PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING OR ACCESSING THIS SITE OR MAKING ANY PURCHASE. Solo Brands, LLC dba Solo Stove ("Solo Stove") provides outdoor products and services through this website and other controlled social media pages (including, but not limited to, Facebook and Instagram) (“Site”). By using this Site, or making any purchase through this Site, you agree and accept to be bound by these Terms and Conditions (“Terms”). If you do not agree to the Terms, you should not use this Site or make a purchase.
The Terms constitute the entire and only agreement between you and Solo Stove and supersede all prior or contemporaneous agreements with respect to this Site, purchase of Solo Stove products or services, and your use thereof.
PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION BEFORE A NEUTRAL ARBITRATOR ON AN INDIVIDUAL BASIS TO RESOLVE ANY DISPUTES BETWEEN YOU AND SOLO STOVE, RATHER THAN JURY TRIALS OR CLASS ACTIONS, EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
You agree to use the Site only for its intended purpose. You agree to use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. Accordingly, you are prohibited from:
- attempting to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site; linking to the Site without permission;
- using data mining, robots, or other data gathering devices on or through the Site;
- posting incomplete, false, misleading or objectionable information or material;
- disclosing personal information about another person;
- advertising or marketing non-Solo Stove products on the Site;
- using the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, or other liability to Solo Stove.
The Site is not directed to persons under the age of 13. If you are under 13 years of age, please discontinue use of this Site.
You may use the Site without creating an account. If you elect not to create an account, you may not be able to access certain content or participate in certain features of the Site. By creating an account with Solo Stove (“Account”), you confirm that the information you have provided is true and not to be used for any ulterior motive or unlawful reason. You may not share your account information with, or allow access to your account by, any third-party. You will be responsible to maintain the currency, completeness and accuracy of your Account information, and any loss caused by your failure to do so is your responsibility. You will also be responsible for all activity that occurs under your access credentials. You agree to notify Solo Stove immediately of any unauthorized use of your account.
If it is determined by Solo Stove that you have provided false or misleading information or have violated these Terms, or other abuses have occurred, Solo Stove reserves the right, in its sole discretion, to cancel your account without notice.
For more information about your account and/or membership in Solo Stove’s rewards program please visit the Firestarter Rewards program page and section 3 below.
3. Firestarter Rewards Program
If a Member provides any registration data that is untrue, inaccurate, not current or incomplete, or if Solo Stove in its discretion, suspects that a Member’s registration data is untrue, inaccurate, not current or incomplete, Solo Stove has the right to suspend, terminate or refuse the Member’s current or future use of the Program.
Firestarter Rewards points (“Points”) earned through the Program will not expire if the Program continues and the Member’s account is active. “Active” means that the Member earns and/or redeems Program Points using his or her Program account within a 24-month period. Receiving a birthday discount code is not considered “Active” for purposes of the Program.
If a Member is not Active for a 24-month period, the Member’s points will expire. Members can view all Points activity from the “Rewards” section of their account page.
A Member’s points will automatically and immediately expire (and the Member forfeits them) if the Member terminates membership in the Program and the Member may not have access to other Program benefits.
Solo Stove may, in its discretion, cancel, modify, restrict or terminate the Program or any aspects or features of the Program at any time without prior notice. Updated Program rules will be available at solostove.com. Any change in the Program will apply to unredeemed Points as well as Points Members may earn in the future.
If, in their sole discretion, Solo Stove suspects fraud, misrepresentation, abuse or violation of applicable rules involving the Program or Points, Solo Stove has the right to take appropriate administrative and/or legal action, including the cancellation of accumulated Points, and termination of Program participation.
Accrued Points are not transferable in the event of Member death or divorce. All Points are subject to all other Program rules, terms and conditions. Once Points have expired in accordance with the Program rules, they will not be reinstated.
Each Member shall be responsible for advising Solo Stove of any changes of name, address, email or any other account information.
Except as otherwise provided, the Program is only open to individual participants and not corporations or businesses. Pooling of Points or using another individual’s account is considered fraudulent and may result in the loss of all points.
Each Member is responsible for remaining knowledgeable as to the Program terms and conditions and as to the Activity and number of points in his or her account.
4. Intellectual Property
We grant you a limited non-exclusive license to use the Site for personal use only. All content on the Site, including any images, illustrations, graphics, design, icons, photographs, videos and written and other materials, including the compilation of this Site, is the property of Solo Stove and protected under applicable copyright, trademark, and other intellectual property laws. You do not acquire ownership rights to any content, document or other materials viewed through the Site. Any copying, republication, or distribution of this Site and/or its content is prohibited unless done with prior written consent from Solo Stove.
If you post content, including images, to the Site, you grant Solo Stove unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such material (including derivative works) throughout the world in any media without providing attribution or obtaining additional consent. Similarly, all suggestions, ideas, notes, concepts, content, artwork, product reviews and other information you may from time to time share with Solo Stove shall be deemed to be Solo Stove’s property. You further agree that Solo Stove and its affiliates are free to use any ideas, concepts, or know-how that you share.
If you believe in good faith that materials posted on the Site infringe your copyright, you may send Solo Stove notification requesting that the material be removed, or access to it blocked. The notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work(s) alleged to have been infringed;
- Identification of the specific material alleged to be infringing or the subject of infringing activity;
- Your name, address, telephone number, and e-mail address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please ensure any notices meet the statutory requirements imposed by the Digital Millennium Copyright Act of 1998. See http://www.loc.gov/copyright/ for details.
You represent and warrant that if you are purchasing something from Solo Stove that (i) any credit card information you supply is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
6. No Purchase For Resale
This Site is intended for sale of products from Solo Stove directly to consumers. Purchase for resale is strictly prohibited. If Solo Stove believes you are involved in purchases for resale it reserves the right to take any action against you, including without limitation, restrict sales to you, cancel your orders, and/or suspend or close your account.
If you wish to purchase Solo Stove product for resale please contact Solo Stove.
7. Order Cancellation
We reserve the right to not accept your order for any reason and/or cancel your order by written notice without liability for any damages or costs other than a refund of amounts paid in at least the following situations:
- The product is not available;
- Billing information is incorrect or unverifiable;
- Your order is marked as suspicious or unusual;
- We believe you are a reseller;
- There was an error in pricing displayed on the Site;
- Due to events outside of our control limiting our ability to fulfill your order;
If you wish to purchase Solo Stove product for resale please contact Solo Stove.
8. Errors, Inaccuracies and Omissions.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, delete any information or content appearing on the Site, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Title to and risk of loss of product passes to you upon delivery of the ordered product from Solo Stove to the carrier. Delivery times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. Solo Stove will not be liable for any loss or expenses which you may incur because of any delay in the delivery of your order.
10. Custom Products
Solo Stove values respect, tolerance and open dialogue, and we serve a diverse and varied customer base. Solo Stove has the sole discretion to reject any order that we deem inappropriate for production, including those designs or text that we deem to:
- Contain obscene, vulgar or profane content, including hate speech or symbols,
- Contain explicit sexual content or innuendo,
- Encourage violence, hate or negative stereotypes against individuals or groups,
- Attack, harass or discriminate based on race, religion, ethnicity, gender, disability, national origin, sexual orientation or gender identity,
- Incite public outrage or inspire violence,
- Portray or promote irresponsible use of alcohol or other substances, or
- Libel or defame an individual or group.
Solo Stove respects the intellectual property rights of others and we ask that you do the same. By purchasing any custom product on or through the Site, you represent and warrant that your requested design does not violate anyone else’s rights, including copyrights, trademarks, trade secrets, privacy or other rights. Solo Stove may cancel the order of and/or terminate the account of any customer who infringes, or may infringe, the copyright, trademark or other intellectual property rights of others.
11. Electronic Communications
By subscribing to Solo Stove text messaging, you agree to receive automated marketing text messages from us and our subsidiary companies about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. Message frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt-out. You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out.
12. Returns And Warranty
Solo Stove’s Return and Warranty policies are included in these Terms. For more information, please check Solo Stove’s “Shipping & Returns” page.
13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL SOLO STOVE OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ITS SERVICES AND PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOLO STOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (E) USE OF SOLO STOVE PRODUCT; OR (F) ANY OTHER MATTER RELATING TO THE SITE. THE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE, SOLO STOVE PRODUCTS, OR YOUR USE THEREOF WILL NOT EXCEED $100 OR THE COST OF THE PURCHASED PRODUCT.
You agree to defend, indemnify and hold Solo Stove and its officers, managers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the terms and conditions contained in this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights.
15. Notice for California Residents.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us. You may also contact us by writing to Solo Stove, Attn: Legal, P.O. Box 726, Grapevine, TX 76099. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.
16. Binding Arbitration Agreement / Class Waiver
(a) We hope no Dispute ever arises. However, you agree that for any Dispute directly or indirectly with Solo Stove you will first contact us at 817-900-2664 and attempt to resolve the Dispute with us informally. In the event that we are not able to resolve the Dispute satisfactorily within a period of sixty (60) days, and except as otherwise expressly stated below, you agree not to sue in court in front of a judge or jury, and agree that all Disputes, controversies and claims relating to the Terms, the Site, your use of the Site, or your purchase of any product or service through the Site, shall be finally and exclusively resolved by binding arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.
(c) Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Solo Stove will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Solo Stove also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
(d) The arbitration may be conducted in Dallas, Texas, or, upon your request, in the city closest to your location where AAA maintains an office, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties subject to these Terms and may be entered as a judgment in any court of competent jurisdiction.
(e) Any award in any arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
(f) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
(g) Notwithstanding anything to the contrary herein, to the extent the Dispute arises from:
(1) a violation of your or Solo Stove’s intellectual property rights in any manner; or
(2) any claim relating to, or arising from, a violation of the Computer Fraud and Abuse Act
then both parties agree that a party may seek injunctive remedies or temporary restraining orders in a state or federal court consistent with the “Governing Law” section below, and both parties consent to exclusive jurisdiction and venue in such courts for such purposes. IN ADDITION TO THE FOREGOING, EITHER PARTY MAY ASSERT AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT FOR DISPUTES THAT ARE WITHIN THE SCOPE OF SUCH COURT’S JURISDICTION IN LIEU OF ARBITRATION.
(h) To the fullest extent permissible under applicable law, and except as otherwise expressly stated in the foregoing subsection (g), all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise.
(i) YOU AND SOLO STOVE AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION. YOU AND SOLO STOVE EACH AGREE TO WAIVE THE RIGHT TO HAVE ANY DISPUTE OR CLAIM SUBJECT TO THE ARBITRATION AGREEMENT BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED AS A CLASS ARBITRATION OR CLASS ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE YOUR OR SOLO STOVE’S CLAMS WITH THE CLAIMS OF ANY OTHER PERSON OR ENTITY.
(j) The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of the arbitration provisions of these Terms.
18. Choice Of Law; Jurisdiction.
These Terms will be governed and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. A printed version of these Terms shall be admissible in any arbitration or judicial proceeding to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. Also, to the limited extent these Terms expressly permit a Dispute to be brought in court rather than arbitration, any such judicial action (other than small claims court actions) shall be brought only in the federal or state courts located within the State of Texas and you and Solo Stove agree to submit to the personal and exclusive jurisdiction and venue of such courts for the resolution of such Disputes.
19. Notices And Communications
Except as explicitly stated otherwise, all notices you send to Solo Stove shall be sent by mail to Solo Stove Attn: Legal, P.O. Box 726, Grapevine, TX 76099 or by e-mail to email@example.com.
With respect to notices Solo Stove sends to you, you consent to receive notices and other communications by posting notices on the Site, sending you an email at the email address listed in in your account, or mailing a notice to you at your billing address listed in your profile in your account.
These Terms may be amended from time to time without specific notice to you.