TERMS OF — USE
Last Updated: 2/15/2017
Your Consent and Use of the Website
As our business changes from time to time, this Agreement may likewise change. We reserve the right to change or modify the terms and conditions that govern your use of the Website, Services and this Agreement at any time as provided herein, with or without notice to you, at our discretion. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website to see the current Agreement in effect and any changes that may have been made to it. Your use of the Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We may terminate your right to and deny you access to the Website, or remove any material you have posted at the Website if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, SOTV undertakes no obligation to police, supervise, or monitor materials posted to the Website by you or other third parties.
Use of the Website and Services is limited to persons who are eighteen (18) years of age or older. The Website and Services are not directed to persons under 18 and the policy of SOTV is NOT to knowingly collect any personal information from persons under 18. If you are under 18, you should leave the Website without providing any information about yourself and not use the Services. Any access to or use of the Website by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Website or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Website and this Agreement. By using the Website or Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Those who choose to access the Website and Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable including, without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside.
PROHIBITED — USES. SOTV imposes certain restrictions on your permissible use of the Website. You are prohibited from violating or attempting to violate any security features of the Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (d) using the Website to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using the Website; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by SOTV in providing the Website. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use “bots,” spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Website and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to the Website. You may not data mine the Website or in any way cause harm to the Website.
Website Contents and Intellectual Property Rights
Unless otherwise noted, the design of the Website, the Website as a whole, and all materials that are part of the Website and Services (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by SOTV or its subsidiaries and affiliates. You acknowledge and agree that any Content used in connection with the Website, including any software accessible through the Website, contains SOTV’s proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. This Agreement does not limit any rights that SOTV may have under trademark, trade secret, copyright, patent or other laws.
No right, title or interest in any of the information, material, or other Contents of the Website is granted to you under any circumstances, and SOTV reserves and retains all intellectual property rights in and to the Website and its Contents. Linking or framing to the Website or any of its Contents is prohibited without the prior written permission of SOTV.
Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Website. Unauthorized use or copying (including electronic copying or downloading) of the Website and Contents without SOTV’s express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.
Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on the Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
Disclaimer of Warranties and Limitation of Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL — USE OF THE WEBSITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THE WEBSITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, we make no warranty, promise or guarantee of any kind that (A) Operation of the Website and/or Services will be continuous, TIMELY, uninterrupted, secure, or that the Website or its server are free of ERRORS, viruses or other harmful effects; (b) the Website or Services will meet your requirements or expectations; (c) the results that may be obtained from use of the Website, PRODUCTS or Services will be effective, typical, accurate or reliable; AND (d) the quality of any products, services or information purchased or obtained by you from the Website or Services will meet your expectations or be free from mistakes, errors or defects. YOUR — USE OF THE WEBSITE, PRODUCTS AND SERVICES IS AT YOUR OWN RISK. WE EXPECT THAT YOU WILL — USE CAUTION AND COMMON SENSE WHEN USING THE WEBSITE AND SERVICES.
FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THE WEBSITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. You should conduct your own due diligence as to the truth, accuracy, completeness, and continuing validity of any information set forth in or referenced at the Website. Likewise, SOTV does not warrant the accuracy of ANY third party content contained within or referred to at the Website, including any links to third party Websites. SOTV IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY — USER.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
UNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL SOTV OR ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, DISTRIBUTORS, VENDORS, ATTORNEYS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR — USE OF OR INABILITY TO — USE THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES, OR ANY MATERIALS ON THE WEBSITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES.
WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF SOTV FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR — USE OF THE WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THE WEBSITE, OR OTHERWISE RELATING TO YOUR — USE OF THE WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO SOTV FOR — USE OF THE WEBSITE, PRODUCTS OR SERVICES. BY USING ANY PRODUCT(S), YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ANY POTENTIAL EFFECTS, PROPER HANDLING AND PROPER USAGE OF SUCH PRODUCT(S), AND YOU ACKNOWLEDGE AND ASSUME ANY RISKS THAT MAY COME THEREWITH, INCLUDING, WITHOUT LIMITATION, ANY HEALTH EFFECTS, ALLERGIC REACTIONS, PHYSIOLOGICAL CHANGES AND EFFECTS, BODY REACTIONS, AND ANY LOSS OR DAMAGES THAT MAY OCCUR THEREAFTER.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL: (I) ONLY APPLY TO THE EXTENT PERMITTED BY LAW, AND (II) NOT APPLY TO (A) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (B) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS.
Release and Indemnification
IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE — USERS of the Website OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR — USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGrEE TO RELEASE AND FOREVER DISCHARGE SOTV AND ITS AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, officers, employees, INFORMATION PROVIDERS, SUPPLIERS, DISTRIBUTORS, vendors, ATTORNEYS and affiliates (collectively, the “released Parties”) FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CA– USES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNeCTED WITH SUCH DISPUTE AND/OR YOUR — USE OF THE WEBSITE AND/or SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW.
You further agree to indemnify, defend and hold harmless, TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASED PARTIES from and against all claims, demands, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from, arising out of OR IN CONNECTION WITH your use, unlawful use or other misuse, or inability to use the Website or Services, your breach of this Agreement, OR otherwise RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF TO THE WEBSITE, ANY — USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY — USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Choice of Law, Arbitration, and Venue
This Agreement and any claim or controversy relating to or arising from the use of the Website or Services, including, but not limited to, any transactions made or entered into at the Website, any information, content, products, services or promotions herein contained or provided from the Website, or any functionality, software or programming contained or provided at or from the Website (hereafter, “Claims”), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CA– USE OF ACTION OR CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CA– USE OF ACTION OR CLAIM ARISES, OR THE CA– USE OF ACTION OR CLAIM SHALL BE FOREVER BARRED.
YOU AGREE TO ARBITRATE ANY AND ALL CLAIMS, INCLUDING ALL STATUTORY CLAIMS, AND ANY STATE OR FEDERAL CLAIMS. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR — USE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in San Jose, California. For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR AND, TO THE EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES (A) ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Superior Court of the State of California, in and for the County of Merced or, where applicable, the United States District Court for the Eastern District of California, Fresno Division. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the Superior Court of the State of California, County of Merced or, where applicable, the United States District Court for the Eastern District of California, Fresno Division. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
By using the Website and/or Services in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and us. You also give up your right to participate in a class action or other class proceeding.
Submission and Posting of Information, Comments, Writings and Other User-Generated Content and Materials
As a user of the Website, you may be able to post content on the Website, including, without limitation, by providing testimonials or reviews, leaving comments, etc. You are solely responsible for the content you publish, display or post on the Website or Services, or transmit or display to other users. However, SOTV reserves the right to redact, block or remove any communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark or other intellectual property rights, (d) in violation of any law, regulation or this Agreement, or (e) offensive or otherwise unacceptable to SOTV in its sole discretion. SOTV reserves the right, but undertakes no duty, to review, edit, move or delete any communication or material provided for display or placed on the Website, in its sole discretion, without notice. If at any time SOTV chooses, in its sole discretion, to monitor the content, SOTV nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. You agree that SOTV shall under no circumstances be held liable on account of any action it takes, in good faith, to remove from the Website or restrict access to material that it or any user considers to be obscene, lewd, lascivious, discriminatory, violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
Your submission of such information and material shall further constitute an assignment to SOTV of all worldwide rights, titles and interests and goodwill in the information and materials without payment of any compensation. By posting content to any public area of the Website or SOTV’s social media pages or accounts, you automatically grant and represent and warrant that you have the right to grant to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
If you provide or post any information, materials, text, images, music, video, or other content or works of any nature (collectively, “Posted Content”) at or through the Website, you represent, warrant, and agree that any such Posted Content:
- Is not defamatory, discriminatory, obscene, pornographic, abusive, harassing, offensive, profane, or otherwise in violation of any law or right of any third party;
- Is not false, inaccurate, misleading, or fraudulent;
- Does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
- Does not violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Does not contain personal identifying information of any person other than you;
- Does not contain any advertising of any nature whatsoever;
- Does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or the operation of any computer or computer program, including, without limitation, any mechanism for overloading, “flooding,” “spamming,” “mail bombing” or “crashing” the Website or any system, or intended to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; and
- Shall become and be the property of SOTV with the full and unrestricted right of SOTV to distribute, copy, transfer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise use such Posted Content without compensation to you.
Termination and Denial of Access
This Agreement is effective unless and until terminated by SOTV. If, in SOTV’s sole discretion, you fail to comply with any term or provision of this Agreement, SOTV may terminate your access to or use of the Website. In the event of termination or denial of access by SOTV, you are no longer authorized to access the Website or Services, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force.
Third Party Links
The Website may include links to other Internet sites maintained by third parties (“Linked Sites”). SOTV provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by SOTV of the Linked Sites. You access Linked Sites at your own risk and by accessing them, you leave the Website. Linked Sites are not under the control of SOTV and SOTV is not responsible for any content of any Linked Sites.
Modifications to the Website or Services
SOTV reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or Services (or any part thereof) with or without notice in our sole discretion. You agree that SOTV shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or Services.
Your Account Information, Password and Security
In the course of your use of the Website or Services, we may ask you for certain information, including your name, email address, mailing address, billing address, and payment card information (collectively, “Account Information”). If you open an account or commence any transaction of business at or on the Website, you may be required to complete the registration process by providing certain additional information and registering a username and password. Your Account Information must be up-to-date and accurate at all times. Should your information change, you must update it in your user profile. You agree that you are solely responsible for the accuracy and content of your Account Information. You are further responsible for maintaining the confidentiality of your username and password and also for all activities that take place under your account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each Website session. Consistent with and without limiting the scope of provisions limiting liability elsewhere in this Agreement, in no event will SOTV be liable for any indirect or consequential loss or damage of any kind whatsoever resulting from the disclosure of your username and/or password or your failure to comply with this section. You may not use another person’s account at any time, without the express permission of the account holder. We reserve the right to deny registration of any account at our discretion and to terminate your access to all or any part of the Website or Services if you provide inaccurate, false or misleading information in connection with your account.
Product Availability and Pricing
For product availability and pricing questions, please consult our “SHOP” page or give us a call at (209) 626-6003 and we will be more than happy to help you with your inquiry. Prices are quoted in U.S. dollars and are subject to change at any time. Discounts are limited time offers and may not be combined with any other offers. We reserve the right to limit the quantities of any products or services that we offer through the Website at our sole discretion.
Product Images, Content and Specifications
All features, content, specifications, products and prices of products described at or depicted on the Website are subject to change at any time without notice. All product descriptions are approximate, provided for convenience only and may be subject to substitutions where indicated. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. Likewise, the product images on the Website may appear larger or smaller than their actual size. While SOTV attempts to be as accurate as possible in the product descriptions on the Website, SOTV does not warrant that product descriptions or other Content is accurate, complete, reliable, current or error-free. If a product offered by SOTV is not as described, your sole remedy is to return it in unused condition pursuant to SOTV’s Return Policy.
Transactions on the Website
You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export. SOTV reserves the right to refuse any order you place with us in violation of these terms. For example, we reserve the right to limit or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or unauthorized distributors or wholesalers. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, per payment method, per billing and/or shipping address or per order. In the event we modify or cancel an order, we will attempt to notify you by using the e-mail, billing address or phone number provided at the time the order was made.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) with respect to the possession and use of any item purchased from the Website. By placing an order, you represent and warrant that the products ordered will be used only in a lawful manner.
SOTV’s return policy is accessible here and is incorporated into this Agreement in its entirety.
Shipping Policy and Risk of Loss
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is valid and compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the third party carrier. You are responsible for filing any claims with the applicable carrier for any damaged and/or lost shipments.
Eligibility to Order/Purchase
To place an order on the Website, you must be at least 18 years of age and abide by all applicable local, state, federal and international laws and regulations.
Professional and Medical Advice Disclaimer
Any information provided on the Website, including product descriptions and instructions, is for informational purposes only. Use of the Website or any information provided to you is not meant to serve as a substitute for professional or medical advice. SOTV makes no representations, warranties or health related claims on the Website. If you think you may be suffering from any medical condition, you should seek immediate medical attention. If you are considering making any changes to your lifestyle, diet or nutrition, you should consult with your doctor or health care provider. It is important that you thoroughly investigate any potential benefits and side effects of using any of our products before you buy them and consult with your doctor or health care provider, particularly if you are taking medications, have chronic health problems, or are pregnant or breastfeeding.
You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. Any suggested serving portion should be approached with great care. Use caution to avoid applying or using an unnecessarily higher serving. All users will have different reactions to the products, and not all users will find the product to be beneficial.
Please carefully review the list of ingredients for each product. If you have any allergies to any of the ingredients in the products, DO NOT — USE THEM.
Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between SOTV and you or any other person or entity. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches. This Agreement, including the other policies referenced herein, shall constitute the entire agreement and understanding between SOTV and you with respect to use of the Website and/or Services and supersedes any and all prior agreements and understandings of the parties with respect to the subject matter addressed herein. This Agreement is binding on the parties hereto and their successors and assigns. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.
Complaints or Concerns
If you have any complaints or concerns regarding the Website or Services, please contact us at (209) 626-6003 or email@example.com. For California residents, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or (916) 445-1254 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.