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Intro

Last Updated: 01/01/2021

Effective Date: 01/01/2021 PLEASE READ

THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE, MOBILE APPLICATION OR ONLINE SERVICE PROGRAM WHERE THESE TERMS AND CONDITIONS OF USE ARE LINKED, OR OTHERWISE AGREEING TO THESE TERMS AND CONDITIONS OF USE, YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.

These Terms and Conditions of Use (“Terms and Conditions of Use" or “Terms of Use”) apply to your access to, and use of, any Stanford Sonoma Corp. ("Stanford Sonoma") website and online service or program where these Terms and Conditions of Use are posted or linked ("Stanford Sonoma Online Services"). These Terms and Conditions of Use are a legal and binding agreement between you and Stanford Sonoma, and, as applicable, its subsidiaries, affiliates, and related entities ("Affiliates") (Stanford Sonoma and its Affiliates are referred to herein, as the context may require, as "we", "us", or "our"). These Terms of Use govern your use of the Online Services, which includes the programs, offers, content, information, services, and features made available through the Online Services. If you do not agree to these Terms and Conditions of Use, then you should not use the Online Services. By continuing to use the Online Services, you agree that such use is legally sufficient consideration under these Terms of Use.

THESE TERMS AND CONDITIONS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

 Your use of the Online Services is at your risk. If you are dissatisfied with the Online Services in any way, its programs, offers, contents, features, or these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using the Online Services.

Modification of Services

Stanford Sonoma reserves the right, in its sole discretion, to modify the services from time to time and without notice, including by removing, adding, or modifying products and/or third-party vendors and/or manufacturers from the product catalog. Stanford Sonoma shall have no liability to you for any modification or discontinuation of the services. If you object to any such changes, your sole recourse shall be to cease using the services.

Limitations on Your Use of Services

Subject to these Terms and Conditions of Use, Stanford Sonoma grants you a limited, revocable right to Access and use the site solely for your own use. You may not attempt, or authorize, encourage, or support others' attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Online Services. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the services, or any products accessible through the services. Stanford Sonoma reserves the right to suspend or terminate use of this website or its services by you or other users in its sole discretion.

Limitations on Your Use of Services

Subject to these Terms and Conditions of Use, Stanford Sonoma grants you a limited, revocable right to Access and use the site solely for your own use. You may not attempt, or authorize, encourage, or support others' attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Online Services. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the services, or any products accessible through the services. Stanford Sonoma reserves the right to suspend or terminate use of this website or its services by you or other users in its sole discretion.

Modification of the Terms of Use

Stanford Sonoma may amend, supplement, or modify these Terms of Use from time to time by posting the amended Terms of Use on the site. By continuing to use the site after the amended Terms of Use have been posted you agree to be bound by any such amendment or modification. If you object to any such changes, your sole recourse shall be to cease using the services.

Termination

If you materially breach the terms of this agreement, Stanford Sonoma may suspend your ability to use the services or may terminate this agreement effective immediately and without notice to you. You may terminate this agreement at any time by providing written notice to us using the information contained in the Contact Us section below. Please note that if you exercise your right to terminate this agreement, we will be unable to continue to provide you with services or access to the Online Services.

Children’s Privacy and Site Age Limitations

This website is intended for use by persons aged 13 or older, and by your use of this site you affirm that you are at least 13 years of age. In addition, if you are under the age of 18, you are only permitted to use this website with the consent of your parents or an adult guardian. Stanford Sonoma will not knowingly allow registration of an account for any person that Stanford Sonoma believes to be younger than 13. We also do not knowingly collect any personally identifiable information from any persons under the age of 13, and, if we discover that we have been provided any such information, we will delete this information from our records.

Pricing or Other Information Errors

Although Stanford Sonoma strives at all times to maintain the accuracy of information maintained on the Online Services, including pricing information and product details, occasionally pricing or other information errors may occur on this site. In the event that any Stanford Sonoma product that is available through this site is mistakenly listed at an incorrect price or with other incorrect information, Stanford Sonoma reserves the right either to refuse or cancel the order.

Payment and Billing

You acknowledge and agree that for each order you place through the Online Services, the full cost of products you order (for which prices are subject to change without notice) will be assessed against your payment card. You acknowledge and agree that a SMS or web browser command originating from your account constitutes an authorization for Stanford Sonoma to charge this amount and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account, regardless of whether you actually receive the products. Stanford Sonoma will provide you with reasonable notice of any material modification in the fees charged for the services, which notice may be provided by posting the new fee schedule on the site.

Privacy

Stanford Sonoma has an unrestricted right to collect and use any personal information you provide in connection with the services, provided that any such use shall be in accordance with our  Privacy

Policy  available publicly on the website.

Third-Party Links

In an attempt to provide increased value to our customers and other site visitors, Stanford Sonoma may provide links to sites operated by third parties, including social media sites. However, even if the third party is affiliated with Stanford Sonoma, Stanford Sonoma has no control over these linked sites, all of which have separate terms and privacy practices, independent of Stanford Sonoma. These linked sites are only for your convenience, you acknowledge that you access them at your own risk.

Your Use of the Online Services

While using the Online Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Online Services for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Online Services or any other party’s use of the Online Services. You are granted a limited, non-exclusive right to create text hyperlinks to the Online Services for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising.

Stanford Sonoma’s Intellectual Property

The Online Services contain copyrighted and/or proprietary subject matter that is owned by Stanford Sonoma and/or its licensors. All such material is protected by relevant intellectual property laws, including copyright, trademark, patent and/or trade secret laws. Such material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any other applicable rights licensor. All trademarks, slogans and other indicia of origin ("Marks") that appear on or in connection with the services are the property of Stanford Sonoma and/or its affiliates, licensors and/or licensees. You are not authorized to use any such Marks.

Content Submitted by You

You are responsible for any information, text, reviews, posts, images, videos or other materials or content that you post, upload to us, or transmit through the Online Services (“User Content”). PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated. By submitting User Content to us directly or indirectly (including through any use of third party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose).

Employment Applications

Some websites and mobile applications maintained by Stanford Sonoma allow you to submit applications for employment with us. Should we employ you, none of the materials provided on a Site constitute or should be considered part or of an employment contract or an offer for employment.

No Agency Relationship

Neither these Terms and Conditions of Use, nor any materials, programs, offers, features, or services of the Online Services, create any partnership, joint venture, employment, or other agency relationship between Stanford Sonoma, its Affiliates, and you. You may not enter into any contract on our behalf or bind us in any way.

Important Legal Terms

Jurisdiction and Governing Law

Any legal action, suit, or proceeding arising out of or relating to these Terms of Use, or your use of the Online Services, shall be instituted exclusively in the federal or state courts located in Dallas, Texas. These Terms of Use shall be governed by Texas law, without regard to conflict of law principles.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STANFORD SONOMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON- INFRINGEMENT. STANFORD SONOMA MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE ONLINE SERVICES IS DONE AT YOUR OWN RISK, AND STANFORD SONOMA MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STANFORD SONOMA OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnification

You agree to indemnify, defend and hold harmless Stanford Sonoma, its agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you (or anyone accessing the services using your password) submit or transmit through the services, (b) your use of or access to the services, (c) your violation of these Terms of Use, (d) your violation of any rights of any third party, or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the services.

Limitation of Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE USE OR THE INABILITY TO USE THE ONLINE SERVICES CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

Disputes, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Any dispute, claim or controversy arising out of or relating to these Terms of Use or the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, shall be either determined by binding arbitration in Dallas, Texas before one arbitrator or submitted to small claims court in Dallas, Texas. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to these Terms of Use shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms of Use, including Rules 16.1 and 16.2 of those Rules. 

No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: [INSERT ADDRESS]. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com . If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of these Terms of Use unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Governing Law and Rules: These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Texas, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms of Use evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms of Use, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms of Use, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms of Use) with respect to any final award in an arbitration arising out of or related to these Terms of Use.

New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of these Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranties; (b) Limitation of Liability; (c) Indemnification; and (d) Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of these Terms of Use are found to violate an established legal right.

Consent to Communicate Electronically

When you use the Online Services or send communications to us via email, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Online Services. We may communicate with you by email or by posting notices through the Online Services. 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. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us.

Entire Agreement and Severability

These Terms and Conditions of Use, together with any other applicable terms included within the Online Services, and/or the materials, programs, offers, features, and services made available through the Online Services, as each is currently posted on the Online Services, constitute the entire agreement between us and you with respect to your use of the Online Services and the materials, and supersede all previous written or oral agreements between us and you with respect to such subject matter. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions of Use or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.

Contact Us

If you have questions about these Terms of Use, please contact us through this online form or by writing us at info@stanfordsonoma.com.

Additionally, under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: 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 telephone at (916) 445-1254 or (800) 952-5210



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