TERMS AND CONDITIONS
TERMS OF USE AGREEMENT – Sooften, LLC
The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of the PRIVACY POLICY, RETURNS POLICY, and these terms and conditions. Your placement of an order indicates your acceptance of the privacy policy, returns policy, and terms and conditions. Your submittal of any purchase order to Sooften, LLC (“Sooften”) indicates acceptance of the privacy policy, returns policy, and terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Sooften. Sooften reserves the right to make changes to this site and these terms and conditions at any time.
Copyright and Trademark Notice
This site is owned and operated by Sooften, LLC. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, images, and other content of the site (the "Content"), as well as the selection, assembly and arrangement thereof, are the sole property of Sooften, Copyright 2015, ALL RIGHTS RESERVED. All software including HTML, CGI and other code and scripts in any format used on the site (the "Code") is the sole property of Sooften or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Sooften prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Sooften is a registered trademark, trademarks or service marks of Sooften, LLC. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Sooften, LLC. All other trademarks or service marks are property of their respective owners. The use of any Sooften trademark or service mark without Sooften consent is strictly prohibited.
Except as expressly provided above, nothing containing herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of Sooften, its affiliates or any third party.
Disclaimer and Limitation of Liability as to Products Sold
All of Sooften products are guaranteed against defects within 90 days of receipt of a defective product as stated in the RETURNS POLICY. Except as expressly stated herein, Sooften makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Sooften site other than the 90 day warranty stated in the product listing. Except as expressly stated herein, Sooften expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Sooften arising from any product sold on the Sooften website shall be the price of the product ordered. In no event shall Sooften, LLC, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.
Disclaimer and Limitation of Liability as to the Sooften Websites
The Sooften website and the materials therein are provided "as is". Sooften makes no representations or warranties, either expressed or implied, of any kind with respect to the Sooften sites, their operations, contents, information, materials or compliance. Sooften expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Sooften, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Sooften sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
Disclaimer and Limitation of Liability as to Customer Submitted Information
Note: This section does not apply to personal data supplied by you to any Site, such as your name, address, e-mail address, telephone number and the like. Please see our PRIVACY POLICY for information regarding our treatment of personal data. If you respond to Sooften with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of Sooften, and your submission of information shall constitute an assignment to Sooften of all worldwide rights, titles and interests in such information. Sooften will not be liable for any use or disclosure of such information. Sooften will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Sooften will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information. Sooften welcomes your comments and suggestions on its Site and products, but Sooften does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, you warrant that Sooften may publish such information, use it as part of its operations, and incorporate its concepts in Sooften products without liability.
Product and Pricing Information
In the event a product is listed at an incorrect price, color, or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Sooften shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Products displayed may be out-of-stock or discontinued, and prices are subject to change at any time. Sooften 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 canceled, Sooften shall immediately issue a credit to your credit card account in the amount of the charge. Subject to the foregoing, the prices displayed are quoted in US ($) dollars and are effective only for United States purchases.
Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Sooften is not responsible for the operation of or content located on or through any such site.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Sooften reserves the right at any time after receipt of your order to accept or decline your order for any reason. Sooften reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Sooften is a retailer to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Sooften.
Fraud Protection Policy
Sooften reserves the right to prosecute to the full extent possible any and all fraudulent activity in conjunction with the website or products sold. You agree that all information provided at checkout is accurate and indisputable beyond protection provided by the federal Fair Credit Billing Act (FCBA). Sooften shall have the right to pass through any and all penalties and fees to you in the case a chargeback is disputed and overturned in favor of Sooften.
Jurisdiction and Venue
You agree that any legal action brought against Sooften shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Sooften sites shall be an appropriate federal or state court located in California.
Terms of Use Agreement Revisions
Sooften reserves the right to withdraw access to the Sites or to revise the services and products described in the Site at any time without notice. Sooften may at any time revise the terms and conditions contained in this Legal Statement by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions which apply to your use of the Site. The invalidity of any term, condition or provision of this Legal Statement shall not affect the enforceability of those portions of the Legal Statement deemed enforceable by applicable courts of law.