TERMS OF SERVICE
Subject to these Terms, SomiSomi grants to you a limited, personal, non-transferable, and non-exclusive right to use the services SomiSomi provides through this Site (the “Services”). Your use of the Services shall be strictly in accordance with these Terms and any applicable policies. Nothing in these Terms grants or transfers to you any ownership rights in the Service, including the software and other intellectual property rights related to the Service.
This Site is expressly owned and operated by SomiSomi. The mailing address for SomiSomi is 621 S. Western Ave., Suite 208-A, Los Angeles, CA 90005. Unless otherwise noted, all design and content featured on this Site—including navigational buttons and images, artwork, graphics, photography, text, and the like—are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by SomiSomi. This Site in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our Site and the Site as a whole are intended solely for your personal, noncommercial use. ANY USE OF OUR SITE AND ITS CONTENT FOR PURPOSES OTHER THAN PERSONAL AND NONCOMMERCIAL IS PROHIBITED WITHOUT THE PRIOR WRITTEN PERMISSION OF SOMISOMI. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from SomiSomi. You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.
Third Party Services:
Any use by you of Third Party Services offered through the Services or the Site is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that SomiSomi has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on SomiSomi’s Site or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with SomiSomi. SomiSomi does not guarantee the availability of Third Party Services and you acknowledge that SomiSomi may disable access to any Third Party Services at any time in its sole discretion and without notice to you. SomiSomi is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. SomiSomi strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. SomiSomi is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
Under no circumstances shall SomiSomi be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if SomiSomi has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by Applicable Laws (defined below).
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, business partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
Responsibility for your Content:
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"), if any part of the Site allows you to upload, post, email or otherwise transmit such Content of yours. Under no circumstances will SomiSomi be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that SomiSomi does not pre-screen content, but that SomiSomi and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
While SomiSomi has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
We endeavor to present the most recent, most accurate, and most reliable information on our Site at all times. However, there may be occasions when some of the information featured on this Site may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a SomiSomi product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, SomiSomi shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. SomiSomi Franchise, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SomiSomi shall issue a credit to your credit card account in the amount of the incorrect price.
Please note that any information or material sent to SomiSomi through the Site will be deemed NOT to be confidential. By sending SomiSomi any information or material, you grant SomiSomi an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that SomiSomi is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
Denial of Access:
These Terms constitute an agreement that is effective unless and until terminated by SomiSomi. If in SomiSomi sole discretion you fail to comply with any term or provision of this agreement, SomiSomi may deny you access to the Site. In the event of denial of access by SomiSomi, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these terms and conditions, shall continue in force. These Terms constitute the entire agreement between you and SomiSomi relating to the subject matter addressed herein.
Disclaimers & Limitation of Liability:
YOU ACKNOWLEDGE THAT NEITHER SOMISOMI, ITS AFFILIATES, PARENT, DIRECT OR INDIRECT SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE SERVICES. SOMISOMI DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL SOMISOMI BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SOMISOMI BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE (OR INABILITY TO USE) OF THE SERVICES, THE SITE, ANY ONLINE SERVICES OR ANY INTERNET BROWSER SOFTWARE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Choice of Law and Venue:
These terms and conditions and any applicable policies are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these terms and conditions and any applicable policies submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these terms and any applicable policies, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the terms of these terms and conditions or any applicable policies are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions or applicable policies shall otherwise remain in full force and effect.
Your rights and obligations under these Terms may not be assigned or transferred without written permission of SomiSomi. If any provision of these Terms is determined to be invalid, all other provisions will remain in force. Notice or other communication between you, and/or SomiSomi, may be given by conventional first-class mail or by e-mail and are effective on the date received.