You are solely responsible for your activity or the activities of anyone else while using your account or account login credentials.
  4. Eligibility for Use of the Site.  Use of the Site to purchase Products is void where prohibited.  You will not be allowed to register to purchase Products on the Site if you are under the age of eighteen.  If you register for an account on the Site, you are stating that you are at least age eighteen, and that all of the information in your registration is accurate, current, and complete.  This portion of the Site is strictly for sales to persons located in the United States.  You state you are not listed on the U.S. Department of Treasury, Office of Foreign Assets Control, Specially Designated Nationals and Blocked Persons List (available at www.treas.gov/ofac) or listed on the U.S. Department of State's Terrorist Exclusion List (available at www.state.gov).
  5. License. “Site Content” means SunsolveMD-provided text, images, graphics, video, sounds, music, links, software, their selection and arrangement, and their look and feel on the Site.  If you are a Site visitor or customer, SunsolveMD hereby grants you a limited non-exclusive, non-transferable license for your own personal, non-commercial purposes:  (a) to use and view the Site and Site Content or (b) to download or print portions of the Site or Site Content (while maintaining and not removing or altering any notices of copyright, trademark or service mark rights or other proprietary notices).
  6. Restrictions on License and Confidentiality.  The Site and the Site Content are, collectively, the “Licensed Material.”  You shall not use or copy the Licensed Materials for purposes other than those permitted in Section 6.  You shall not sell, rent, lease, sublicense, or transfer the Licensed Material to others.
  7. Customer Service and Support.
    1. SunsolveMD provides customer service by email at hello@unsolvemd.com, by phone at (+1) 302-334-8396, and by chatbot on the customer service page of the Site.
    2. Although SunsolveMD seeks to maximize the availability of the Site, You acknowledge that the Site may be unavailable if Sunsolve MD or its service providers are maintaining or upgrading the Site, or if other Site outages occur.  SunsolveMD cannot guarantee that the Site will be available 100% of the time.
    3. If you have any difficulty using the Site, for instance to make a purchase, please contact customer service using the contact information above.
  8. Your Obligations.
    1. If you are a registered user of the Site, you must maintain your password in confidence, you must maintain the security of your password, and you must not share account access with anyone else.  You must also inform SunsolveMD immediately by email sent to support@sunsolvemd.com, if you have reason to believe that the security of your password has been compromised.  Before ordering any Products, you must update your account to provide SunsolveMD with accurate, current, and complete account information.
    2. “User Content.”
      1. “User Content” means text, images, graphics, video, sound, music, links, software, and other information generated or placed on the Site or on SunsolveMD’s social media platforms by you or another user, including but not limited to posts on SunsolveMD’s Instagram pages and product reviews on product pages on the Site.
      2. You grant SunsolveMD a royalty-free, worldwide, non-exclusive irrevocable license to reproduce, distribute, and publicly perform and display the User Content provided via your SunsolveMD or social media account in connection with use of the Site or SunsolveMD’s social media platforms, and to make derivative works and compilations of such User Content for purposes of displaying it on the Site or social media.
      3. You must not upload or place any User Content on the Site or on a SunsolveMD social media platform unless you have all needed rights or permissions to do so.
      4. You must not:
        1. Generate or place any User Content on the Site or on any SunsolveMD social media platform that is or may be false or misleading;
        2. Provide or submit User Content or engage in conduct on the Site or with a SunsolveMD social media platform that is pornographic, threatening, harassing, defamatory, unlawful, fraudulent, racist, bigoted, or in violation of the Intellectual Property Rights of third parties;
        3. Impersonate another user or attempt to do so;
        4. Violate or encourage the violation of any applicable law using your User Content or otherwise by your conduct on the Site or SunsolveMD’s social media platforms; 
        5. Violate the privacy rights of anyone by posting personal information of others on the Site or SunsolveMD’s social media platforms;
        6. Provide or submit User Content or otherwise engage in conduct on the Site or a SunsolveMD social media platform that falsely states or implies that such User Content or conduct is sponsored or endorsed by SunsolveMD;
        7. Provide or submit User Content or engage in conduct on the Site or a SunsolveMD social media platform constituting a breach of, or threat to, the security of the Site or a SunsolveMD social media platform, including but not limited to any electronic information containing software designed to damage or disrupt a system, such as a virus, worm, ransomware, or Trojan Horse; or
        8. Engage in conduct that SunsolveMD believes, in its sole judgment and discretion, inhibits or limits another user’s enjoyment of the Site or a SunsolveMD social media platform.
      5. SunsolveMD reserves the right to remove any User Content and to change any Site Content that it believes is necessary to remove or change in the course of administering the Site and its social media platforms in its sole discretion, including but not limited to any User Content that violates Section 9(b).
      6. If you believe that any User Content from another user or any Site Content violates your copyright rights, please send an email to support@sunsolvemd.com with a written “take down” request notice.  Any such request must be in the form of a sworn statement made under penalty of perjury, and must include information sufficient to identify the work you claim to have been infringed, to provide SunsolveMD with means to communicate with you, to confirm that the use your work is unauthorized, and a statement that you are the copyright owner or acting as a duly authorized representative of the owner.
    3. You must not obtain or attempt to obtain unauthorized access to any SunsolveMD servers or to the accounts of other.
    4. You must not harvest or collect email, social media account names, or other contact information.
    5. You must not use the Site or SunsolveMD’s social media platforms to communicate any unsolicited or unauthorized advertisements, solicitations, or mass mailing, including but not limited to, communications commonly known as spam, spim, junk mail, or chain letters.
    6. You must not interfere or attempt to interfere with the operation of the Site, circumvent or attempt to circumvent the Site’s security measures, otherwise compromise or attempt to compromise the security of the Site or any accounts on it.
    7. You must not use any process to “crawl,” “spider,” or “scrape” any pages on the Site or any Site Content.
    8. You must not use, copy, or republish the Site or Site Content to provide products or services.
    9. You must not harvest or collect Site Content for the purpose of creating a database of pricing or other information for the purpose of posting or publishing it elsewhere.
  9. Intellectual Property Rights. “Intellectual Property Rights” means all forms of intellectual property rights and protections, now known or hereafter established, that may be obtained for, or may protect, Site Content, the Site, or other content which includes, but is not limited to, all right, title, and interest in U.S. and foreign copyrights, trademarks, service marks, trade names, product names, and brand names.  The Licensed Materials are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  Except for the rights granted in Section 6, SunsolveMD and its licensors own all right, title, and interest in the Licensed Materials and any and Intellectual Property Rights in the Licensed Material.  All rights not expressly granted under Section 6 are reserved by SunsolveMD.  This Agreement does not grant you any rights to use any trademarks or service marks of SunsolveMD.
  10. Product Warranty and Refund Policy. If any Product SunsolveMD shipped to you is broken or if SunsolveMD has shipped you the wrong Product, please contact service for a replacement product.  See Section 8 for information about customer service.  If you are not otherwise satisfied with a Product SunsolveMD shipped to you for any reason, please contact customer service and we will refund the purchase price for the Product.
    1. We will refund your purchase price as long as:
      1. Not more than 28 days have passed since we shipped the Product to you;
      2. You have received authorization from our customer service team to return the Product;
      3. The product is unused and sealed in its original form;
      4. You return the Product in its original packaging and with your receipt for it; and
      5. You have followed all return instructions from SunsolveMD
    2. SunsolveMD will pay the shipping for any substitute Products sent to you although shipping charges for sending a Product back to SunsolveMD are not refundable.
  11. DISCLAIMERS.
    1. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND THE SITE CONTENT ARE AT YOUR SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA CAUSED BY THE SITE OR THE SITE CONTENT.  EXCEPT AS WARRANTED IN SECTIONS 11, THE SITE, THE SITE CONTENT, AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUNSOLVEMD AND ITS SERVICE PROVIDERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION
    2. YOU ARE RESPONSIBLE FOR DETERMINING THAT THE SITE AND THE SITE CONTENT MEET YOUR REQUIREMENTS, AND HAVE THE QUALITY AND FEATURES THAT YOU NEED, AND SUNSOLVEMD DISCLAIMS ANY SUCH RESPONSIBILITY.  SUNSOLVEMD MAKES NO WARRANTY THAT THE SITE OR SITE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF MALICIOUS SOFTWARE, OR ERROR-FREE, THAT THE INFORMATION ON THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SITE OR THE SITE CONTENT WILL BE CORRECTED.
    3. SUNSOLVE MD IS NOT RESPONSIBLE FOR THE USER CONTENT ON THE SITE OR ITS SOCIAL MEDIA PLATFORMS, CONTENT FROM OTHER USERS, OR THE ACTS OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USERS OF THE SERVICE.
  12. LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES WHATSOEVER SHALL SUNSOLVEMD OR ITS SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, OR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT, EVEN IF SUNSOLVEMD OR ONE OF ITS SERVICE PROVIDERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.  THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
  13. Third Party Websites, Content, Products, and Services.
    1. The Site may provide links to other websites or may reference content, products, or services of third parties.  SunsolveMD is not responsible for the content provided in third party websites or their availability, and you acknowledge that you bear all risks associated with these websites and their content, products, and services.  These websites have their own terms of use and privacy policies that govern their use.  Please refer to these terms and policies before you use them.
    2. You acknowledge Sunsolve MD is not responsible for loss or damage of any kind that you might incur in connection with your use of third party services or websites or any transactions with third parties.
    3. Examples of Third Party Services Used by SunsolveMD.  This subsection contains a list of some of the third party services used by SunsolveMD.  All third party services may be subject to additional terms and conditions that these services apply to customers.
      1. Shopify.  SunsolveMD’s store and Site are hosted on the Shopify Inc. platform.  Shopify is an electronic commerce platform allowing merchants to start, run, and grow their online businesses.  Before you complete purchases using SunsolveMD’s Shopify Store, you will need to agree to Shopify’s Terms of Service and Privacy Policy, which will apply to your purchase.
      2. ClearPay.  ClearPay is another third party service.  The ClearPay service enables you and other customers to make purchase from SunsolveMD’s Site now and pay over time in instalments.  Currently, ClearPay allows you to divide your payments over a 6 week period.  You will pay the first instalment on the date of purchase.
      3. Recharge.  Recharge is a service that allows you to manage purchases of SunsolveMD Products on a subscription basis, including skipping, canceling, altering, and upgrading subscription instalment purchases.  It also allows you to customize alerts regarding your Product purchases and create personalized bundles of Products to purchase as a subscription.  Please note:  you cannot cancel an instalment after it has been shipped.
      4. Okendo.  SunsolveMD uses the Okendo service platform as part of its loyalty program.  For instance, SunsolveMD uses the following Okendo features:
        1. Loyalty points for purchses that can be converted to currency or free sample products.
        2. Personalized recommendations for new Product purchases.
        3. Platform for reviews and ratings of SunsovleMD Products, which allow the upload of media subject to the restrictions in this Agreement.
        4. Sending you emails providing discounts or asking for reviews.
      5. Trademark Rights.  All service or trademarks listed in this Section 14 are the property of their respective owners.
  14. Claims.  “Claims” mean, collectively, claims, demands, suits, losses, damages, liabilities, costs, actions, judgments, and expenses (including reasonable attorney’s fees).
  15. Indemnity.  You must indemnify, hold harmless, and defend SunsolveMD and its parents, subsidiaries, or affiliates, as well as any of their respective officers, directors, members, employees, and agents (each of whom is referred to as an “Indemnified Party”) against all Claims and any judgment, civil money penalties, fines, or settlement disbursements awarded against or incurred by any of them as a result of or arising from:
    1. Your violation of any provision of Section 9;
    2. Your violation of any applicable law;
    3. Any User Content you post on or share using the Site or Sunsolve MD’s social media platforms; or
    4. Any and all allegations that your User Content infringes upon any Intellectual Property Rights.
  16. Account Termination.  You may terminate your account on the Site at any time by providing notice to SunsolveMD or following the instructions on the Site, although this Agreement will remain in effect to the extent that you continue to use the Site as a visitor.  In addition, SunsolveMD shall be entitled to terminate any account at any time, for any or no reason, with our without prior notice or explanation, and without liability.  Without limiting this right, SunsolveMD is entitled to terminate your account if you violate any term of this Agreement, if you breach any warranty in this Agreement, or if any information you provide SunsolveMD is false or misleading.  This sentence and Sections 1, 3, 7, 9(b)-(i), 10, 12, 13, 16, 18, 19, and 21 shall remain in effect even if your account is terminated for any reason.
  17. Agreement to Arbitrate and Dispute Resolution.
    1. ANY DISPUTE, CLAIM, OR CONTROVERSY (collectively, “Disputes”) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE USE OR PURCHASE OF ANY PRODUCT FROM SUNSOLVEMD, THE SITE, THE SITE CONTENT, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THE AGREEMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION, WHICH SHALL BE THE SOLE AND EXCLUSIVE FORUM FOR ADJUDICATING ANY SUCH DISPUTES.  Arbitration will be administered by JAMS, Inc. pursuant to its Streamlined Arbitration Rules and Procedures (the “Rules”) by a single arbitrator appointed in accordance with the Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  The place of arbitration shall be Wilmington, Delaware U.S.A.  The language of the arbitration shall be English.
    2. Nothing in this Agreement shall be construed to preclude a party from bringing an individual action in small claims court.
      Nothing in this Agreement shall be construed to preclude a party from seeking injunctive relief, damages, or other relief based on a breach of Section 10, or an infringement of a party’s Intellectual Property Rights.
    3. Except for small claims court suits permitted under Subsection (b), the parties irrevocably consent to the jurisdiction of the federal and state courts located in Wilmington, Delaware U.S.A. for the purpose of resolving any action at law or in equity not subject to arbitration arising out of or relating to this Agreement or brought by party arising out of or relating to Intellectual Property Rights or a breach of Section 10.
    4. To the maximum extent permitted by applicable law, each party agrees to waive the right to trial by jury, each party agrees that no arbitration or claim under this Agreement shall be joined with any other arbitration or claim, no class arbitration proceedings shall occur, and each party waives any rights to class arbitration.
    5. The arbitrator's award will state the essential findings of fact and conclusions or law upon which the arbitrator based the award.  The arbitrator’s award of damages must be consistent with Section 13, which limits the categories of damages for which a party may be liable.
    6. SunsolveMD will pay the expenses charged by JAMS, Inc. to administer the arbitration.
    7. The parties may vary the dispute resolution procedures in this section by a later written agreement.
    8. You are entitled to opt out of the terms of this Agreement to Arbitrate in this Section 18 or any amendment to this Section 18 by sending a written notice to SunsolveMD at support@sunsolvemd.com within thirty days after first becoming subject to this Agreement to Arbitrate in Section 18 or any amendment of this Section 18.  Opting out of an amended version of this Agreement to Arbitrate does not affect your agreement to arbitrate disputes under this Section 18 before the date SunsolveMD receives your opt out notice.  You must provide a contact name, email address associated with your account, postal address, and username.  Opting out of the Agreement to Arbitrate in this Section 18 shall not affect any other section of this Agreement.
  18. Notices.  All legal notices to SunsolveMD required or permitted under this Agreement shall be in writing and sent to the following addresses:
    1. SunsolveMD Inc, 200 Continental Drive, Suite 401, Newark, Delaware 19713.
    2. Your notices shall be deemed to be given (a) on the third business day after mailing if mailed by certified or registered mail, postage prepaid and properly addressed, or (b) on the date of delivery shown by a delivery confirmation if sent by a nationally-known courier service.
    3. SunsolveMD will send legal notices to registered users by email, by courier, or postal mail in its sole discretion.
  19. Changes to the Agreement.  SunsolveMD may, from time to time, make changes to this Agreement by posting a new Agreement to its Site.  Your continued use of the Site or your ordering a Product using the Site after posting of the new Agreement constitutes your acceptance of the changes to the Agreement.  If you do not agree to changes to the Agreement, you must cancel your account by providing notice to SunsolveMD or following the instructions on the Site, and you must discontinue use of the Site.
  20. Miscellaneous.  This Agreement shall be governed by the internal laws of the State of Delaware, USA without giving effect to its conflicts of laws principles. This Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement.  Except as set forth in Section 20, no amendment, modification, or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by You and an authorized representative of SunsolveMD.  The unenforceability of any provision or provisions of this Agreement shall not render unenforceable or impair its remainder.  If any provision of this Agreement is deemed invalid or unenforceable in whole or in part, this Agreement shall be deemed amended to delete or modify, as necessary, the invalid or unenforceable provision to render it valid, enforceable, and, insofar as possible, consistent with the original intent of the parties.  The headings in this Agreement are solely for the convenience of reference and shall not be given any effect in the construction or interpretation of this Agreement.  SunsolveMD may assign this Agreement any successor in interest.  You may not assign this Agreement or delegate the duties under this Agreement.  This Agreement will be binding upon, and inure to the benefit of SunsolveMD, and its successors and assigns, and You and Your heirs, representatives, and successors.