DEAL ROOM LLC (“The Solist”) welcomes you and we are pleased you have decided to visit and use our website located at www.thesolist.com (“Site”).
The Solist provides access to the Site to both visitors and Registered Users (as defined below) subject to the following Terms & Conditions, which may be updated by The Solist as needed without notice to you. These Terms & Conditions govern your use of the Site. By browsing public areas or accessing and using the Site, you acknowledge you have read, understood and agree to be legally bound by these Terms & Conditions and the terms and conditions of The Solist’s Privacy Policy, which is hereby incorporated by reference
(collectively, this “Agreement”) and available at https://www.thesolist.com/privacy-policy (the “Privacy Policy”). Certain portions of the Site may not be available to you unless you are a Registered User. If you do not agree to any of these terms, then please do not use the Site in any way.
The Site offers a wide range of services and sometimes additional terms (“Additional Terms”) may apply to your use thereof.
Capitalized terms not defined in these Terms & Conditions shall have the meaning set forth in the Privacy Policy.
1. THE SOLIST SITE
The Solist is the leading online marketplace providing you with access to display-model jewelry, watches and accessories.
You are responsible for obtaining access to the Site and that access may involve third-party fees (including ISP, data usage or airtime charges). Additionally, you must provide and are responsible for all equipment necessary to access the Site.
2. LICENSE AND SITE ACCESS
The Solist grants you a limited license to access the Site for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (including intellectual property belonging to another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in The Solist's sole discretion) an unreasonable or disproportionately large load on The Solist’s infrastructure; or any use of data mining, robots or similar data gathering and extraction tools. You may not bypass any measures used by The Solist to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by The Solist.
3. MEMBERSHIP ELIGIBILITY AND REPRESENTATIONS
You are not permitted to access the Site if your account has been previously suspended or removed by The Solist for any reason. By accessing and using the Site, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
You may choose to use Site as a visitor or as a “Registered User.” To become a Registered User, you must register with The Solist by creating an account with a unique email address and password (your identity verification “Credentials”) to access your account. You may not have more than one active account. Additionally, you are prohibited from selling, trading or otherwise transferring your Credentials or account to another party.
During registration for an account, or during checkout if you choose to use Site as a visitor, you will be required to provide The Solist with certain Personal Data. The Solist’s use of this Personal Data is governed by The Solist's Privacy Policy. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) or The Solist has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Solist has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your Credentials and for restricting access to your computer, as required to maintain a suitable standard of security. You agree to accept responsibility for all activities that occur under your account or with your Credentials. Because of this, The Solist strongly recommends that you logout from your account at the end of each session. You agree to notify The Solist immediately of any unauthorized use of your account or any other breach of security. The Solist reserves the right to refuse service, terminate accounts, change Credentials, or remove or edit content in its sole discretion for any reason or no reason.
4. COMMUNITY GUIDELINES
The Solist's community, like any community, functions best when its visitors, guests and members follow common rules. By accessing and/or using the Site, you hereby agree to comply with these community rules and that:
You will not send The Solist any hazardous materials; You will not use the Site for any unlawful purpose, including money laundering; You will not post or send The Solist false or misleading information; Other than sending The Solist information in accordance with this Agreement, you will not use the Site to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service or company; or engaging in any pyramid or other multi-tiered marketing scheme; You will not access or use the Site to collect any market research for a competing business; You will not upload to, distribute or otherwise publish through the Site any User Content (as defined below) that: Is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws; May contain software viruses or malware; Contains advertisements or solicitations of any kind, or other commercial content; Contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where The Solist expressly asks you to provide such information; Contains messages by non-spokesperson employees of The Solist purporting to speak on behalf of The Solist or containing confidential information or expressing opinions concerning The Solist; Contains messages that offer unauthorized downloads of any copyrighted, confidential or private information; Contains multiple messages placed within individual folders by the same user restating the same point; Contains chain letters of any kind; or Contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to, (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases. You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g. report abuse button) on the Site; You will not take any action that imposes or may impose (in The Solist’s sole discretion) an unreasonable or disproportionately large load on The Solist’s technical infrastructure; You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, except for Internet search engines and non-commercial public archives that comply with The Solist’s robots.txt file; You will not use any automated device or software that enables the submission of automatic postings on the Site without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means. Please let The Solist know about inappropriate content. If you find something that violates The Solist’s community guidelines, let The Solist know, and The Solist will review it. The Solist reserves the right, in The Solist’s sole and absolute discretion, to deny you access to the Site, or any portion of the Site, without notice and remove any User Content that does not adhere to these guidelines.
5. THE PRODUCTS; SHIPPING; RETURN POLICY
Product Availability And Pricing
All products that The Solist sells through the Site (the “Products”) are provided by third parties and are not manufactured or supplied by The Solist. You acknowledge and agree that while some Products may be new Products, others will be shop-used or pre-owned Products.
If you are interested in a Product that is currently on back order or listed but unavailable, email The Solist at info@thesolist.com or call The Solist at (201) 399-7339 and The Solist can tell you when (if ever) the Product will be back in stock. Sometimes with the volume of orders The Solist will receive, a Product may go out of stock before The Solist is able to post a notification on the Site. If this happens after you purchased that Product, The Solist will contact you directly to discuss possible options.
Product prices may be inaccurately displayed on the Site due to system or typographical errors. While The Solist makes every attempt to avoid these errors, they may occur. The Solist reserves the right to correct any and all errors when they do occur, and The Solist does not honor inaccurate or erroneous prices. If you purchase a Product with a listed price that is lower than its actual price, The Solist will, at The Solist’s discretion, either contact you to notify you of the correct price before shipping the Product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the Product or pay the difference between the actual and charged prices. The Solist’s prices are also subject to change without notice. The Solist apologizes for any inconvenience that this may cause.
Product Descriptions
The Solist makes every attempt to ensure that The Solist’s online catalog is as accurate and complete as possible. To give you the opportunity to view the Products in great detail, some Products may appear larger or smaller than their actual size in The Solist’s photographs; and since every computer monitor is set differently, color and size may vary slightly.
The Solist’s objective is to provide you with as much information and detail about your prospective purchase as possible so you can get the details of a particular item and make an informed purchasing decision. In compliance with industry standards, The Solist states that carat total weight on all purchases may vary 0.05 carats from stated weight.
Comparison Purchasing
To keep The Solist’s prices low, The Solist does not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly.
Billing Information
Products purchased by you will be shipped in accordance with The Solist’s then current shipping policy, a current version of which can be viewed here: https://www.shopworn.com/shipping.
Return Policy
You may return Products only in accordance with The Solist’s then current Return Policy, a current version of which can be viewed here: https://www.thesolist.com/returns.
6. INTELLECTUAL PROPERTY
The Site contains material, such as software, text, written copy, graphics, images, photos, sound recordings, audiovisual works, animations, and other material provided by or on behalf of The Solist (collectively referred to as the “Content”). The Content includes Product Descriptions. The Content is owned by The Solist or by The Solist’s third party licensors. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from The Solist. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of The Solist (“The Solist Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of The Solist. Other company, product, and service names used and displayed on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks” and, collectively with the The Solist Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Trademarks, without The Solist’s prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by The Solist in writing. All goodwill generated from the use of the The Solist Trademarks inures to The Solist’s benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without The Solist’s express, written consent for each and every instance.
7. PROCEDURE FOR CLAIMS UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Solist respects the intellectual property rights of others and attempts to comply with all relevant laws, and it expects its users to do the same. The Solist will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. The Solist may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party.
The Solist’s designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any notification of claimed infringement, which may be given under that Act is as follows:
Copyright Agentc/o The Solist, Inc.100 Union AveSuite 140BCresskill NJ07626
If you believe your work or intellectual property has been copied on the Site in a way that constitutes copyright infringement, please provide The Solist’s agent with notice in accordance with the requirements of the Act, including:
(i) A description of the copyrighted work that has been infringed and the specific location on the Site where such work is located;
(ii) A description of the location of the original or an authorized copy of the copyrighted work; (iii) Your mailing address, telephone number and e-mail address; (iv) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
8. COMMUNICATION TO THE SOLIST; USER SUBMISSIONS; AND PUBLICITY
The Site may provide you and other users with the ability to send messages or post content (together, “User Content”) to or for other users and non-users. The Solist is under no obligation to review any User Content and assumes no responsibility or liability relating to any such User Content. Notwithstanding the above, The Solist may from time to time monitor the User Content and may decline to accept and/or remove any User Content. You acknowledge you are responsible for any User Content you submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such User Content.
You retain all copyrights and other intellectual property rights in and to your User Content. With respect to any User Content you submit or make available through the Site, you grant The Solist a perpetual, irrevocable, non-terminable, worldwide, royalty-free, transferable and non-exclusive license, with the right to sublicense through multiple tiers, to use, copy, distribute, publicly display, modify, adapt, publish, create derivative works, and sublicense such User Content or any part of such User Content, in any format or medium now known or hereafter developed. You hereby represent, warrant and covenant that any User Content you provide, (i) does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to The Solist, and (ii) The Solist’s authorized use thereof does not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). Without limiting the foregoing, you acknowledge and agree that uses of your User Content permitted by the foregoing rights and licenses may include the display of such User Content adjacent to advertising and other material or content, including for profit. Please take care with the User Content that you provide. Any Personal Data that you make available in any User Content will be made available to other users of the Site and to the general public and will not be subject to the terms of The Solist’s Privacy Policy.
9. ELECTRONIC COMMUNICATION
When you use the Site or send emails to The Solist, you are communicating with The Solist electronically. You consent to receive communications electronically from The Solist and its affiliates. The Solist will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
Although The Solist encourages you to email The Solist, The Solist does not want you to, and you should not, email The Solist any content that contains confidential information. With respect to all emails you send to The Solist, including but not limited to, feedback, questions, comments, suggestions and the like, The Solist shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
10. NO WARRANTIES/LIMITATION OF LIABILITY
The Solist makes no warranties or representations about the site or, except as otherwise provided by shopworn to you on a product by product basis, any products. The Solist shall not be subject to liability for any delays or interruptions of the site from whatever cause. You agree that you use the site and all content made available to you through the site (the “content”), as well as all products, at your own risk.
The Solist does not warrant that the site will operate error-free or that the site, its servers, or any content are free of computer viruses or similar contamination or destructive features. If your use of the site or any content results in the need for servicing or replacing equipment or data, shopworn shall not be responsible for those costs.
The site, the content and, unless otherwise provided by shopworn to you on a product by product basis, all products are provided on an “as is” and “as available” basis without any warranties of any kind. The Solist disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.
The Solist shall not be liable to you (or to any person claiming rights derived from your rights) for consequential, incidental, indirect, punitive, or exemplary damages of any kind (including without limitation lost revenues or profits, or loss of goodwill or reputation) with respect to any claims based on contract, tort or otherwise (including negligence and strict liability) arising out of or relating to this agreement.
The site and/or the content may contain technical inaccuracies or typographical errors or omissions. The Solist is not responsible for any such typographical or technical errors. The site and/or the content may contain information on products which are not available in every location or which are no longer available. A reference to a product on the site does not imply that such product is or will be available to you. The Solist reserves the right to make changes, corrections, and/or improvements to the site and/or any product listing at any time without notice.
11. EXTERNAL SITES
The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by The Solist of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. The Solist is not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold The Solist and The Solist’s officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any of your transactions made through the Site, or your access to, use, or misuse of the Site, the Content, or any Product. The Solist reserves the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting The Solist’s defense of such matter.
13. COMPLIANCE WITH APPLICABLE LAWS
The Site is based in the United States. The Solist makes no claims concerning whether the Site or any Content may be downloaded, viewed, or be appropriate for use outside of the United States. The Solist also make no claims concerning whether any Product is appropriate for sale outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
14. MODIFICATION AND NOTIFICATION CHANGES
The Solist reserves the right to make changes to the Site and these Terms of Use at any time. If The Solist makes a material modification to these Terms of Use, it will notify you by: (i) sending an email to the address associated with your account (The Solist is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add The Solist.com to the list of domains approved to send you email; or (ii) displaying a prominent announcement above the text of these Terms of Use for thirty (30) days, with (i) or (ii) being deemed sufficient notification, of such changes.
After notice of a modification to the Terms of Use has been posted for 30 days, the notice may be removed. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new Terms of Use.
15. FORCE MAJEURE
The Solist shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from:
16. COUPON USAGE
Only one coupon can be used within checkout at any given time. We do not allow for doubling up on coupon code usage. Coupons are not applicable to items in Flash Sale, Clearance, or Daily Deal. If a product does not allow coupon codes, it will be specified at the top of the product page.
17. MISCELLANEOUS
This Agreement is governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New Jersey; and (ii) that the Site shall be deemed passive do not give rise to personal jurisdiction over The Solist, either specific or general, in jurisdictions other than New Jersey.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE CONTENT, ANY PRODUCT, OR OTHERWISE RELATED TO THIS AGREEMENT, OR SHOPWORN’S SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications to The Solist; User Submissions; and Publicity,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
The Solist’s failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against The Solist unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by The Solist and you in writing, this Agreement constitutes the entire Agreement between you and The Solist with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of The Solist’s successors, assigns, licensees, and sublicensees.
18.MOBILE TERMS OF SERVICE
Last updated: July 28, 2025
The The Solist mobile message service (the "Service") is operated by The Solist (“The Solist”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to The Solist’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of The Solist through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, abandoned carts, discounts, sales, Coupons, Giveaways, product launches, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with The Solist. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to 56053 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other The Solist mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to 56053 or email concierge@thesolist.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of THE SOLIST’s services will be resolved by binding arbitration, rather than court.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and THE SOLIST hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE SOLIST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND THE SOLIST AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and THE SOLIST are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. THE SOLIST, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
HOW TO CONTACT THE SOLIST
If you have any questions or comments about these Terms of Use or the Site, please contact The Solist by email at concierge@thesolist.com
You also may write to The Solist at: 551 FIFTH AVENUE, SUITE 1920, NEW YORK NY 10176
