TERMS AND CONDITIONS

Intro

Last Updated: 01/01/2021

Effective Date: 01/01/2021 PLEASE READ

THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE, MOBILE APPLICATION OR ONLINE SERVICE PROGRAM WHERE THESE TERMS AND CONDITIONS OF USE ARE LINKED, OR OTHERWISE AGREEING TO THESE TERMS AND CONDITIONS OF USE, YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.

These Terms and Conditions of Use (“Terms and Conditions of Use" or “Terms of Use”) apply to your access to, and use of, any Stanford Sonoma Corp. ("Stanford Sonoma") website and online service or program where these Terms and Conditions of Use are posted or linked ("Stanford Sonoma Online Services"). These Terms and Conditions of Use are a legal and binding agreement between you and Stanford Sonoma, and, as applicable, its subsidiaries, affiliates, and related entities ("Affiliates") (Stanford Sonoma and its Affiliates are referred to herein, as the context may require, as "we", "us", or "our"). These Terms of Use govern your use of the Online Services, which includes the programs, offers, content, information, services, and features made available through the Online Services. If you do not agree to these Terms and Conditions of Use, then you should not use the Online Services. By continuing to use the Online Services, you agree that such use is legally sufficient consideration under these Terms of Use.

THESE TERMS AND CONDITIONS OF USE CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. Your use of the Online Services is at your risk. If you are dissatisfied with the OnlineServices in any way, its programs, offers, contents, features, or these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using the Online Services.

Modification of Services

Stanford Sonoma reserves the right, in its sole discretion,to modify the services from time to time and without notice, including by removing, adding, ormodifying products and/or third-party vendors and/or manufacturers from the product catalog.Stanford Sonoma shall have no liability to you for any modification or discontinuation of theservices. If you object to any such changes, your sole recourse shall be to cease using theservices.Limitations on Your Use of ServicesSubject to these Terms and Conditions of Use,Stanford Sonoma grants you a limited, revocable right to Access and use the site solely foryour own use. You may not attempt, or authorize, encourage, or support others' attempts, tocircumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the OnlineServices. You acknowledge and agree that you may not copy, distribute, sell, resell, orexploit for any commercial purposes any portion of the services, or any products accessiblethrough the services. Stanford Sonoma reserves the right to suspend or terminate use of thiswebsite or its services by you or other users in its sole discretion.

Limitations on Your Use of Services

Subject to these Terms and Conditions of Use, Stanford Sonoma grants you a limited, revocable right to Access and use the site solely for your own use. You may not attempt, or authorize, encourage, or support others' attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Online Services. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the services, or any products accessible through the services. Stanford Sonoma reserves the right to suspend or terminate use of this website or its services by you or other users in its sole discretion.

Modification of the Terms of Use

Stanford Sonoma may amend, supplement, or modify these Terms of Use from time to time byposting the amended Terms of Use on the site. By continuing to use the site after the amendedTerms of Use have been posted you agree to be bound by any such amendment or modification. Ifyou object to any such changes, your sole recourse shall be to cease using theservices.

Termination

If you materially breach the terms of this agreement, Stanford Sonoma maysuspend your ability to use the services or may terminate this agreement effective immediatelyand without notice to you. You may terminate this agreement at any time by providing writtennotice to us using the information contained in the Contact Ussection below. Please note thatif you exercise your right to terminate this agreement, we will be unable to continue toprovide you with services or access to the Online Services.

Children’s Privacy and Site Age Limitations

This website is intended for use by persons aged 13 or older, and by your use ofthis site you affirm that you are at least 13 years of age. In addition, if you are under theage of 18, you are only permitted to use this website with the consent of your parents or anadult guardian. Stanford Sonoma will not knowingly allow registration of an account for anyperson that Stanford Sonoma believes to be younger than 13. We also do not knowingly collectany personally identifiable information from any persons under the age of 13, and, if wediscover that we have been provided any such information, we will delete this information fromour records.

Pricing or Other Information Errors

Although Stanford Sonoma strives at all timesto maintain the accuracy of information maintained on the Online Services, including pricinginformation and product details, occasionally pricing or other information errors may occur onthis site. In the event that any Stanford Sonoma product that is available through this siteis mistakenly listed at an incorrect price or with other incorrect information, StanfordSonoma reserves the right either to refuse or cancel the order.

Payment and Billing

You acknowledge and agree that for each order you place through the Online Services, the full cost of products you order (for which prices are subject to change without notice) will be assessed against your payment card. You acknowledge and agree that a SMS or web browser command originating from your account constitutes an authorization for Stanford Sonoma to charge this amount and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account, regardless of whether you actually receive the products. Stanford Sonoma will provide you with reasonable notice of any material modification in the fees charged for the services, which notice may be provided by posting the new fee schedule on the site.

Privacy

Stanford Sonoma has an unrestricted right to collect and use any personal information you provide in connection with the services, provided that any such use shall be in accordance with our Privacy Policy available publicly on the website.

Third-Party Links

In an attempt to provide increased value to our customers and other site visitors, Stanford Sonoma may provide links to sites operated by third parties, including social media sites. However, even if the third party is affiliated with Stanford Sonoma, Stanford Sonoma has no control over these linked sites, all of which have separate terms and privacy practices, independent of Stanford Sonoma. These linked sites are only for your convenience, you acknowledge that you access them at your own risk.

Your Use of the Online Services

While using the Online Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Online Services for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Online Services or any other party’s use of the Online Services. You are granted a limited, non-exclusive right to create text hyperlinks to the Online Services for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising.

Stanford Sonoma’s Intellectual Property

The Online Services contain copyrighted and/or proprietary subject matter that is owned by Stanford Sonoma and/or its licensors. All such material is protected by relevant intellectual property laws, including copyright, trademark, patent and/or trade secret laws. Such material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any other applicable rights licensor. All trademarks, slogans and other indicia of origin ("Marks") that appear on or in connection with the services are the property of Stanford Sonoma and/or its affiliates, licensors and/or licensees. You are not authorized to use any such Marks.

Content Submitted by You

You are responsible for any information, text, reviews, posts, images, videos or other materials or content that you post, upload to us, or transmit through the Online Services (“User Content”). PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated. By submitting User Content to us directly or indirectly (including through any use of third party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose).

Employment Applications

Some websites and mobile applications maintained by Stanford Sonoma allow you to submit applications for employment with us. Should we employ you, none of the materials provided on a Site constitute or should be considered part or of an employment contract or an offer for employment.

No Agency Relationship

Neither these Terms and Conditions of Use, nor any materials, programs, offers, features, or services of the Online Services, create any partnership, joint venture, employment, or other agency relationship between Stanford Sonoma, its Affiliates, and you. You may not enter into any contract on our behalf or bind us in any way.

Important Legal Terms

Jurisdiction and Governing Law

Any legal action, suit, or proceeding arising out of or relating to these Terms of Use, or your use of the Online Services, shall be instituted exclusively in the federal or state courts located in Dallas, Texas. These Terms of Use shall be governed by Texas law, without regard to conflict of law principles.

Claims Limitation

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE DICKEY’ ONLINE SERVICES OR THESE TERMS AND CONDITIONS OF USE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STANFORD SONOMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON- INFRINGEMENT. STANFORD SONOMA MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE ONLINE SERVICES IS DONE AT YOUR OWN RISK, AND STANFORD SONOMA MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STANFORD SONOMA OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnification

You agree to indemnify, defend and hold harmless Stanford Sonoma, its agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you (or anyone accessing the services using your password) submit or transmit through the services, (b) your use of or access to the services, (c) your violation of these Terms of Use, (d) your violation of any rights of any third party, or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the services.

Limitation of Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE USE OR THE INABILITY TO USE THE ONLINE SERVICES CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.

RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of these Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranties; (b) Limitation of Liability; and (c) Indemnification. According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of these Terms of Use are found to violate an established legal right.

Consent to Communicate Electronically

When you use the Online Services or send communications to us via email, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Online Services. We may communicate with you by email or by posting notices through the Online Services. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us.

Entire Agreement and Severability

These Terms and Conditions of Use, together with any other applicable terms included within the Online Services, and/or the materials, programs, offers, features, and services made available through the Online Services, as each is currently posted on the Online Services, constitute the entire agreement between us and you with respect to your use of the Online Services and the materials, and supersede all previous written or oral agreements between us and you with respect to such subject matter. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions of Use or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.

Contact Us

If you have questions about these Terms of Use, please contact us through this online form or by writing us at info@stanfordsonoma.com.

Additionally, under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210