Last Updated on August 6th, 2020
Welcome to the web site and online service of Som Friends, Inc. ("Som Friends, Inc.," "we," "our," or "us").
THIS AGREEMENT CONTAINS A MANDATORYINDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THATREQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVEDISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THEREMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Using our Service
Who can use our Service
You can use the Service only if youcan form a binding contract with Som Friends, Inc., and only incompliance with this Agreement and all applicable local, state,national, and international laws, rules and regulations. Any use oraccess to the Service by anyone under 18 is strictly prohibited and inviolation of this Agreement. The Service is not available to any Userspreviously removed from the Service by Som Friends, Inc.
Som Friends, Inc. accounts
Your Som Friends, Inc. account givesyou access to the services and functionality that we may establish andmaintain from time to time and in our sole discretion. We may maintaindifferent types of accounts for different types of Users. If you open aSom Friends, Inc. account on behalf of a company, organization, or otherentity, then (a) “you” includes you and that entity, and (b) yourepresent and warrant that you are an authorized representative of theentity with the authority to bind the entity to this Agreement, and thatyou agree to this Agreement on the entity’s behalf. By connecting tothe Service with a -party service, you give us permission to access anduse your information from that service as permitted by that service, andto store your log-in credentials for that service.
Your responsibility for your account
You may never use another User’saccount without permission. When creating your account, you must provideaccurate and complete information. You are solely responsible for theactivity that occurs on your account, and you must keep your accountpassword secure. We encourage you to use “strong” passwords (passwordsthat use a combination of upper and lower case letters, numbers andsymbols) with your account. You must notify Som Friends, Inc.immediately of any breach of security or unauthorized use of youraccount. Som Friends, Inc. will not be liable for any losses caused byany unauthorized use of your account.
Your choices about your account
You may control your User profile andhow you interact with the Service by changing the settings on the pageassociated with your Som Friends, Inc. account. By providing SomFriends, Inc. your email address you consent to our using the emailaddress to send you Service-related notices, including any noticesrequired by law, in lieu of communication by postal mail. We may alsouse your email address to send you other messages, such as changes tofeatures of the Service and special offers. If you do not want toreceive such email messages, you may opt-out or change your preferenceson the page associated with your Som Friends, Inc. account. Opting outmay prevent you from receiving email messages regarding updates,improvements, or offers.
Changes to our Service
We may, without prior notice, changethe Service; stop providing the Service or features of the Service, toyou or to users generally; or create usage limits for the Service. Wemay permanently or temporarily terminate or suspend your access to theService without notice and liability for any reason, including if in oursole determination you violate any provision of this Agreement, or forno reason. Upon termination for any reason or no reason, you continue tobe bound by this Agreement.
Your interaction with other Users
You are solely responsible for yourinteractions with other Users. We reserve the right, but have noobligation, to monitor disputes between you and other Users. SomFriends, Inc. shall have no liability for your interactions with otherUsers, or for any User’s action or inaction.
You agree not to engage in any of thefollowing prohibited activities: (i) copying, distributing, ordisclosing any part of the Service in any medium, including withoutlimitation by any automated or non-automated “scraping”; (ii) using anyautomated system, including without limitation “robots,” “spiders,”“offline readers,” etc., to access the Service in a manner that sendsmore request messages to the Som Friends, Inc. servers than a human canreasonably produce in the same period of time by using a conventionalon-line web browser; (iii) transmitting spam, chain letters, or otherunsolicited email; (iv) attempting to interfere with, compromise thesystem integrity or security or decipher any transmissions to or fromthe servers running the Service; (v) taking any action that imposes, ormay impose at our sole discretion an unreasonable or disproportionatelylarge load on our infrastructure; (vi) uploading invalid data, viruses,worms, or other software agents through the Service; (vii) collecting orharvesting any personally identifiable information, including accountnames, from the Service; (viii) using the Service for any commercialsolicitation purposes; (ix) impersonating another person or otherwisemisrepresenting your affiliation with a person or entity, conductingfraud, hiding or attempting to hide your identity; (x) interfering withthe proper working of the Service; (xi) accessing any content on theService through any technology or means other than those provided orauthorized by the Service; or (xii) bypassing the measures we may use toprevent or restrict access to the Service, including without limitationfeatures that prevent or restrict use or copying of any content orenforce limitations on use of the Service or the content therein.
Streaming and displaying
Accessing the audiovisual contentavailable on the Service for any purpose or in any manner other thanStreaming is expressly prohibited. “Streaming” means a contemporaneousdigital transmission of an audiovisual work via the Internet from theService to a User’s device in such a manner that the data is intendedfor real-time viewing and not intended to be copied, stored, permanentlydownloaded, or redistributed by the User.
Sweepstakes and contests
From time to time, we may offerand/or co-sponsor contests, sweepstakes, raffles, promotions and gameson the Service. Each of these activities may be governed by specificrules listed below. By participating in any such activities, you willbecome subject to those rules and we urge you to read any applicablerules. To the extent that the terms and conditions of such rulesconflict with this Agreement, the terms and conditions of such rulesshall control.
Interacting with the Service and User Content
Your User Content
Some areas of the Service allow Usersto post content such as profile information, comments, questions,images, and other content or information. Any content or information aUser submits, posts, displays, links to, or otherwise makes available onthe Service is referred to as “User Content.” We claim no ownershiprights over User Content created or provided by you. The User Contentyou create remains yours; however, by sharing User Content through theService, you agree to allow others to view, edit, and/or share your UserContent in accordance with your settings and this Agreement. SomFriends, Inc. has the right (but not the obligation) in its solediscretion to remove any User Content that is shared via the Service.
How we and other Users can use your User Content
By posting or otherwise makingavailable any User Content on the Service, you hereby expressly grant,and you represent and warrant that you have all rights necessary togrant, to Som Friends, Inc. a royalty-free, sublicensable, transferable,perpetual, non-exclusive, worldwide license to use, reproduce, modify,publish, list information regarding, edit, translate, distribute,syndicate, publicly perform, publicly display, and make derivative worksof all such User Content and your name, voice, and/or likeness ascontained in your User Content, in whole or in part, and in any form,media or technology, whether now known or hereafter developed, for usein connection with the Service and Som Friends, Inc.’ (and itssuccessors’ and affiliates’) business, including without limitation forpromoting and redistributing part or all of the Service (and derivativeworks thereof) in any media formats and through any media channels. Youalso hereby grant each User of the Service a non-exclusive license toaccess your User Content through the Service, and to use, reproduce,modify, distribute, display and perform such User Content as permittedthrough the functionality of the Service and under this Agreement.
What not to post
You agree not to post User Contentthat: (i) may create a risk of harm, loss, physical or mental injury,emotional distress, death, disability, disfigurement, or physical ormental illness to you, to any other person, or to any animal; (ii) maycreate a risk of any other loss or damage to any person or property;(iii) seeks to harm or exploit children by exposing them toinappropriate content, asking for personally identifiable details orotherwise; (iv) may constitute or contribute to a crime or tort; (v)contains any information or content that we deem to be unlawful,harmful, abusive, racially or ethnically offensive, defamatory, obscene,infringing, invasive of personal privacy or publicity rights,harassing, humiliating to other people (publicly or otherwise),libelous, threatening, profane, or otherwise objectionable; (vi)contains any information or content that is illegal (including, withoutlimitation, the disclosure of insider information under securities lawor of another party’s trade secrets); (vii) contains any information orcontent that you do not have a right to make available under any law orunder contractual or fiduciary relationships; or (viii) contains anyinformation or content that you know is not correct and current.
Respecting other’s rights
You agree that any User Content thatyou post does not and will not violate third-party rights of any kind,including without limitation any Intellectual Property Rights (asdefined below) or rights of privacy. To the extent that your UserContent contains music, you hereby represent that you are the owner ofall the copyright rights, including without limitation the performance,mechanical, and sound recordings rights, with respect to each and everymusical composition (including lyrics) and sound recording contained insuch User Content and have the power to grant the license granted below.
Definition of Intellectual Property
For the purposes of this Agreement,“Intellectual Property Rights” means all patent rights, copyrightrights, mask work rights, moral rights, rights of publicity, trademark,trade dress and service mark rights, goodwill, trade secret rights andother intellectual property rights as may now exist or hereafter comeinto existence, and all applications therefore and registrations,renewals and extensions thereof, under the laws of any state, country,territory or other jurisdiction.
User Content representations and warranties
In connection with your User Content,you affirm, represent and warrant the following: (i) you have thewritten consent of each and every identifiable natural person in theUser Content to use such person’s name or likeness in the mannercontemplated by the Service and this Agreement, and each such person hasreleased you from any liability that may arise in relation to such use;(ii) your User Content and any use thereof as contemplated by thisAgreement and the Service will not violate any law or infringe anyrights of any third-party, including but not limited to any IntellectualProperty Rights and privacy rights; (iii) Som Friends, Inc. mayexercise the rights to your User Content granted under this Agreementwithout liability for payment of any guild fees, residuals, payments,fees, or royalties payable under any collective bargaining agreement orotherwise; and (iv) to the best of your knowledge, all your User Contentand other information that you provide to us is truthful and accurate.
Your conduct; disclaimer
Som Friends, Inc. reserves the right,but is not obligated, to reject and/or remove any User Content that SomFriends, Inc. believes, in its sole discretion, violates theseprovisions. You understand that publishing your User Content on theService is not a substitute for registering it with the U.S. CopyrightOffice, the Writer’s Guild of America, or any other rights organization.Som Friends, Inc. takes no responsibility and assumes no liability forany User Content that you or any other User or third-party posts orsends over the Service. You shall be solely responsible for your UserContent and the consequences of posting or publishing it, and you agreethat we are only acting as a passive conduit for your onlinedistribution and publication of your User Content. You understand andagree that you may be exposed to User Content that is inaccurate,objectionable, inappropriate for children, or otherwise unsuited to yourpurpose, and you agree that Som Friends, Inc. shall not be liable forany damages you allege to incur as a result of User Content.
Som Friends, Inc. Content, Our License To You, and Feedback You May Provide
Som Friends, Inc. Content
Except for your User Content, theService and all materials therein or transferred thereby, including,without limitation, software, images, text, graphics, illustrations,logos, patents, trademarks, service marks, copyrights, photographs,audio, videos, music, and User Content belonging to other Users (the“Som Friends, Inc. Content”), and all Intellectual Property Rightsrelated thereto, are the exclusive property of Som Friends, Inc. and itslicensors (including other Users who post User Content to the Service).Except as explicitly provided herein, nothing in this Agreement shallbe deemed to create a license in or under any such Intellectual PropertyRights, and you agree not to sell, license, rent, modify, distribute,copy, reproduce, transmit, publicly display, publicly perform, publish,adapt, edit or create derivative works from any Som Friends, Inc.Content. Use of the Som Friends, Inc. Content for any purpose notexpressly permitted by this Agreement is strictly prohibited.
Som Friends, Inc. license grant
Subject to the terms and conditionsof this Agreement, you are hereby granted a non-exclusive, limited,non-transferable, freely revocable license to use the Service for yourpersonal, noncommercial use only and as permitted by the features of theService. Som Friends, Inc. reserves all rights not expressly grantedherein in the Service and the Som Friends, Inc. Content (as definedbelow). Som Friends, Inc. may terminate this license at any time for anyreason or no reason.
You may choose to or we may inviteyou to submit comments or ideas about the Service, including withoutlimitation about how to improve the Service or our products(“Feedback”). By submitting any Feedback, you agree that your disclosureis gratuitous, unsolicited and without restriction and will not placeSom Friends, Inc. under any fiduciary or other obligation, and that weare free to use Feedback without any additional compensation to you,and/or to disclose the Idea on a non-confidential basis or otherwise toanyone. You further acknowledge that, by acceptance of your submission,Som Friends, Inc. does not waive any rights to use similar or relatedideas previously known to Som Friends, Inc., or developed by itsemployees, or obtained from sources other than you.
Purchases from Som Friends, Inc.
From time to time, Som Friends, Inc.may offer products for purchase through the Service (“Products”). Wereserve the right to refuse any order you place with us. We may, in oursole discretion, limit or cancel quantities or Products purchased perperson, per household or per order. These restrictions may includeorders placed by or under the same account, the same credit card, and/ororders that use the same billing and/or shipping address. In the eventthat we make a change to or cancel an order, we may attempt to notifyyou by contacting the email, billing address and/or phone numberprovided at the time the order was made. We reserve the right to limitor prohibit orders that, in our sole judgment, appear to be placed bydealers, resellers or distributors.
You must be 18 years of age or older to purchase any Products from Som Friends, Inc.
Prices for Products are subject tochange without notice. All prices for Products are in US dollars, andare exclusive of any applicable local, state, or federal taxes. Shippingand handling fees will be reviewable prior to submitting your order.
All payments through the Service areprocessed using a third-party processor. You acknowledge that SomFriends, Inc. is not liable for any breaches of credit card or debitcard security or privacy by such third-party processor. You agree to payall charges incurred by users of your credit card, debit card, or othermethod of payment. The processing of payments is subject to the terms,conditions and privacy policies of the third-party processor in additionto the Terms here. For Subscriptions, Som Sleep does not store any ofyour credit card information. Your credit card information is processedand securely stored by a third-party processor. If your payment detailschange, your card provider may provide the third-party processor withupdated card details. We may use these new details or details from othercards on file in order to help prevent any interruption to your SomSleep subscription. If you would like to use a different payment methodor if there is a change in payment method, please update your billinginformation by logging into your account or contacting us.
Som Friends, Inc. will ship allProducts purchased through the Service to the address specified in theshipping address section of the order form. Shipments will be made viastandard ground service unless otherwise specified at the time ofpurchase. The time period from order to delivery will vary depending onlocation. You may have Products shipped only to addresses located withinthe United States.
Refunds and Replacements
Don’t love your Som Sleep? SomFriends, Inc. stands behind our product and will do our best to make itright. If you are dissatisfied with one of our Products for any reason,Som Friends, Inc. will refund the amount paid for your most recentorder, limited to one case. To request a refund or replacement send anemail to firstname.lastname@example.org with your name, order confirmation number,and reason for the request, within 10 days of when you receive yourproduct. We may require proof of purchase if we can’t verify your order.If needed we will adjust this policy as required by the laws of thestate in which you live.
If the product you received expireswithin 3 months, was damaged in transit and is no longer drinkable, oris otherwise defective, we will replace it with a similar version of theproduct at no cost to you. If the product doesn’t agree with you wewill refund your order as long as you contact us within 10 days of whenyou receive your product. Refund policy subject to change withoutnotice.
You may cancel your subscription toProducts offered through the Service at any time. If there is anoutstanding order associated with your subscription, the cancellationwill go into effect once that order is processed by Som Friends, Inc.Should you cancel before the second shipment, your card on file will becharged the difference between the regular and discounted subscriptionprice.
You understand that Products maycontain materials that could be dangerous if handled improperly, and youacknowledge that Som Friends, Inc. is not liable for any personalinjury or property damage arising from any misuse of any Productsoffered through the Service. You further acknowledge that Products maynot be suitable for use by children, and you expressly assume soleliability for providing any individual under the age of 18 with accessto any Products. You hereby agree not use Products for any illegalpurpose and you assume all liability for any action you take for anyaction that is contrary to any law, rule, or regulation of anyterritory.
Notice Regarding Medical Advice
This site does not provide medical orother licensed professional advice. Nothing stated or posted on thissite or available through any services are intended to be, and must notbe taken to be, the practice of medicine. The site materials, such astext, graphics, images, and information obtained from this site are forinformational purposes only. The site is not intended to be a substitutefor professional medical advice, diagnosis, or treatment. Always seekthe advice of your physician or other qualified health provider with anyquestions you may have regarding a medical condition. Never disregardprofessional medical advice or delay in seeking it because ofinformation you have obtained through this site. If you think you mayhave a medical emergency, call your doctor or 911 immediately.
Som Friends, Inc. cares about theintegrity and security of your personal information. However, we cannotguarantee that unauthorized third parties will never be able to defeatour security measures or use your personal information for improperpurposes. You acknowledge that you provide your personal information atyour own risk.
Since we respect artist and contentowner rights, it is Som Friends, Inc.’ policy to respond to allegedinfringement notices that comply with the Digital Millennium CopyrightAct of 1998 (“DMCA”). If you believe that your copyrighted work has beencopied in a way that constitutes copyright infringement and isaccessible via the Service, please notify Som Friends, Inc.’ copyrightagent as set forth in the DMCA. For your complaint to be valid under theDMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Informationreasonably sufficient to permit Som Friends, Inc. to contact you, suchas your address, telephone number, and, e-mail address;
- Astatement that you have a good faith belief that use of the material inthe manner complained of is not authorized by the copyright owner, itsagent, or law; and
- Astatement, made under penalty of perjury, that the above information isaccurate, and that you are the copyright owner or are authorized to acton behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Som Friends, Inc.
5029 Auckland Ave
North Hollywood, CA 91601
UNDER FEDERAL LAW, IF YOU KNOWINGLYMISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TOCRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARYDAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying SomFriends, Inc. and its affiliates that your copyrighted material has beeninfringed. The preceding requirements are intended to comply with SomFriends, Inc.’ rights and obligations under the DMCA, including 17U.S.C. §512(c), but do not constitute legal advice. It may be advisableto contact an attorney regarding your rights and obligations under theDMCA and other applicable laws.
In accordance with the DMCA and otherapplicable law, Som Friends, Inc. has adopted a policy of terminating,in appropriate circumstances, Users who are deemed to be repeatinfringers. Som Friends, Inc. may also at its sole discretion limitaccess to the Service and/or terminate the accounts of any Users whoinfringe any intellectual property rights of others, whether or notthere is any repeat infringement.
Third-Party Links, web sites and Services
You agree to defend, indemnify andhold harmless Som Friends, Inc. and its subsidiaries, agents, licensors,managers, and other affiliated companies, and their employees,contractors, agents, officers and directors, from and against any andall claims, damages, obligations, losses, liabilities, costs or debt,and expenses (including but not limited to attorney’s fees) arisingfrom: (i) your use of and access to the Service, including any data orcontent transmitted or received by you; (ii) your violation of any termof this Agreement; (iii) your violation of any third-party right,including without limitation any right of privacy, right of publicity orIntellectual Property Rights; (iv) your violation of any applicablelaw, rule or regulation; (v) your User Content or any that is submittedvia your account; or (vi) any other party’s access and use of theService with your unique username, password, or other appropriatesecurity code.
THE SERVICE AND PRODUCTS ARE PROVIDEDON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE OR PRODUCTSIS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,THE SERVICE AND PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ORNON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SOM FRIENDS, INC, ITSSUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ISACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOURREQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIMEOR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BECORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USEOF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELYRESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE ORLOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SOM FRIENDS, INC DOES NOT WARRANT,ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICEADVERTISED OR OFFERED BY A third-party THROUGH THE SERVICE OR ANYHYPERLINKED web site OR SERVICE, AND SOM FRIENDS, INC WILL NOT BE APARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU ANDTHIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCESAND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OFCERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOTAPPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, IN NO EVENT SHALL SOM FRIENDS, INC, ITS AFFILIATES,AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANYINDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARYDAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS,GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THEUSE OF, OR INABILITY TO USE, THIS SERVICE OR ANY PRODUCTS. UNDER NOCIRCUMSTANCES WILL SOM FRIENDS, INC BE RESPONSIBLE FOR ANY DAMAGE, LOSS,OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZEDACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATIONCONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, SOM FRIENDS, INC ASSUMES NO LIABILITY OR RESPONSIBILITYFOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONALINJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOURACCESS TO OR USE OF OUR SERVICE OR PRODUCTS; (III) ANY UNAUTHORIZEDACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONALINFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OFTRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJANHORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BYANY third-party; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANYLOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE;AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGALCONDUCT OF ANY third-party. IN NO EVENT SHALL SOM FRIENDS, INC, ITSAFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BELIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS,DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING ONE DOLLAR.
THIS LIMITATION OF LIABILITY SECTIONAPPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SOM FRIENDS,INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOINGLIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BYLAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THEEXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THEABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENTGIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTSWHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, ANDLIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THEEXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled andoperated from its facilities in the United States. Som Friends, Inc.makes no representations that the Service is appropriate or availablefor use in other locations. Those who access or use the Service fromother jurisdictions do so at their own volition and are entirelyresponsible for compliance with all applicable United States and locallaws and regulations, including but not limited to export and importregulations. You may not use the Service if you are a resident of acountry embargoed by the United States, or are a foreign person orentity blocked or denied by the United States government. Unlessotherwise explicitly stated, all materials found on the Service aresolely directed to individuals, companies, or other entities located inthe United States.
This Agreement, and any rights andlicenses granted hereunder, may not be transferred or assigned by you,but may be assigned by Som Friends, Inc. without restriction. Anyattempted transfer or assignment in violation hereof shall be null andvoid.
You agree that: (i) the Service shallbe deemed solely based in California; and (ii) the Service shall bedeemed a passive one that does not give rise to personal jurisdictionover Som Friends, Inc., either specific or general, in jurisdictionsother than California. This Agreement shall be governed by the internalsubstantive laws of the State of California, without respect to itsconflict of laws principles. The application of the United NationsConvention on Contracts for the International Sale of Goods is expresslyexcluded. You agree to submit to the personal jurisdiction of a statecourt located in Los Angeles County, California or the United StatesDistrict Court for the Southern District of California, for any actionsfor which we retain the right to seek injunctive or other equitablerelief in a court of competent jurisdiction to prevent the actual orthreatened infringement, misappropriation or violation of ourcopyrights, trademarks, trade secrets, patents, or other intellectualproperty or proprietary rights, as set forth in the Arbitrationprovision below.
For any dispute with Som Friends,Inc., you agree to first contact us at email@example.com and attempt toresolve the dispute with us informally. In the unlikely event that SomFriends, Inc. has not been able to resolve a dispute it has with youafter attempting to do so for a period of sixty (60) days, we each agreeto resolve any claim, dispute, or controversy (excluding any SomFriends, Inc. claims for injunctive or other equitable relief) arisingout of or in connection with or relating to this Agreement, or thebreach or alleged breach thereof (collectively, “Claims”), by bindingarbitration by the American Arbitration Association (“AAA”) in the cityof Los Angeles, California under the commercial rules then in effect forthe AAA, except as provided herein. The award rendered by thearbitrator shall include costs of arbitration, reasonable attorneys’fees and reasonable costs for expert and other witnesses, and anyjudgment on the award rendered by the arbitrator may be entered in anycourt of competent jurisdiction. Nothing in this Section shall be deemedas preventing Som Friends, Inc. from seeking injunctive or otherequitable relief from the courts as necessary to protect any of SomFriends, Inc.’ proprietary interests.
Class Action / Jury Trial Waiver
ALL CLAIMS MUST BE BROUGHT IN THEPARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER INANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERALACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASSARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOTCONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERINGINTO THIS AGREEMENT, YOU AND SOM FRIENDS, INC ARE EACH WAIVING THE RIGHTTO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVEACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVEPROCEEDING OF ANY KIND.
Som Friends, Inc. may providenotifications, whether such notifications are required by law or are formarketing or other business related purposes, to you via email notice,sms/text messaging, written or hard copy notice, or through posting ofsuch notice on our web site, as determined by Som Friends, Inc. in our sole discretion. Som Friends, Inc. reserves the right to determine theform and means of providing notifications to our Users, provided thatyou may opt-out of certain means of notification as described in thisAgreement. Som Friends, Inc. is not responsible for any automaticfiltering you or your network provider may apply to email notificationswe send to the email address you provide us.
This Agreement, together with anyamendments and any additional agreements you may enter into with SomFriends, Inc. in connection with the Service, shall constitute theentire agreement between you and Som Friends, Inc. concerning theService. If any provision of this Agreement is deemed invalid by a courtof competent jurisdiction, the invalidity of such provision shall notaffect the validity of the remaining provisions of this Agreement, whichshall remain in full force and effect.
No waiver of any term of thisAgreement shall be deemed a further or continuing waiver of such term orany other term, and Som Friends, Inc.’ failure to assert any right orprovision under this Agreement shall not constitute a waiver of suchright or provision.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
Last Updated on September 27th, 2021
What information do we collect and for what purpose?
The categories of information we collect can include:
Information you provide to us directly
We may collect personal informationsuch as a username, first and last name, mailing address, billinginformation, phone number, e-mail address and payment information, whenyou register for a Som Friends, Inc. account, place and order throughthe Service, participate in our forums, comment on a blog post, or ifyou correspond with us. In time, we may permit you to provide additionalpersonal data in your profile.
Information we collect from third parties
We may collect information about youfrom third-party services. For example, we may receive information aboutyou when you interact with our site through various social media, forexample, by logging in through or liking us on Facebook, Instagram,Pinterest or following us on Twitter. The data we receive is dependentupon your privacy settings with the social network. You should alwaysreview, and if necessary, adjust your privacy settings on third-partyweb sites and services before linking or connecting them to the Service.
We use this information to operate,maintain, and provide to you the features of the Service. We may usethis information to communicate with you, such as to send you emailmessages, and to follow up with you to offer information about ourService and your account. We may also send you Service-related emails ormessages (e.g., account verification, order summaries, change orupdates to features of the Service, technical and security notices). Formore information about your communication preferences, see “YourChoices Regarding Your Information” below.
We and our third-party partners mayautomatically collect certain types of usage information when you visitour web site or use our Service. For instance, when you visit our websites, we may send one or more cookies — a small text file containing astring of alphanumeric characters — to your computer that uniquelyidentifies your browser and lets us help you log in faster and enhanceyour navigation through the site. A cookie may also convey informationto us about how you use the Service (e.g., the pages you view, the linksyou click, how frequently you access the Service, and other actions youtake on the Service), and allow us to track your usage of the Serviceover time. We may collect log file information about your browser ormobile device each time you access the Service. Log file information mayinclude anonymous information such as your web request, InternetProtocol (“IP”) address, browser type, information about your mobiledevice, referring / exit pages and URLs, number of clicks and how youinteract with links on the Service, domain names, landing pages, pagesviewed, and other such information. We may employ clear gifs (also knownas web beacons) which are used to anonymously track the online usagepatterns of our Users. In addition, we may also use clear gifs inHTML-based emails sent to our users to track which emails are opened andwhich links are clicked by recipients. The information allows for moreaccurate reporting and improvement of the Service. We may also collectanalytics data, or use third-party analytics tools, to help us measuretraffic and usage trends for the Service. These tools collectinformation sent by your browser or mobile device, including the pagesyou visit, your use of third-party applications, and other informationthat assists us in analyzing and improving the Service. Although we doour best to honor the privacy preferences of our Users, we are not ableto respond to Do Not Track signals from your browser at this time, as webelieve that there is no consistent industry standard for how torespond to Do Not Track browser settings.
We may use the data collected throughcookies, log file, device identifiers, location data and clear gifsinformation to: (a) remember information so that you will not have tore-enter it during your visit or the next time you visit the site; (b)provide custom, personalized content and information, includingadvertising; (c) provide and monitor the effectiveness of our Service;(d) monitor aggregate metrics such as total number of visitors, traffic,usage, and demographic patterns on our web site and our Service; (e)diagnose or fix technology problems; and (f) otherwise to plan for andenhance our service.
Third-party tracking and online advertising
We may permit third-party adnetworks, social media companies, and other third-party services tocollect information about browsing behavior from visitors to our Servicethrough cookies, social plug-ins, or other tracking technology. We maypermit third-party online advertising networks to collect informationabout your use of our web sites over time so that they may play ordisplay ads that may be relevant to your interests on our Service aswell as on other web sites or services. Typically, the information iscollected through cookies or similar tracking technologies. The only wayto completely “opt-out” of the collection of any information throughcookies or other tracking technology is to actively manage the settingson your browser or mobile device. Please refer to your browser’s ormobile device’s technical information for instructions on how to deleteand disable cookies, and other tracking/recording tools. Depending onyour mobile device, you may not be able to control tracking technologiesthrough settings. If you have any questions about opting out of thecollection of cookies and other tracking/recording tools, you cancontact us directly at email@example.com.
Sharing of your information
We may share your personalinformation in the instances described below. For further information onyour choices regarding your information, see the “Your Choices AboutYour Information” section below.
We may share your personal information with:
- Third-partyvendors and other service providers that perform services on ourbehalf, as needed to carry out their work for us, which may includeidentifying and serving targeted advertisements, billing, payments,payment processing, order fulfillment, or providing analytic services;
- Our business partners who offer a service to you jointly with us, or who partner with us to provide our Services to you;
- Othercompanies whose products or services may be of interest to you (to seehow you may opt-out of this sharing, see Your Choices, below);
- Otherparties in connection with a company transaction, such as a merger, saleof company assets or shares, reorganization, financing, change ofcontrol or acquisition of all or a portion of our business by anothercompany or third-party or in the event of a bankruptcy or related orsimilar proceedings; and
We may also aggregate or otherwisestrip data of all personally identifying characteristics and may sharethat aggregated, anonymized data with third parties.
Any information or content that youvoluntarily disclose for posting to the Service, such as User Content,becomes available to the public, as controlled by any applicable privacysettings. If you remove information or content that you posted to theService, copies may remain viewable in cached and archived pages of theService, or if other Users have copied or saved that information.
Your choices about your information
How to control your communications preferences
You can stop receiving promotionalemail communications from us by clicking on the “unsubscribe link”provided in such communications. We make every effort to promptlyprocess all unsubscribe requests. You may not opt-out of Service-relatedcommunications (e.g., account verification, information about yourorders, changes/updates to our products or features of the Service,technical and security notices). If you want to opt-out of having yourinformation shared with third parties for marketing purposes, you maycontact us directly at firstname.lastname@example.org or click the unsubscribe link atthe bottom of the email and follow the on-screen instructions.
Text Marketing and Notifications: Bysubscribing to text notifications you agree to receive recurringautomated marketing messages at the phone number provided. Consent isnot a condition of purchase. Reply STOP to unsubscribe. HELP for help.Msg & Data rates may apply.
Modifying or deleting your information
If you have any questions aboutreviewing, modifying or deleting your account information, you cancontact us directly at email@example.com.
Terminating or deactivating your account
Following termination or deactivationof your Som Friends, Inc. account, Som Friends, Inc. may retain yourprofile information and User Content for a commercially reasonable timefor backup, archival, or audit purposes. Furthermore, Som Friends, Inc.may retain and continue to use indefinitely all information (includingUser Content) contained in your communications to other Users or postedto public or semi-public areas of the Service after termination ordeactivation of your User account.
Under California’s CaliforniaConsumer Privacy Act or “CCPA”, effective as of January 1, 2020,California residents are given the right to opt-out of the sale of theirpersonal information.
In certain cases, sharing data withthese providers could be considered a “sale” under CCPA. If you are aCalifornia resident and would like to make a consumer access or deletionrequest under CCPA, you can email us at firstname.lastname@example.org or call us at1-888-SOM-SLEEP.
SMS/MMS Mobile Messaging Marketing Program
By subscribing to our textnotifications, regardless of the opt-in method you utilized to join, youagree to receive automated marketing text messages from us about ourproducts and services at the phone number you provided when yousubscribed, and that the messages may be sent via automatic telephonedialing system or other technology. Message frequency is recurring.Consent is not a condition of purchase. Message and data rates mayapply. If you do not wish to continue participating in textnotifications, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, orQUIT to any mobile message from Us in order to opt-out of textnotifications. You may receive an additional mobile message confirmingyour decision to opt-out. You understand and agree that the foregoingoptions are the only reasonable methods of opting out. You acknowledgethat our text message platform may not recognize and respond tounsubscribe requests that alter, change, or modify the STOP, END,CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use ofdifferent spellings or the addition of other words or phrases to thecommand, and agree that Som Friends Inc. and its service providers willhave no liability for failing to honor such requests. You alsounderstand and agree that any other method of opting out, including, butnot limited to, texting words other than those set forth above orverbally requesting one of our employees to remove you from our list, isnot a reasonable means of opting out.
We will only use information youprovide through text notifications, to transmit your mobile messages andrespond to you, if necessary. This includes, but is not limited to,sharing information with platform providers, phone companies, and othervendors who assist us in the delivery of mobile messages. WE DO NOTSELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANYPHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TOANY THIRD PARTY. Nonetheless, We reserve the right at all times todisclose any information as necessary to satisfy any law, regulation orgovernmental request, to avoid liability, or to protect Our rights orproperty. When you complete forms online or otherwise provide Usinformation in connection with text notifications, you agree to provideaccurate, complete, and true information. You agree not to use a falseor misleading name or a name that you are not authorized to use. If, inOur sole discretion, We believe that any such information is untrue,inaccurate, or incomplete, or you have opted into the text notificationsfor an ulterior purpose, We may refuse you access to the Program andpursue any appropriate legal remedies.
California Civil Code Section 1798.83permits Users of the Program that are California residents to requestcertain information regarding our disclosure of the information youprovide through the Program to third parties for their direct marketingpurposes. To make such a request, please contact us at the followingaddress:
Som Friends Inc
5029 Auckland Ave
North Hollywood, CA 91601
How we store and protect your information
Storage and Processing
Keeping your information safe
Som Friends, Inc. cares about thesecurity of your information, and uses commercially reasonable physical,administrative, and technological safeguards to preserve the integrityand security of all information collected through the Service. However,no security system is impenetrable and we cannot guarantee the securityof our systems 100%. In the event that any information under our controlis compromised as a result of a breach of security, Som Friends, Inc.will take reasonable steps to investigate the situation and whereappropriate, notify those individuals whose information may have beencompromised and take other steps, in accordance with any applicable lawsand regulations.
Som Friends, Inc. does not knowinglycollect or solicit any information from anyone under the age of 13 orknowingly allow such persons to register as Users. In the event that welearn that we have collected personal information from a child under age13, we will delete that information as quickly as possible. If youbelieve that we might have any information from a child under 13, pleasecontact us at email@example.com.
Links to other websites and services
Our Service may integrate with orcontain links to other third-party sites and services. We are notresponsible for the practices employed by third-party web sites orservices embedded in, linked to, or linked from the Service and yourinteractions with any third-party web site or service are subject tothat third-party’s own rules and policies.
How to contact us