Terms and Conditions of Use

The following rules (“Terms and Conditions”) govern the use of Sonoda Silver and Style’s (“Sonoda”) website (“Site”) including the sale of products offered on Sonoda’s Site. Please read the following Terms and Conditions carefully.

By using Sonoda’s Site, you acknowledge that you have read, understand and expressly agree to be legally bound by and follow these Terms and Conditions (including our Privacy Policy), any modifications thereto, and all rules and regulations governing Sonoda’s Site. You also represent and warrant that you are at least eighteen (18) years of age and have the right, authority and capacity to enter into these Terms and Conditions. If you do not agree with the above, you do not have authorization to use Sonoda’s Site.

Changes to Terms and Conditions

Sonoda has the right at any time and without prior notice, at its sole discretion, to revise these Terms and Conditions, effective immediately upon posting on our Site. You are responsible for reviewing these Terms and Conditions periodically for any modifications which may affect your rights and obligations under these Terms and Conditions.

Content

Sonoda’s Site is owned by us and is © 2014 ALL RIGHTS RESERVED. The text, images, photographs, graphics, logos, descriptions, data and other material provided by Sonoda on this Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, typographical errors or not be up to date. Sonoda may change, delete or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Sonoda in any way except to the extent it is specifically indicated to be so.

You agree that you are only authorized to view and use the Content only for your personal information and for shopping and ordering from Sonoda, and you will retain intact all copyright and other proprietary notices. Except as provided herein, Sonoda does not grant to you or any person any right to use, reproduce, copy, change, transmit, display, sell, license or distribute by any method, now known or later developed, any Content herein. It is strictly prohibited to use any Content except as specifically permitted in these Terms and Conditions or as otherwise expressly permitted in the Content or in a written agreement signed by Sonoda.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT/INTELLECTUAL PROPERTY INFRINGEMENT

In the event that you are notifying Sonoda of alleged copyright infringement or alleged violation of intellectual property rights, please provide Sonoda’s copyright agent with the written information set forth below:

  1. An electronic or physical signature of the person authorized to act on behalf of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you allege is being infringed;
  3. A description of the allegedly infringing material and information sufficient to enable us to locate the material on the Site;
  4. Your address, telephone number, facsimile number and/or e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or by the law; and
  6. A statement by you, under penalty of perjury, that the information in the notification is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

Designated Agent for Notice of Claimed Copyright or Other Intellectual Property Infringement:

e-mail: sonodasilver.com

facsimile #: (845) 928-8836

Attn: Copyright Agent

User Content From Other Users, Links, Search Results, Advertising and Third-Party Sellers

Sonoda’s Site may contain content provided by other users such as reviews, comments and/or feedback (referred to as “User Content”); links to other sites operated by third parties; advertisements by third parties and product lines offered by third parties (collectively referred to as “Third-Party Materials”). Sonoda has no control over, is not responsible for and assumes no liability for such Third-Party Materials or the applicable third parties. Sonoda does not make any representations with respect to Third-Party Materials or applicable third parties. Sonoda does not guarantee, warrant or represent that the Third-Party Materials are legal, accurate and/or not offensive or that any such third party sites do not contain viruses or other harmful features. Use of Third-Party Materials and interaction with such third parties are at your own risk. Sonoda is not obligated to be involved in any disputes between you and any third parties. Sonoda’s Terms and Conditions (including our Privacy Policy) do not govern when you leave our Site. Privacy statements and terms and conditions of use of such third party sites should be carefully reviewed by you. Without limiting the foregoing, please notify Sonoda at customer service if you have any issue with a link from our Site.

To the extent allowed by applicable law, you hereby release Sonoda, our members, officers, employees, agents, and successors from any claims, demands, losses, damages, rights and actions of any kind, including personal injuries, death and property damage, that is either directly or indirectly related to or arising from use of Third-Party Materials or conduct of the applicable third parties.

Violations

You agree that Sonoda, at Sonoda’s sole discretion and without prior notice, may suspend or terminate your access to, or bar your future access to, our Site, and may modify or remove any User Content if Sonoda believes, in its sole discretion, that the User Content is in violation of or inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law, these Terms and Conditions, or Sonoda’s or another user’s rights. Sonoda will have no liability to you for deleting your User Content.

License to Use User Content

By submitting, providing or uploading any User Content to Sonoda by email or otherwise, for use on Sonoda’s Site, you represent and warrant that you are the owner of all rights to such User Content and you grant to us an irrevocable, perpetual, royalty-free right and license to use, disseminate or publicly display all or any part of the User Content in our sole discretion by any method now existing or later developed, subject to our Privacy Policy. Subject to our Privacy Policy, any User Content will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose including, but not limited to, developing, manufacturing and/or marketing products or services on an unrestricted basis in accordance with applicable law.

Acceptable Use Policy

You agree that your User Content will not plagiarize or violate the rights of any third party nor will it contain unlawful, tortious, defamatory, harmful, vulgar, false or intentionally misleading, offensive, harassing, inappropriate or obscene material. In addition, you agree not to use Sonoda’s Site to (1) upload, transmit or distribute any computer viruses, worms or any software or other method intended to damage or change a computer system or data; (2) send unsolicited or unauthorized materials of any kind; (3) collect any information or data regarding other users without their consent; (4) interfere with or disrupt servers or networks connected to Sonoda’s Site; (5) try to gain unauthorized access to computer systems or networks connected to or used together with Sonoda’s Site through any means; (6) interfere with another user’s use and enjoyment of Sonoda’s Site, or engage in any illegal activities.

You agree to comply with all applicable laws, statutes, regulations and rules in connection with your use of Sonoda’s Site and your purchase of products therefrom. Sonoda may, in its sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. We may (but are not obligated to) conduct an investigation of any potential or suspected violation of these Terms and Conditions (including our Privacy Policy) of which we become aware. We may suspend services to any customer being investigated and/or remove any material from our Site. You agree to fully cooperate with any such investigation. You acknowledge that violations of these Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.

Ordering Products

You must be at least eighteen (18) years old and have a valid credit card or PayPal account, with full authority to use it, to purchase any products on Sonoda’s Site.

Prices, Colors, Dimensions, Weights, and Availability

All prices listed on Sonoda’s Site are quoted in U.S. Dollars and are subject to change. Sonoda may restrict delivery to addresses within the United States. In the event a product is listed at an incorrect price or with incorrect information due to a typographical error, Sonoda will have the right to refuse or cancel any such orders whether or not your order has been confirmed and your credit card or PayPal account (as applicable) has been charged.  If your credit card or PayPal account (as applicable) has already been charged for the purchase and your order is canceled, Sonoda will promptly arrange for a credit  to your credit card or PayPal account (as applicable) in the amount of the incorrect charge.

Please note that the colors of products may appear different from their actual color depending on your monitor. All descriptions of products regarding dimensions (length and width) and weight may be approximate. Sonoda reserves the right, without prior notice, to discontinue or change specifications and prices on products offered on this Site without incurring any obligation to you. The availability of products may change at any time, without notice.

Order Acceptance

Your receipt of an order confirmation does not constitute Sonoda’s acceptance of your order. Prior to Sonoda’s acceptance of an order, we may require additional verifications or information. We reserve the right at any time after receipt of your order to accept or decline your order, or any part thereof, even after your receipt of an order confirmation from Sonoda, for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity of any item you ordered. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). You agree that if Sonoda cancels all or a portion of your order or if we provide you less than the amount you ordered, your sole and exclusive remedy is either of the following: (a) if your credit card or PayPal account (as applicable) has already been charged, Sonoda will arrange for a credit to your credit card or PayPal account (as applicable) in the amount charged for the canceled portion or the amount not provided or (b) Sonoda will not charge your credit card or PayPal account (as applicable) for the canceled portion of the order or the amount not provided.

Payment Terms

For each product you order on this Site, you agree to pay the price applicable for the product (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order.  Your credit card or PayPal account  (as applicable) which is submitted as part of the order process will automatically be billed for such price.

Sales Taxes

Sales taxes, or other taxes or similar governmental charges are not included in the price of the products. Sonoda will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New York.

Each customer shall be solely responsible for all sales taxes, or other taxes, or similar governmental charges, on orders shipped to any state other than New York. Sonoda does not collect sales taxes in any states other than New York. For states imposing sales or use taxes, your purchase is subject to such taxes unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details on how to file these returns may be found at the websites of your respective taxing authorities.

Returns

Sonoda wants you to be completely satisfied with your purchase from the Sonoda Site.  If for any reason you are not pleased with a product that you purchased from the Sonoda Site, simply return the product, in its original condition, within thirty (30) days of receipt for exchange or a full refund of the purchase price (minus shipping charges).  Refunds will be issued in the same method as the order was paid.

Disclaimer and Limitation of Liability as to the SonodaSilver.com Site and Content

SONODA MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SONODA SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. SONODA ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SONODA SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR WILL BE FREE OF ERORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SONODA SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL FEATURES. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE SONODA SITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SONODA SITE.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the exclusions above may not apply to you. Check your local laws for any limitations or restrictions concerning the exclusion of implied warranties. If any applicable authority finds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.

UNDER NO CIRCUMSTANCES SHALL SONODA, ITS SUPPLIERS, OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES,OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SONODA SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF SONODA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer and Limitation of Liability as to Products

SONODA MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD ON SONODA’S SITE. SONODA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OR THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the exclusions above may not apply to you. Check your local laws for any limitations or restrictions concerning the exclusion of implied warranties. If any applicable authority finds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.

UNDER NO CIRCUMSTANCES SHALL SONODA, ITS SUPPLIERS, OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT SOLD OR PROVIDED THROUGH SONODA’S SITE, EVEN IF SONODA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SONODA’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM.

Basis of Bargain

THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN SONODA AND YOU. SONODA WOULD NOT BE ABLE TO PROVIDE THE SITE ON AN ECONOMICALLY ACCEPTABLE BASIS WITHOUT SUCH LIMITATIONS. THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY INURE TO THE BENEFIT OF SONODA’S SUPPLIERS.

Governing Law

Access to or use of Sonoda’s Site shall not be construed as Sonoda’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New York. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law provisions. In addition, any claims brought against Sonoda shall be governed by and construed in accordance with the laws of the State of New York. You agree that any claim or dispute you have or may bring against Sonoda must be resolved by an appropriate federal or state court located in the Southern District of New York or the Orange County Supreme Court.

Indemnification

You agree to indemnify, defend and hold harmless Sonoda, its affiliates, members, officers, agents and other partners and employees from any loss, liability, claim or demand, including without limitation reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of Sonoda’s Site, including providing a link to another site or any User Content or your violation of these Terms and Conditions. The foregoing indemnification obligation shall survive termination of these Terms and Conditions and the operation of Sonoda’s Site.

Severability

If any provision of these Terms and Conditions is held to be invalid, unenforceable or void, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

Miscellaneous Provisions

These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter herein, and supersede all previous written or oral agreements between the parties relating hereto. Sonoda’s failure to enforce any right or provision hereunder shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are intended for convenience only and do not define, limit, or in any way affect the interpretation of these Terms and Conditions.

Sonoda shall not be liable for any nonperformance caused by any act beyond its reasonable control, including, without limitation, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood or any other Act of God, any law, regulation, ordinance or other act or order of any court, government, or governmental agency, delays, unavailability, errors or other failures of the Internet or other data networks.

These Terms and Conditions may not be assigned by you without our prior written consent and any attempted assignment in violation of this provision shall be null and void. Sonoda may assign any of our rights under these Terms and Conditions to any third party without your prior written or oral consent. The provisions of these Terms and Conditions shall be binding upon permitted assignees.

Terms and Conditions – Last Updated September 27, 2014