Last Updated: May 1st, 2026
These Terms of Use (“Terms”) apply to your access to and use of the website located at https://sollichna.com/ (or any successor links) and all associated web pages, websites, and social media pages, including all information, content, and materials made available therein (collectively, the “Site”) provided by Sollich North America, LLC (“Sollich”, “we”, “our” or “us”), including all Sollich subsidiaries and affiliates. By accessing and using the Site, you agree to these Terms.
BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 10, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 10, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND SOLLICH WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SITE.
We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Site, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Site.
1. Eligibility
If you use our Site on behalf of another person or entity, (a) all references to “you” throughout these Terms (other than in this Section 1(a)) will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity also agrees to be responsible to us.
2. Your Information
You may provide certain information to Sollich in connection with your access to or use of our Site, or we may otherwise collect certain information about you when you access or use our Site. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy [insert link].
3. Prohibited Conduct
a. You will not use our Site if you are not eligible to use our Site in accordance with Section 1 and will not use our Site other than for its intended purpose. Further, you will not, in connection with our Site:
- Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
- Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Site, including any content therein, except as expressly permitted by us or our licensors;
- Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
- Use our Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Site or that could damage, disable, overburden, or impair the functioning of our Site in any manner;
- Reverse engineer any aspect of our Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
- Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Site except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that Sollich grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Sollich reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
- Develop or use any third-party applications that interact with our Site without our prior written consent, including any scripts designed to scrape or extract data from our Site; or
- Use our Site for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
b. Enforcement of this Section 3 is solely at Sollich’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.
4. Ownership; Limited License
The Site, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto, are owned by Sollich or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms (including Section 3), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own internal business use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.
5. Trademarks
SOLLICH NORTH AMERICA and our logos, product or service names, slogans, and the look and feel of the Site are trademarks of Sollich and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Site are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
6. Third-Party Content
We may provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Sollich does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
7. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Sollich and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Sollich Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Site, including your conduct associated with it or (b) your violation of these Terms. You will promptly notify Sollich Parties of any third-party Claims, cooperate with Sollich Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). The Sollich Parties will have control of the defense or settlement, at Sollich’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Sollich or the other Sollich Parties.
8. Disclaimers
Your use of our Site is at your sole risk. Our Site is provided “as is” and “as available” without warranties of any kind, and Sollich expressly disclaims all warranties, whether express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Sollich does not represent or warrant that our Site or any content provided therein or therewith (including the Third-Party Content) is accurate, complete, reliable, current, or error-free. While Sollich attempts to make your access to and use of our Site safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.
9. Limitation of Liability
a. To the fullest extent permitted by applicable law, Sollich and the other Sollich Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Sollich or the other Sollich Parties have been advised of the possibility of such damages.
b. The total liability of Sollich and the other Sollich Parties for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to the greater of $20 or the amount paid by you to use our Site.
c. The limitations set forth in this Section 9 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Sollich or the other Sollich Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
10. DISPUTE RESOLUTION: BINDING ARBITRATION, CLASS ACTION WAIVER.
PLEASE READ THIS SECTION (“DISPUTE RESOLUTION”) CAREFULLY. IT IS PART OF YOUR CONTRACT WITH US AND IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A CONTRACTUAL LIMITATIONS PERIOD.
THE PARTIES TO THESE TERMS ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.
THIS SECTION APPLIES TO ANY CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU AND SOLLICH (EACH, A “PARTY;” TOGETHER, THE “PARTIES”), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, THAT EITHER PARTY WISHES TO SEEK LEGAL RECOURSE FOR AND THAT ARISES FROM OR RELATES TO THESE TERMS OR THE SERVICES, INCLUDING ANY PRIVACY OR DATA-SECURITY CLAIMS OR CLAIMS RELATED TO THE VALIDITY, ENFORCEABILITY, OR SCOPE OF THE ARBITRATION REQUIREMENT OR ANY PORTION OF IT (EACH, A “CLAIM”), INCLUDING, BUT NOT LIMITED TO:
- CLAIMS THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT;
- CLAIMS THAT WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND
- CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS.
Notwithstanding the provisions herein, if you in any manner violated Sollich’s intellectual property rights, we may bring suit in any state or federal court in the State of Florida. Additionally, notwithstanding the provisions herein, either you or Sollich may bring a Claim in small claims court consistent with the jurisdictional and dollar limits that may apply. The route to small claims court shall only be the result of a direct filing by you or Sollich. As set forth below, a Claim commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules.
FOLLOW THE INSTRUCTIONS BELOW IN THE “OPTING OUT OF ARBITRATION” SUBSECTION OF THIS DISPUTE RESOLUTION SECTION IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
a. Mandatory Informal Dispute Resolution for All Claims
i. Before filing any lawsuit or demand relating to a Claim, you agree to first send a detailed notice (“Notice”) to Sollich by email at management@sollichna.com OR certified or registered mail with proof of receipt to us at: 13799 Park Blvd North, Suite #302, Seminole, FL 33776-3402, Attn: Legal Department within the applicable statute of limitations. Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone numbers; (4) your email address; and (5) information sufficient for Sollich to identify any transaction and/or product at issue (e.g., your order number, order confirmation communication, SKU number, etc.); and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.
ii. Likewise, Sollich agrees that if we have a dispute with you, we will first send a detailed Notice to your e-mail address on file with us. Sollich’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue; and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it.
iii. You and Sollich agree to negotiate in good faith, for a period of at least 60 days from the date of the Notice, in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Sollich request a telephone conference with you in an effort to resolve your claim as part of this informal process, you agree to personally participate (with your counsel if you are represented). Compliance with and completion of this Mandatory Informal Dispute Resolution for All Claims process is a condition precedent to filing any lawsuit or serving an arbitration demand. You and Sollich agree that any action commenced in court or arbitration without first exhausting the Mandatory Informal Dispute Resolution for All Claims process shall be defective and subject to dismissal at the cost of the party found to have prematurely commenced the action. The statute of limitations and any filing deadlines shall be tolled while the parties engage in this process. A court shall have the authority to enjoin the filing of any lawsuit concerning a Claim without first providing a Notice or otherwise participating in good faith in this Mandatory Informal Dispute Resolution for All Claims process.
b. Class Action Waiver; Jury Trial Waiver
i. YOU AND SOLLICH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION, INCLUDING ANY JOINT ARBITRATION OF ANY KIND (EXCEPT FOR THE CONSOLIDATION OF CLAIMS THAT FALL WITHIN THE SPECIAL PROCEDURES FOR MASS ARBITRATION DESCRIBED BELOW), AND INCLUDING ANY TYPE OF LAWSUIT FILED IN COURT TO THE EXTENT THAT A CLAIM IS NOT SUBJECT TO THE ARBITRATION AGREEMENT AS SPECIFIED IN THE SUBSECTION BELOW OR THE ARBITRATION PROVISION IS HELD INVALID OR UNENFORCEABLE FOR ANY REASON. Additionally, you agree that you will not be a member of any putative or actual class in a class action brought by anyone else against Sollich, nor will you seek to become a class representative. To the extent enforceable by law, you further agree that in any action you initiate against Sollich, any relief you seek will be confined to relief on your own behalf, except that the arbitrator may award public injunctive relief as authorized by applicable law. An arbitrator may award, on an individual basis, any relief that would be available in an individual lawsuit as permitted by applicable law.
ii. Except as the Terms otherwise provide and to the fullest extent permitted by law, you and Sollich acknowledge and agree that you are each waiving the right to a trial by jury.
c. Arbitration Agreement
i. You and Sollich agree that CLAIMS SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. This requirement, and the terms set forth in the “Special Procedures for Mass Arbitrations” and “Exceptions” subsections, shall collectively be referred to as the “Arbitration Agreement.”
ii. The Federal Arbitration Act and federal arbitration law apply to this Arbitration Agreement. By agreeing to arbitration, you and Sollich are not limiting in any way either of our statutory or common law rights or potential remedies to which either of us would be entitled to if our Claim were instead being heard in a court.
iii. ANY ARBITRATION WILL BE ADMINISTERED BY JAMS AND GOVERNED BY THE APPLICABLE RULES OF JAMS (including the Streamlined Arbitration Rules and Procedures of JAMS and/or the JAMS Mass Arbitration Procedures and Guidelines, as applicable) (“JAMS Rules”), as modified by the Terms. The JAMS Rules are available online at https://www.jamsadr.com/ or by calling (800) 352-5267. You may obtain a Demand for Arbitration Form to initiate arbitration as set forth in the JAMS Rules, or by requesting them in writing at the Notice address; this Demand for Arbitration Form, along with a certification under penalty of perjury of compliance with the Mandatory Informal Pre-Suit Resolution process, must both be personally signed by the party initiating arbitration (and their counsel, if represented) and a copy must also be sent to Sollich. You and Sollich agree that any counsel representing a party in arbitration must comply with the requirements of Federal Rule of Civil Procedure 11(b), and that the arbitrator may impose any sanctions against all appropriate represented parties and counsel if he or she determines a Claim is frivolous.
iv. The arbitration shall occur through the submission of documents to one arbitrator. If the arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference. If the arbitrator determines that an in-person hearing is necessary, the hearing will take place in the United States county where you live or work or such other location agreed upon by both parties. You and Sollich will select an arbitrator or hearing officer(s) after commencement of the action in accordance with the JAMS Rules.
v. If you and Sollich cannot submit a joint pre-hearing and hearing schedule, each party will submit their own schedule to JAMS. You and Sollich will submit a joint pre-hearing and hearing schedule to the hearing officer(s) within the earlier date of (a) 7 days prior to the hearing or (b) 14 days following the arbitrator’s appointment. If only one schedule is submitted, that schedule will be delivered to the arbitrator for his or her consideration. The arbitrator may adopt the schedule submitted by one party in the absence of a competing or joint schedule.
vi. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules and applicable fee sheet, as determined by JAMS. All issues relating in any way to arbitration—including the applicability, scope, and enforceability of the arbitration provisions of this Dispute Resolution section—are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision on all procedural and substantive issues is binding only between you and Sollich and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
vii. You and Sollich shall each be limited to a maximum of one (1) fact witness deposition per side, unless we agree otherwise or the arbitrator determines that more depositions are warranted based on the totality of circumstances (including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the Claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery). Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to”; and shall not be encumbered with extensive “definitions” or “instructions.” The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.
viii. In any arbitration, the defending party may make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an award on the Claim. If the award is issued in the defending party’s favor, or in the other party’s favor but is less than the defending party’s settlement offer, then the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the Claim may be entitled for the cause of action under which it is suing.
d. Special Procedures for Mass Arbitrations
i. To the extent an arbitration falls within the JAMS definition of a mass arbitration, you and Sollich agree to the procedures set forth below and in the JAMS Mass Arbitration Procedures and Guidelines (“JAMS Mass Arbitration,” available at https://www.jamsadr.com/mass-arbitration-procedures). Any applicable limitations period (including statute of limitations) and any filing deadlines shall be tolled beginning when the Mandatory Informal Pre-Suit Resolution process is initiated, until the Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
ii. JAMS will administer all such arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section provided that—in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration—he or she may group demands for arbitration into groups of not fewer than thirty (30) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). If the arbitrator elects to conduct Batch Arbitration of the demands, Counsel for each side shall select 15 individual Claims (30 Claims total) to be administered in each batch.
iii. You and Sollich agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a similar nature if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this Special Procedures for Mass Arbitrations section.
iv. No administrative fees will be assessed in connection with any remaining Claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, you and Sollich shall promptly engage in a global mediation session of all remaining Claims with a retired federal or state court judge, unless the parties agree otherwise.
v. A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the allocation of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with the remainder of the Terms.
e. Exceptions
Notwithstanding the Parties’ agreement to resolve all Claims through arbitration (i) either you or Sollich may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; and (ii) either you or Sollich may bring suit in court to enjoin infringement or other misuse of intellectual property rights or confidential information. The route to small claims court shall only be the result of a direct filing by you or Sollich. As set forth above, a Claim commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration.
f. Time Limits
To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY CLAIM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a Claim is considered commenced at the time the Notice (defined above under Mandatory Informal Dispute Resolution for All Claims) is sent, provided that the statute of limitations shall be tolled while the parties are actively and in good faith engaged in the Mandatory Informal Dispute Resolution for All Claims process. To the extent a Claim is filed in court or arbitration without first providing such Notice (which would be contrary to the Terms, as set forth above), the Claim is deemed commenced at the time of such filing.
g. Frivolous or Improper Claims
To the extent permitted by applicable law, a claimant must pay all costs incurred by the responding party, including any attorney fees, related to a Claim if an arbitrator determines that (i) the Claim was frivolous or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
h. Confidentiality
If you or Sollich submits a Claim to arbitration, you and Sollich agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Sollich agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
i. Opting Out of Arbitration
Within thirty (30) days of agreeing to the Terms, you may opt out of the present version of the Arbitration Agreement by sending your personally signed, written notice to the following address: 13799 Park Blvd North, Suite #302, Seminole, FL 33776-3402, Attn: Legal Department. Such written notice does not constitute an opt-out of any previous versions of the Arbitration Agreement, or the Class Action Waiver that you may have agreed to, which would continue to govern your claims.
j. Severability
If any portion of this Dispute Resolution Section is found to be unenforceable or unlawful for any reason, including because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from the Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Dispute Resolution Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Dispute Resolution Section; and (iii) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis as a result, such claims must be litigated in a civil court of competent jurisdiction, in accordance with the Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Dispute Resolution Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Dispute Resolution Section will be enforceable.
11. Governing Law
Any dispute, claim, or controversy arising from or relating to these Terms or the Site will be governed by and construed and enforced in accordance with the laws of the State of Florida, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute, claim, or controversy arising from or relating to these Terms or the Site that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts of the State of Pinellas County, Florida. You and Sollich waive any objection to venue in any such courts.
12. Termination
We reserve the right, without notice and in our sole discretion, to cease providing our Site or otherwise terminate your right to access or use our Site. We are not responsible for any loss or harm related to your inability to access or use our Site.
13. General Terms
These Terms constitute the entire agreement between you and Sollich relating to your access to and use of our Site. The failure of Sollich to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions, which will remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided in these Terms, these Terms are intended solely for the benefit of you and Sollich and are not intended to confer third-party beneficiary rights upon any other person or entity.