Terms and Conditions

SonataHomeDesign.com (the “Site” or “Website”) is composed of various web pages operated by (Sonata Home Design, LLC), the “Site Owner”. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. If you do not agree with any of these terms, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trademark law.

PRIVACY POLICY
Your use of the Site is also subject to our Privacy Policy, which also governs this Site and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.

DISCLOSURES & DISCLAIMERS
Your use of this Site is also subject to our Disclosures & Disclaimers, which also governs this Site and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclosures & Disclaimers is hereby incorporated into these Terms.

NO USE BY MINORS
To access or use this Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using this Website.

USE OF CONTENT, PRODUCTS, RESOURCES, SERVICES
License
This is the grant of a license, not a transfer of title.
Permission is granted to temporarily use or download one copy of the materials (information or resources) on the Site for personal, non-commercial, transitory viewing only.

All content included as part of this Site, such as text, graphics, logos, images, as well as compilation thereof, and any software used on the Site, is the property of the Site and the Site Owner or its partners and protected by copyright and other proprietary notices or other restrictions contained in any such content and will not make any changes thereto.

Under this license, you may NOT:
use the materials for any commercial purpose or for any public display (commercial or non-commercial);
attempt to duplicate or reverse engineer any materials contained on the Site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through this Site.

Lawful Use
As a condition of your use of the Site, you warrant to the Site Owner that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. This Site’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of the Site Owner and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Site Owner or our licensors except as expressly authorized by these Terms.

You shall not post or transmit through the Site or social media groups managed by the Site or Site Owner any material that violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy, or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Site or Site Owner as a result of this agreement or use of the Site. The Site’s/Owner’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in contradiction with the Site’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Site or the Site Owner with respect to such use.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Site Owner at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Duration
To the extent that you are given or purchase access to any product or resource, you agree and understand that access to the Service/product may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against the Site or the Site Owner when there are reasonable delays in the access of the Service or product.
To the extent that “Lifetime Access” is promised or given, such access is for the lifetime of the resource, service, or product. If for any reason, the Site Owner should dissolve or cease to exist, then your access to the resource, service, or product terminates.

Termination & Refusal
The Site reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

All content, services, products, and/or resources are offered subject to our acceptance of your order or requests. The Site and Site Owner reserves the right to refuse service to any order, person, or entity, without the obligation to explain or provide a reason. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site, Product, or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

CONTENT YOU SUBMIT TO THE WEBSITEBy posting, uploading, submitting, inputting, providing, or otherwise making available any artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”), you grant us, our affiliated partners, and any necessary sub-licensees a worldwide, a nonexclusive, irrevocable license to use your Submission for promotional, business development, and marketing purposes including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Site and Site Owner is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Site/Owner’s sole discretion.

We claim no intellectual property rights over your content submitted to us. You retain copyrights and any other rights you may rightfully hold in any content that you submit through our Site.

You shall not upload, post, submit, input, or otherwise make available on the Website any Submissions protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission.

CHANGED TERMS
We may at any time amend or alter these Terms, including our Privacy Policy and Disclosures & Disclaimers. The date of the last revision will be indicated by the “Last updated” date at the top of this page. Any such changes are effective immediately upon their posting on this Website. We reserve the right to update any portion of our Website, including these Terms, at any time. If you continue to use our Website after we have made revisions, your continued use constitutes consent to the revised Terms.

WAIVER & SEVERABILITY
No waiver of any of the provisions of these Terms, including the Privacy Policy and Disclosures & Disclaimers, by the Site or Site Owner shall be deemed or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Site Owner. Any waiver by us of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right.

The subject headings of the paragraphs and subparagraphs of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms is held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.

MALICIOUS CODE & SECURITY
Although we try to prevent the introduction of viruses or other malicious code (“malicious code”) to our Site, we do not guarantee or warrant that our Site, or any data available on the Site, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our Site does not expose your computer system to the risk of interference or damage from malicious code.

Moreover, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Site and the Internet. We do not accept responsibility for any interference or damage to your computer or other property that may arise in connection with your access to this Site or any outbound hyperlinks.

NO WARRANTIES
While we make every effort to ensure that the content on this Site is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness, or fitness for any particular purpose of the content and materials on this site beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our Site and related information and services on an “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE.

ADDITIONALLY, WE ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.

IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM US.
INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Website, its content, and any product or service purchased from the Site, or your failure to maintain the confidentiality and/or security of your password or access rights to this Site and its resources. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

GOVERNING LAW & JURISDICTION
These Terms, including the Privacy Policy and Disclosures & Disclaimers, shall be construed in accordance with, and governed by, the laws of the State of [your state], and the courts of [your state] shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to the use of this site must be filed exclusively in the appropriate courts located in [your county, your state] and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

ALTERNATIVE DISPUTE RESOLUTION
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or inequity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single, neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in (your county, your state). The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.

ELECTRONIC COMMUNICATION
Visiting the Site or sending emails to the Site Owner constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.

CONTACT US
The Site Owner welcomes your questions or comments regarding Terms or any other legal notices included on this Site. For more information or if you have questions, please do not hesitate to contact us. Sonata Home Design, LLC | 7601 Kennelley Drive, Lincoln, NE 68516 | [email protected].