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W. E. Sonetti Mercantile, Ltd.
Last updated: 06/15/2024
These Terms of Use (Terms) apply to your access to and use of the websites, applications and other online products and services (collectively, our Services), provided W. E. Sonetti Mercantile, Ltd. and its subsidiaries. By clicking to indicate your acceptance or otherwise using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 22, you may not use our Services.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (Additional Terms). For instance, your purchase and use of gift cards is subject to our gift card terms and conditions. To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your access to or use of the applicable feature, product or service.
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
1 - Eligibility
You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.
2 - User Accounts
You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access the Services through your account, you are responsible for the activities of those users. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.
3 - Terms of Sale
4 - Limited License
Our Services, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to W. E. Sonetti Mercantile, Ltd. and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, W. E. Sonetti Mercantile, Ltd. and our licensors reserve all rights in and to our Services. W. E. Sonetti Mercantile, Ltd. grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to use our Services for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Services to any third party or otherwise use our Services for any commercial purpose; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
5 - User Content
Our Services may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, "User Content"). Except for the license you grant below, as between you and W. E. Sonetti Mercantile, Ltd., you retain all rights in and to your User Content. You grant W. E. Sonetti Mercantile, Ltd. a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Services and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.
6 - Prohibited Conduct
You agree that you will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
7 - Prohibited Content. You may not create, post, store or share any User Content that:
8 - Hyperlinks
You may create a text hyperlink to our Services for noncommercial purposes, provided such link does not portray W.E. Sonetti Mercantile, Ltd. or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time. You will not use the W. E. Sonetti Mercantile, Ltd. logo(s) or other proprietary graphic of W. E. Sonetti Mercantile, Ltd. to link to our Services without our express written permission.
9 - Third-Party Content
W. E. Sonetti Mercantile, Ltd. may provide third-party content on our Services, including User Content, and may provide links to web pages and content of third parties (collectively, the Third-Party Content). W. E. Sonetti Mercantile, Ltd. does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. W. E. Sonetti Mercantile, Ltd. does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content. You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Services are solely between you and such advertiser. Access and use of such Third-Party Content, including the materials, products or services on or available through any third party sites, is solely at your own risk.
10 - Feedback
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about W. E. Sonetti Mercantile, Ltd. or our products or Services (collectively, Feedback), is non-confidential and W. E. Sonetti Mercantile, Ltd. will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11 - Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify W. E. Sonetti Mercantile, Ltd. Designated Agent as follows:
Designated Agent: Assistant General Counsel
Address: W. E. Sonetti Mercantile, Ltd.
16748 E. Smoky Hill Rd., Unit 9C-243
Centennial, CO 80015-2495
Phone: +1 (720) 783-9803
Email: legal@SonettiMercantile.com
Please see 17 U.S.C. 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to W. E. Sonetti Mercantile, Ltd. for certain costs and damages.
12 - Cookies and Tracking Technologies
W. E. Sonetti Mercantile, Ltd. may use cookies and similar tracking technologies on this website. By using this website, you consent to our use of cookies in accordance with our Privacy Policy. Cookies are small text files that are placed on your device to track your online activity. We use cookies for various purposes, including improving your user experience, analyzing website traffic, and delivering targeted advertisements. You can control and manage cookies through your browser settings. Please review our Privacy Policy and Cookie Page for more information on how we use cookies and how you can manage your cookie preferences.
13 - User-Generated Content
W. E. Sonetti Mercantile, Ltd. welcomes user-generated content, including product reviews, comments, and other submissions. By submitting content to our website, you agree to abide by the following guidelines:
Please note that user-generated content represents the opinions and experiences of individual users and does not necessarily reflect the views of W. E. Sonetti Mercantile, Ltd.
14 - Intellectual Property
W. E. Sonetti Mercantile, Ltd. respects the intellectual property rights of others and expects users of this website to do the same. All content on this website, including text, images, logos, and trademarks, is protected by intellectual property laws. You may not use, reproduce, or distribute any content from this website without our express permission.
If you believe that your intellectual property rights have been infringed upon by any content on this website, please contact us immediately for resolution.
15 - Privacy Policy
For information about how we collect, use, and protect your personal information, please review our Privacy Policy. Your use of this website is also governed by our Privacy Policy, which is incorporated into these Terms of Use.
16 - California Residents & Residents of Other States with Specific Privacy Laws
If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA). For details about your CCPA rights and how we collect, use, and disclose your personal information, please refer to our Privacy Policy. You may also contact the California Department of Consumer Affairs for more information about your rights.
If you are a resident of Colorado, Connecticut, Virginia or Other States with Specific Privacy Laws, please see our Privacy Policy and Customer Protection & Cookies Pages for more information.
17 - Call Monitoring and Recording
For quality assurance and training purposes, W. E. Sonetti Mercantile, Ltd. may record and monitor incoming and outgoing calls. By using our services and contacting us via phone, you consent to such call recording and monitoring.
18 - Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless W. E. Sonetti Mercantile, Ltd., our affiliates, and each of our and their respective officers, members, managers, directors, agents, partners and employees (individually and collectively, the W. E. Sonetti Mercantile, Ltd. Parties) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services, including your conduct in connection with our Services; (b) your User Content or Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify W. E. Sonetti Mercantile, Ltd. Parties of any third-party Claims, cooperate with W. E. Sonetti Mercantile, Ltd. Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys fees). You also agree that the W. E. Sonetti Mercantile, Ltd. Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any of the W. E. Sonetti Mercantile, Ltd. Parties.
19 - Disclaimers
We do not control, endorse or take responsibility for any Third-Party Content available via our Services. Your use of our Services is at your sole risk. Except as otherwise provided in these Terms (including any limited warranty applicable to a W. E. Sonetti Mercantile, Ltd. Product), our Services and the products purchased via our Services are provided as is and as available without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, except that if W. E. Sonetti Mercantile, Ltd. provides an express limited warranty for a W. E. Sonetti Mercantile, Ltd. Product, the implied warranties are limited to the term of that limited warranty. In addition, W. E. Sonetti Mercantile, Ltd. does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While W. E. Sonetti Mercantile, Ltd. attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. Except as otherwise provided in these Terms, you assume the entire risk as to the quality and performance of the Services and the products you purchase via the Services.
20 - Limitation of Liability
21 - Release
To the fullest extent permitted by applicable law, you release the W. E. Sonetti Mercantile, Ltd. Parties from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
22 - Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with W. E. Sonetti Mercantile, Ltd. and limits the manner in which you can seek relief from us.
23 - Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Colorado, without regard to conflict of law rules or principles (whether of Colorado or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or small claims court will be resolved in the state or federal courts of Colorado and the United States, respectively, sitting in Denver County, Colorado.
24 - Export Compliance
All or part of our Services or the products purchased via our Services may be subject to U.S. export control, customs or economic sanctions laws (Export Controls). You agree to comply with all Export Controls as they relate to your receipt and use of our Services and the products purchased via our Services. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
25 - Government Users
This section applies only if you are acting on or behalf of an agency of the U.S. government. If acquired by any agency of the U.S. government, such agency acknowledges that: (a) any software obtained in connection with the Services (such as our mobile apps) constitute commercial computer software or commercial computer software documentation for purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, as applicable; and (b) such agency’s rights are limited to those specifically granted under these Terms.
26 - Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services. If you have registered an account, you may terminate our Services at any time by contacting us and requesting termination of the account. Any outstanding fees will still be due even after termination of your account. At the termination of our Services, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
27 - Miscellaneous
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms and any applicable Additional Terms constitute the entire agreement between you and W. E. Sonetti Mercantile, Ltd. relating to your access to and use of our Services. The failure of W. E. Sonetti Mercantile, Ltd. to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
28 - Changes to Terms
We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the Last Updated date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
29 - Contact
If you have any questions or concerns regarding the Services or these Terms, please contact W. E. Sonetti Mercantile, Ltd. at: W. E. Sonetti Mercantile, Ltd., Attn: Legal Department, 16748 E. Smoky Hill Rd., Unit 9C-243, Centennial CO 80015-2495 or legal@SonettiMercantile.com.
Mobile Terms of Service
W. E. Sonetti Mercantile, Ltd. mobile message service (the "Service") is operated by GoDaddy, Inc (“GoDaddy”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to W. E. Sonetti Mercantile, Ltd. SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of W. E. Sonetti Mercantile, Ltd. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with W. E. Sonetti Mercantile, Ltd. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +3038868435 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other W. E. Sonetti Mercantile, Ltd. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +17207839803 or email info@SonettiMercantile.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
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