TERMS & CONDITIONS
1. Use of Site, Revision to Terms and Conditions, Site Security. SooFoo operates this Web site (“Site”) which is hosted by Network Solutions. The mailing address for SooFoo is 2100 Jackson Street, 1st Floor, San Francisco, California 94115. All users of this Site agree that their access to and use of this Site are subject to these Terms and Conditions and all applicable laws. Any such access or use is undertaken at the user’s own risk. Although a user may bookmark a particular portion of this Site and thereby bypass these Terms and Conditions, use of this Site still binds the user unconditionally to these Terms and Conditions.
SooFoo reserves the right to update or modify these Terms and Conditions at any time without prior notice to any user. Please review these Terms and Conditions whenever you use this Site. These Terms and Conditions were last updated on May 11th, 2010.
SooFoo makes no representations that the information in this Site is appropriate or available for use in locations other than the United States. If you choose to access this Site from a location outside the United States, then you do so on your own initiative and you are solely responsible for complying with any applicable local laws.
Users are prohibited from violating or attempting to violate the security of the Site, including without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. SooFoo and/or its agents will investigate occurrences that may involve violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
All users of this Site agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. All users of this Site further agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
2. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. SooFoo makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color you see will depend on your computer system and SooFoo cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time.
3. Orders. By placing an order you represent that the product ordered will be used in a lawful manner, for individual, personal use and not for commercial resale or diversion. It is the user’s responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. All billing and registration information must be truthful and accurate. Providing untruthful or inaccurate information may constitute a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested. While SooFoo confirms receipt of orders by email, the receipt of an email order confirmation does not constitute SooFoo’s acceptance of an order or confirmation of an offer to sell products or services. SooFoo at its sole discretion reserves the right without prior notice to reject or cancel an order or limit the order quantity on any product or service and/or to refuse delivery or service to any customer. SooFoo may also require verification of information prior to the acceptance of a shipment of any order
4. Shipping Limitations. Orders will be shipped to an address designated by the purchaser as long as that shipping address is compliant with these Terms and Conditions. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you on delivery of the items to the carrier. SooFoo is not responsible for filing any claims with carriers for damaged and/or lost shipments. SooFoo may cancel an order and refund the purchase price if the order is to be shipped to a location that SooFoo is unable to service for legal or other reasons.
5. Accuracy of Information. SooFoo attempts to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information may occasionally be inaccurate, incomplete or out of date. SooFoo makes no representations as to the accuracy, completeness or correctness of any information. For example, products included on this Site may be unavailable, may have different attributes than those listed or may actually carry a different price than stated on this Site. SooFoo may make changes in information about price and availability without notice.
6. Copyrights and Trademarks. This Site design and all text, graphics, information, content and other material displayed on or that can be downloaded from this Site are either the property of, or used with permission by SooFoo and are protected by copyright, trademark and other laws and may not be used except as permitted by these Terms and Conditions or with the prior written permission of the owner of such material.
SooFoo grants you permission to use the Site as follows: you may download content, but only for noncommercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Site; you may not use images of people or places that are located outside of the “News” section of the Site. Content within the “News” section may be reproduced solely for editorial purposes in daily newspapers, general circulation news magazines, trade publications and broadcast media.
Other than as expressly stated above, you may not modify the information or materials located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of SooFoo and its affiliates. Other trademarks, trade names, trade dress, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names, trade dress and service marks of their respective owners, including SooFoo and its affiliates. Nothing contained on this Site grants or should be construed as granting, by implication or otherwise, any license to use any trademarks, trade names, trade dress, service marks or logos displayed on this Site without the prior written permission of SooFoo or such third party owner.
7. Linking to the Site. Creating or maintaining any link from another website to any page on this Site without SooFoo’s prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another web site without SooFoo’s prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rules and regulations.
8. Third Party Links. This Site may contain links to web sites not owned, operated or controlled by SooFoo or its affiliates. All such links are provided solely as a convenience to you. If you use these links you will leave this Site. Neither SooFoo nor its affiliates or service providers are responsible for any content, materials, products, services or other information located on or accessed from any other web site. Neither SooFoo nor its affiliates or service providers endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials, products, services or other information located or accessible from such web sites, or any privacy policies or practices, or the results you may obtain from using such web sites. If you decide to access any other web site linked to or from this Site, you do so entirely at your own risk.
9. Inappropriate Material. All users are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law. In addition to any remedies that SooFoo or its affiliates may have at law or in equity, if SooFoo or its affiliates reasonably determines that you have violated or are likely to violate the foregoing provisions, SooFoo may take any action it reasonably determines necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of such materials. SooFoo, its affiliates and service providers will fully cooperate with any enforcement authorities or court order or subpoena requesting or directing SooFoo, its affiliates or service providers to disclose the identity of anyone posting such materials.
11. DISCLAIMERS. THIS SITE AND ANY INFORMATION OR CONTENT ON THIS SITE ARE PROVIDED “AS IS,” WITH ALL FAULTS. SOOFOO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOOFOO DOES NOT WARRANT THAT THE CONTENT OF THIS SITE WILL BE ACCURATE, RELIABLE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOOFOO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS OF THIS SITE OR IN LINKED SITES IN TERMS OF THEIR ACCURACY, CORRECTNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE IS AT YOUR OWN RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THIS SITE AND THAT SOOFOO SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND RELATING TO YOUR USE OF THIS SITE. SOOFOO DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOOFOO EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR AND TEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. SOOFOO MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY – FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
12. LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SOOFOO OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, AGENTS, LICENSEES, FRANCHISEES, VENDORS, SUPPLIERS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE BE LIABLE TO YOU OR ANY PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SOOFOO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IF YOU ARE DISSATISFIED WITH SOOFOO.COM OR ANY INFORMATION ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SOOFOO.COM
13. Indemnification. You agree to indemnify and hold harmless SooFoo, its affiliates and their service providers, and their respective employees, directors, officers, shareholders, members, agents, licensees, franchisees, vendors, suppliers, successors, assigns, retail partners or any other party involved in the creation, production or transmission of this Site from and against any claims, damages, judgments, expenses, fees, or costs asserted against any of them based on your use of this Site or the services provided in relation to this Site or any damage to your computer, telecommunication equipment or other property allegedly arising from access to, use of, or browsing this Site or downloading any materials from this Site.
14. Choice of Law and Jurisdiction. These Terms and Conditions represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other provisions of these Terms and Conditions shall remain in full force and effect. The failure of SooFoo to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit SooFoo’s rights with respect to such breach or any subsequent breaches. These Terms and Conditions shall be governed by and construed under California law without regard to any conflicts of law provisions. Any action or proceeding arising out of or related to these Terms and Conditions or your use of this Site must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based on or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. Termination. These Terms and Conditions will continue as an agreement between you and SooFoo until SooFoo terminates them, which it may do at any time without notice. SooFoo may also suspend or terminate your right to use this Site immediately and without notice to you for any reason or no reason. If SooFoo terminates your right to use this Site, you are no longer authorized to access or use any of the benefits of this Site. In addition, the restrictions SooFoo has imposed on you concerning copying or downloading information and the disclaimers and limitations or liabilities stated in these Terms and Conditions will survive such termination. You are personally liable for any orders that you place or charges you incur prior to termination. SooFoo reserves the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
16. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we encourage you to contact our Customer Service Department by email: firstname.lastname@example.org.