TERMS & CONDITIONS
Somaya Life, LLC:
The following terms apply to the use of this website as well as all transactions for the purchase of product including those conducted through the site.
PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY
Standard Terms and Conditions of Sale of Somaya Life, LLC. (“Somaya Life”)
- These Terms and Conditions constitute a binding contract between Customer and Somaya Life and are referred to herein as either "Terms and Conditions" or this "Agreement". These Terms and Conditions are subject to change as provided herein.
- The Terms and Conditions posted on somayalife.com (the “Website”) at the time you (hereinafter “Customer”) places an order, unless otherwise agreed in writing by Somaya Life and Customer.
- These Terms and Conditions shall apply to all orders, whether said order is on the Website or any Priority IAC, Inc. website, via email, verbal (by telephone) or by written orders sent by Customer to Somaya Life, notwithstanding any variance with the terms or conditions of any order or other instrument provided by Customer to Somaya Life.
- Somaya Life may change these Terms and Conditions at any time in its sole discretion; said changes become effective (1) immediately upon written notice to Customer; or (2) thirty (30) days following the posting on the Website.
- Somaya Life reserves the right to refuse to fill orders from, or otherwise do business with, any party for any reason, whether or not set forth in these Terms and Conditions.
- Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Somaya Life. In addition, Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details. Electronic signatures (or copies of signatures sent via electronic means) are the equivalent of written and signed documents.
- THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
- BY ACCEPTING DELIVERY OF THE PRODUCTS OR BY ENGAGING PRIORTY TO PROVIDE PRODUCT OR PERFORM OR PROCURE ANY SERVICES, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS UNLESS CUSTOMER AND PRIORTY HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
- ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS OR SERVICES AND RESULTS THEREOF POSTED ON ANY PRIORTY WEBSITE OR MOBILE APPLICATION DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN PRIORTY AND CUSTOMER
TRANSACTION TERMS AND CONDITIONS OF SALE:
- ACCEPTANCE OF ORDER. Once Customer's order is accepted by Somaya Life, a binding contract is created to purchase and sell the product identified on Customer's order on these Terms and Conditions. Unless payment is made at the time of order, acceptance of any order may be contingent upon approval of the Customer's credit. Customer may issue a written purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions or any purchase order or invoice, or any document in electronic or written form that is signed and delivered by each of the parties. This Agreement contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings, whether oral, written, electronic or implied, if any, between the parties with respect to the subject matter hereof.
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and correct any error.
- RETURN POLICY Our product is perishable, which means returns are somewhat limited. Unopened packages can be returned within 7 days. We are unable to accept returns on opened items.
- PRICES AND CHARGES. All prices contained within the Somaya Life product catalog somaylife.com website are exclusive of applicable sales, use, and other taxes relating to the sale, purchase, or delivery of the product and all such taxes shall be paid by Customer. Product prices published by Somaya Life are subject to change without notice. Typographical and other errors instated prices are subject to correction. Somaya Life reserves the right to adjust pricing of products for any reason including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All orders are subject to product availability and the availability of personnel to perform the services. Therefore, Somaya Life cannot guarantee that it will be able to fulfill Customer’s orders.
- SHIPMENT AND DELAY. The methods of shipment and packaging shall be in accordance with Somaya Life's standard procedures, which may be changed, amended or modified in Somaya Life’s sole discretion.
Somaya Life will use all commercially reasonable efforts to deliver product to Customer on the schedule requested by Customer. However, Somaya Life shall not be liable for delays in product shipments for any reason. Product may be delivered in installments and a delay in delivery shall not relieve Customer of the obligation to accept and pay for such installment deliveries.
Somaya Life shall not be liable for failure to perform resulting from unforeseen circumstance or causes beyond Somaya Life's direct control.
INSPECTION AND ACCEPTANCE. Customer shall inspect all shipments of product upon arrival and shall notify Somaya Life in writing of any over shipments, shortages, defectiveness of product, or other failures to conform to the order which are reasonably discoverable within five (5) business days of product delivery. All notifications shall be accompanied by packing slips, inspection reports, and other documents necessary to support Customer's claims. All shortages or other failures to conform not timely reported to Somaya Life as required by this Section will be deemed forever waived by Customer.
- LIMITED WARRANTY – WAIVER OF IMPLIED WARRANTIES. Somaya Life provides a limited warranty for its products. The complete terms of Somaya Life’s limited warranty are posted on the Website and are incorporated herein by reference. Somaya Life makes no other warranties, express or implied, arising by law or otherwise (INCLUDINGBUT NOT LIMITED TO ANY WARRANTY WITH RESPECT TO ANY OBLIGATIONS OF SOMAYA LIFEWITH RESPECT TO THE IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTYOF FITNESS, ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OFDEALING OR USAGE OF TRADE OR OTHERWISE, AND ANY OBLIGATION OR LIABILITY OF PRIORITYH FROM TORT, OR FOR LOSS OF USE, REVENUE OR PROFIT, OR FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES) or whether or not occasioned by the negligence of Somaya Life. This warranty states the entire obligation of Somaya Life in connection with this transaction. The warranty shall not be extended, altered or varied except by a written instrument signed by Somaya Life and by the respective duly authorized representatives of the parties.
SOMAYA LIFE, LLC: LIMITED WARRANTY
- Somaya Life makes not warranty, whether express or implied, other than this Limited Warranty. This Limited Warranty is made to the original end user (“Buyer”) only and is non-transferable.
- Somaya Life warrants that this product is composed of the materials and quantities described on the label of the product and the materials are free from defects. Somaya Life warrants that for the Warranty Period, under normal use in accordance with the instructions of Somaya Life, the product is free from defects.
- Buyer recognizes that the products are biological products and accordingly there may be a difference in purity from one batch to another and that the products may be or become impure or otherwise unusable by reason of factors outside of Somaya Life’s control. Seller warrants that the Safety Data Sheets for the products are accurate and complete in all material respects.
- If the product fails to meet this warranty and Buyer gives Somaya Life written notice thereof or returns the product to Somaya Life during the applicable Warranty Period, Somaya Life shall replace the product or refund the purchase price, in its sole discretion. Buyer shall be solely responsible for the selection, use, efficiency, and suitability of the product and Somaya Life shall have no liability therefore. Somaya Life’s maximum liability under this limited warranty is the replacement of the product purchased or the return of the purchase price, in the sole discretion of Somaya Life.
- This Limited Warranty is limited to the earlier of: (1) ninety (90) days from the date the product is delivered to Buyer; or (2) any expiration date on the product.
- Somaya Life reserves the right to refund the purchase price instead of replacing a product.
- This warranty does not cover products which was not properly stored, out of date, modified, contaminated, combined with third party products or otherwise physically damaged by Buyer or a third party or which was not in the original Somaya Life products packaging. Buyer shall be obligated to determine if its specific intended use of the products is permitted and free from infringement.
- DEVIATIONS FROM THESE WARRANTY CONDITIONS SHALL ONLY BE MADE IN WRITING BY AN AUTHORIZED SOMAYA LIFE REPRESENTATIVE. NO PERSON, INCLUDING ANY AUTHORIZED RESELLER OR RETAILER, AUTHORZED THIRD PARTY SELLER, AGENT, DISTRIBUTOR, OF SOMAYA LIFE, IS AUTHORIZED TO MODIFY THIS WARRANTY OR MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF SOMAYA LIFE CONCERNINGANY PRODUCTS SOLD BY SOMAYA LIFE, EXCEPT TO REFER BUYERS TO THIS WARRANTY
- SOMAYA LIFE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING BUT NOT LIMITED TO ANY WARRANTY WITH RESPECT TO TITLE, ANY OBLIGATIONS OF SOMAYA LIFE WITH RESPECT TO THE IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS, ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE OR OTHERWISE, AND ANY OBLIGATION OR LIABILITY OF SOMAYA LIFE FROM TORT, OR FOR LOSS OF USE, REVENUE OR PROFIT, OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF SOMAYA LIFE. THIS PARTS LIMITED WARRANTY STATES THE ENTIRE OBLIGATION OF SOMAYA LIFE IN CONNECTION WITH THE TRANSACTION FOR ANY PART. THE WARRANTY SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY SOMAYA LIFE. IT IS UNDERSTOOD AND AGREED THAT IF SOMAYA LIFE IS FOUND LIABLE, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, LIABILITY SHALL NOT EXCEED THE COST TO REPAIR OR REPLACE, OR THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY THE PURCHASER, AS DETERMINED BY PRIORITY IN ITS SOLE DISCRETION, AND UNDER NO CIRCUMSTANCES SHALL SOMAYA LIFE BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, SOMAYA LIFE’S LIABILITY FOR ANY DEFECTIVE PRODUCT SHALL BE LIMITED TO THE REPLACEMENT OF THE PRODUCT OR RETURN OF THE PURCHASE PRICE, IT IS ACKNOWLEDGED THAT SELECT STATES DO NOT PERMIT EXCLUSIVE OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY EXTENDS TO YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
- THIS WARRANTY STATES THE ENTIRE OBLIGATION OF SOMAYA LIFE IN CONNECTION WITH ANY PURCHASE OF PRODUCT.
- This Limited Warranty does not cover miscellaneous expenses including labor costs, materials, lost time or wages, or storage fees. Some states do not allow limitations on how long an implied warranty lasts, or exclusions or limitations of incidental or consequential damages, your rights may vary state to state.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL SOMAYA LIFE, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS,SUBCONTRACTORS OR AGENTS BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, EVEN IF SOMAYA LIFE HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE,IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OFCONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY;(B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY SOMAYA LIFE OR ITS AFFILIATES BASED ON,RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCTS; OR (D) ANY UNAVAILABILITY OF THE PRODUCT FOR USE. IN THE EVENT OF ANY LIABILITY INCURRED BY SOMAYA LIFE OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF SOMAYA LIFE AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THEGREATER OF: (A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVINGRISE TO THE CLAIM; (B) THE COST TO REPLACE THE PRODUCT; or (C) $500.00.
- Due to the nature of Somaya Life’s products, Somaya Life does not accept the return of any product. Orders may be cancelled prior to shipment.
- GENERAL PROVISIONS:
- Failure by any party to enforce any of its rights hereunder shall not be construed to be a waiver of such party's rights or ability thereafter to enforce any of such party's rights under these Terms and Conditions.
- If any one or more of these Terms and Conditions are for any reason be held to be invalid, illegal, or unenforceable, the remaining Terms and Conditions shall be unimpaired and will continue in full force and effect.
- Headings are for the purpose of reference only and shall not in any way limit or affect the meaning or interpretation of these Terms and Conditions.
- Customer may not assign any contract between Somaya Life and Customer without the prior written consent of Somaya Life.
- Listing Errors. Somaya Life assumes no liability for errors in listings, specifications, product numbers, or prices contained within the Somaya Life product literature. Somaya Life reserves the right to change listings, specifications, product numbers or prices at any time without notice.
- Limitations on Actions. No action against Somaya Life for breach hereof may be commenced more than one year after the accrual of the cause of action.
- Technical Advice. Somaya Life assumes no obligation or liability on account of any recommendation, opinion, or advice concerning the choice or use of any product.
- Jurisdiction and Venue. All proceedings involving the performance, interpretation or enforcement of any of the provisions arising out of or relating to these the Order or these Standard Terms and Conditions shall be brought exclusively in the circuit court in Manitowoc County, Wisconsin or the Federal District Court located in Green Bay, Wisconsin. Customer waives any claim that the forum selected is inconvenient.
- Force Majeure. Somaya Life shall be liable for delays occasioned by unforeseeable causes beyond their control and without their fault or negligence; provided, however, that if any such delay occurs, Somaya Life shall have the option to cancel all or any part of the Order. Written notice of any such delay, including the anticipated duration of such delay, must be given by the nonperforming party within ten (10) days of the unforeseeable cause or event.
- Somaya Life reserves the right at any time and from time to time without cause, to cancel all or any part of the undelivered portion of the Order by notice to Customer. In the event of such cancellation, Somaya Life shall not be liable to Customer for loss of anticipatory profits. The provisions of this paragraph shall not limit or affect Somaya Life's right to terminate the Order for default of Customer.
- Upon the happening of any one or more of the following events, Somaya Life shall forthwith have the unrestricted right to cancel and terminate the Order without cost or liability to Somaya Life: (1) Customer's insolvency or inability to meet obligations as they become due; (2) filing of voluntary or involuntary petition of bankruptcy by or against Customer; (3) institution of legal proceedings against Customer by creditors or stockholders; (4) appointment of a receiver for Customer by any court of competent jurisdiction. The acceptance of goods or performance after the occurrence of any of the events above enumerated shall not affect the right of Somaya Life to cancel its additional obligations.
- Electronic Transactions. Somaya Life and Customer agree that all business transactions may be conducted by electronic means, including the use of electronic signatures, subject to Wisconsin Statutes Chapter 137.
- Any notice given hereunder shall be deemed duly given when sent by pre-paid, first class mail.
Any notice to Somaya Life must be sent to:
Somaya Life, LLC
Attn: Richard Breunig, President
3504 County Road CR
This website is operated by Somaya Life, LLC, a Wisconsin limited liability company d/b/a Somaya Life™, hereinafter referred to “Somaya Life”. Throughout the site, the terms “we”, “us” and “our” refer to Somaya Life. Somaya Life offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.
SECTION 1 - ONLINE STORE TERMS
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Use, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Use of th website.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse to sell products or to service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Use, use of the Use, or access to the Use or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Use (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Use.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Except as set forth in our Limited warranty, we do not provide any other warranty, including that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Use will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Use may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Use or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Use that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Use or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Use or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Use or on any related website, should be taken to indicate that all information in the Use or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of this site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of this site will be accurate or reliable.
You agree that from time to time we may remove access to the site for indefinite periods of time or cancel the use of the site at any time, without notice to you.
You expressly agree that your use of, or inability to use, this site is at your sole risk. This site and all products and services delivered to you through this site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Somaya Life, our members, managers, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of this site or any products procured using this site, or for any other claim related in any way to your use of this site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of this site or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
SECTION 15 - SEVERABILITY
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 17 – WAIVER/ENTIRE AGREEMENT/DRAFTING CONVENTION
SECTION 18 - GOVERNING LAW
SECTION 20 - CONTACT INFORMATION