Sonoma Media Partners, Inc. Terms of Service
This Standard Terms and Conditions for Sale Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from Sonoma Media Partners, Inc. Any attempt to alter or supplement this document, to enter an order for a product(s) that is subject to additional or altered terms and conditions, or to modify in any way this agreement, will be null and void unless otherwise agreed to by written agreement signed by both you and Sonoma Media Partners, Inc. These terms and conditions are subject to change without prior written notice at any time, at Sonoma Media Partners, Inc. sole discretion.
1.1 “We”, “us” and/or “our” referrers collectively to Sonoma Media Partners, Inc. as well as any subsidiaries and affiliates.
1.2 “You” or “your” means the individual or entity named on the invoice.
2.1 By completing a product purchase from Sonoma Media Partners, Inc. you agree to be bound by and accept the following terms and conditions concerning that product.
3.1 Advertised prices are in U.S. dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside.
3.2 Sonoma Media Partners, Inc. reserves the right to cancel an order or transaction, in whole or in part, for any reason and at any time.
3.3 Terms of payment are within Sonoma Media Partners, Inc. sole discretion, and unless otherwise agreed to in writing by Sonoma Media Partners, Inc., payment must be received in full before Sonoma Media Partners, Inc. will take any action towards the fulfillment of an order.
3.4 Invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. Sonoma Media Partners, Inc. may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law.
3.5 Sonoma Media Partners, Inc. is not responsible for pricing, typographical or other errors in any offer by Sonoma Media Partners, Inc. and we reserve the unilateral right to cancel any orders resulting from such errors.
4.1 Unless you provide Sonoma Media Partners, Inc. with a valid and correct tax exemption certificate, applicable to your purchase of Product and the Product’s ship-to location, you are responsible for sales and other taxes associated with the order.
5.1 Sonoma Media Partners, Inc. DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SETFORTHHEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT.
5.2 Sonoma Media Partners, Inc. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY SAVE THOSE FOR WHICH PROVISIONS ARE EXPRESSLY PROVIDED HEREIN.
5.3 Sonoma Media Partners, Inc. IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES WHICH EXCEED THE AGGREGATE DOLLAR AMOUNT PAID FOR THE PURCHASE OF PRODUCT OR SERVICES GOVERNED BY THIS AGREEMENT.
6.1 Sonoma Media Partners, Inc. continually upgrades and revises its products and service offerings. Sonoma Media Partners, Inc. may revise and discontinue products at any time without prior notice to customers.
6.2 Sonoma Media Partners, Inc. guaranties all its products to have the functionality and performance described at the time of purchase; however, variations between what is shipped and what is described in a specification sheet or seen in pictures associated with the product may occur.
7.1 You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale.
8.1 This Agreement and any sales hereunder shall be governed by the laws of the State of California, without regard to conflicts of laws principles.
9.1 You acknowledge that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States, and may also be subject to the customs and export laws and regulations of the country in which the products are developed and/or received.
10.1 You will not register or use any Internet domain name that contains a Sonoma Media Partners, Inc. trademark or trade name (i.e., Sonoma Media Partners, Inc.) in whole or in part or any other name that is confusingly similar thereto.
10.2 The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
10.3 If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.
11.1 Sonoma Media Partners, Inc. is a designer and builder of software. Sonoma Media Partners, Inc. retains all rights to the designs, layout and configurations of said software. All information provided by Sonoma Media Partners, Inc. to the customer about software is owned by Sonoma Media Partners, Inc., and may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
11.2 Only with prior written permission from Sonoma Media Partners, Inc. may permission to copy, reproduce, distribute, republish, download, display, post or transmit any information be granted. By requesting a scope of work quote by Sonoma Media Partners, Inc., the client agrees to these terms and conditions.
11.3 If the customer breaches any of these terms or conditions the customer must immediately return or destroy any software. Any unauthorized use of any materials pertaining to the design and configuration of the software may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
11.4 This Agreement and any sales hereunder shall be governed by the laws of the State of California, without regard to conflicts of laws principles. Sonoma Media Partners, Inc. will not be held liable for any damages, mistakes, mishaps, or loss of data resulting from any software belonging to Sonoma Media Partners, Inc.