Terms of Use

Welcome to www.somainc.com (the “Web site”). This Web site is maintained and operated by SoMA, Inc. (“we”, “us” or “SoMA”).

Your access and use of the web site is subject to the following Terms of Use (the “Terms of Use”) and all applicable laws. By accessing or using any part of the Web site, you accept, without limitation or qualification, these Terms of Use. If you do not agree to the Terms of Use of this Agreement, please do not use the Web site.

We reserve the right to change these Terms of Use, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of these Terms of Use on the Web site. You can determine when this Agreement was last revised by referring to the “Last Updated” legend at the top of these Terms of Use. You should always check these Terms of Use prior to using the Web site. Your continued use of the Web site following the posting of changes to these Terms of Use will mean that you accept those changes.

Use of the Web Site
This Web site is provided for your personal and non-commercial use only. Any other use of the Web site requires the prior written consent of SoMA, Inc. Reliance on any information provided on the Web site is solely at your own risk.

Proprietary Rights
SoMA, Inc. is the exclusive owner of, or is authorized to use or provide access to, all parts of the Web site, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. A majority of the product concepts, logos and trademarks on the Web site belong to third parties and are proprietary materials. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Web site. All rights not granted under these Terms of Use are reserved by SoMA. You may not copy, modify, transmit or make derivative works based on any of the content contained in this Web site.

Privacy
For information on the privacy practices of SoMA, please see our Privacy Policy.

Unauthorized Use
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Web site. You may not take any action to interfere with, or disrupt, the Web site or any other user’s use of the Web site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Web site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Web site within another web site or establish links from any other web site to any page of the Web site other than the home page. You may not resell use of, or access to, the Web site to any third party without our prior written consent.

You agree not to post, transmit, or otherwise make available through or in connection with the Web site: (a) any information or materials that are or may be, or the posting, transmission or use of which is or may be: (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory or libelous; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic or otherwise objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right; (b) any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking;” (c) any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved by SoMA in advance; or (d) any personally identifiable information of another individual, without the prior consent of such individual.

You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of SoMA in violation of any such restrictions, laws or regulations. You may not access, download, use or export the site, or the materials and content provided on or through the site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

Forums and Submission
SoMA may offer features through the Web site that enable you to comment and/or post information and materials publicly, for example, through a blog, bulletin board, chat area, or similar forum (collectively referred to herein as “Forums“). All of the rules of conduct described in the Unauthorized Use provision above apply to the Forums. Additionally, without SoMA’s express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other SoMA Web site visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.

When you submit or make available any information or materials through the Forums or otherwise through the Web site (“Submissions“), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by SoMA without restriction. You grant to SoMA the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sub-licensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the Web site complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the Web site. The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Web site are those of such third parties and not of SoMA, and SoMA does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Web site at any time if we deem removal to be warranted. Removal or editing of any Submission or other materials may not occur immediately.

You acknowledge and agree that SoMA has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Web site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE WEB SITE, YOU DO SO AT YOUR OWN RISK.

Product and Service Offerings
SoMA reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all transaction(s); and/or (e) to refuse to provide any user or customer with any product or service.

Links to Third Party Sites
For your convenience, this website may link to other sites owned and operated by third parties and not owned or maintained by SoMA. SoMA has no control over these linked sites, which may have separate privacy and data collection practices and legal policies independent of SoMA. SoMA is not and shall not be responsible for the materials or content of any linked sites and makes no representations regarding the content or accuracy of materials or content on such sites. Accessing and using such third party sites is entirely at your own risk.

No Warranties
While SoMA uses reasonable efforts to include up-to-date information on the Web site, SoMA makes no warranties or representations as to its accuracy or completeness. SoMA assumes no liability or responsibility for any errors or omissions in the content on the Web site. Your use of the Web site is at your own risk. Some jurisdictions do not allow disclaimers, exclusions or limitations of certain warranties, or the exclusion or limitation of liability for consequential or incidental damages, so all or a portion of the limitations in this section may not apply to you. In such event, and notwithstanding that any disclaimer, exclusion, or limitation of liability may not apply to you, all other provisions of this terms of use shall apply, and remain in full force and effect.THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SOMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR PRODUCTS AVAILABLE THROUGH THE WEB SITE. FURTHER, SOMA DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOMA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOMA SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OR THE PRODUCTS AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL SOMA BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL SOMA BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

Limitation of Liability
IN NO EVENT SHALL SOMA, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEB SITE EVEN IF SOMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SOMA HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM AND RELATED TO YOUR USE OF THE WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOMA IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. SOMA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL SOMA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEB SITE.YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH SOMA IS TO DISCONTINUE YOUR USE FO THE SITE. YOU AND SOMA HEREBY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

Governing Law; Venue
By using the Web site, you agree that applicable federal law and the laws of the state of Oregon, without regard to its conflicts of laws principles will govern these Terms of Use. You agree that any dispute or claim arising out of or relating to this Agreement shall be resolved only in the courts located in Portland, Oregon, U.S.A. and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such dispute or claim.

Contact
For questions or concerns relating to these Terms of Use, we can be contacted at: info@somainc.com.

Last updated: January 2014

SoMA, Inc. Stevan Wittenbrock is the founder of SoMA. With more than 30 years of design experience, and a rich history of product innovation, Steve leads a team of highly talented individuals with a shared interest in creating products that are visually elegant, functionally effective and simple to operate. Your SoMA team will be composed of professionals with specialized skill sets to meet your individual objectives. http://somainc.com/wp-content/themes/soma/images/SoMA_Logo_Desktop@2x.png
514 NW 11th Ave, Suite 201, Portland, OR US 97209 503-241-1900 info@somainc.com
45.526850 -122.681991