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Website Terms of Service and Conditions of Sale

Welcome to Sumbody, the website for Sumbody, Inc. The terms “Sumbody, Inc.,” “Sumbody,”  “Site”, “website,” “us” or “we” refer to Sumbody, Inc., the owner of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.

General Terms and Conditions

Your use of the Site is expressly subject to the following Terms of Service and Conditions of Sale (“Terms and Conditions”). If you do not agree with any of these Terms and Conditions, do not access or otherwise use this website or any information or materials contained on this site. Your use of the Site shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein. These Terms and Conditions may be updated by Sumbody at any time and from time to time with or without notice to you. Your continued use of the Site following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.

By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, device or online account, and any account information saved thereon; and you agree to accept responsibility for all activities that occur under your account or password. Sumbody reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You agree that Sumbody and its licensors may make improvements and/or changes in the website content and services or events described in this website, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the website may not be legal by certain persons or in certain countries. 

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Sumbody to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sumbody in writing. The Terms and Conditions, along with the Privacy Policy comprise the entire agreement between you and Sumbody and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. 

These Terms and Conditions are personal to you and you may not transfer, assign, or delegate these Terms and Conditions to anyone without the express written permission of Sumbody. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of Sumbody shall be null and void. These Terms and Conditions will inure to the benefit of Sumbody, its successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read but have no binding effect.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of California and of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions. You agree to submit to the jurisdiction of the courts located in Sonoma County, in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of the website.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Sumbody’s trademarks, including without limitation, graphics, logos, page headers, button icons, scripts, and service names, are trademarks, or trade dress of Sumbody in the U.S. and/or other countries. Sumbody’s trademarks, trade dress, and other intellectual property may not be used in connection with any product or service that is not Sumbody’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sumbody. All other trademarks not owned by Sumbody that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sumbody.  

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Credit Card Charges

Orders are by credit card only. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement. The billing address will be the address where your order will be shipped. If you wish to ship to an address different than your billing address, please provide this information at the time of your order. Please refer to the Privacy Policy as to how we use your address information.

Errors and Omissions

Occasionally, our listed prices, product offerings or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, Sumbody shall be held harmless for any such errors. In all cases, the customer will be contacted before any charges are made to the credit card so that the customer can make a decision to proceed or not proceed with the order (if possible). We will not fulfill an order if we determine in our sole discretion that it was entered due to a mistake. If you make a mistake in the entry of an order that you place, contact us immediately before the order is processed so that we can correct your order.

Sales and Shipping

All orders are processed at, and shipped from Sebastopol, CA. We ship by ground and air using USPS and/or UPS and our shipping prices include packaging materials. We will not be held responsible for any shipment delays (or product damaged as a result of such delays) caused by erroneous information provided by the customer at the time of ordering.

Please contact sumbody@sumbody.com with any questions or concerns you may have regarding our shipping policies.

Sales Tax

All products are sold in the state of California and the title passes to the buyer in California. All purchases shipped to California addresses will be subject to a 7.75% sales tax. We collect sales tax for the states to which we ship at the applicable rates for each state.

License and Site Access

Sumbody grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sumbody. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other "hidden text" utilizing Sumbody’s name, portion thereof, abbreviation, or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by these Terms and Conditions. Contact sumbody@sumbody.com for requests involving any of the uses in this paragraph.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site (www.sumbody.com) so long as the link does not portray Sumbody or its products or services in a false, misleading, derogatory, or otherwise harmful or offensive manner. Should you wish to link to a particular page other than the home page, or to any particular product located on the Site, you must seek prior permission for such link by contacting us at sumbody@sumbody.com. You may not use our logo or other proprietary graphic or trademark as part of any link without express written permission.

Disclaimer of Warranties

ALTHOUGH SUMBODY ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SITE. SUMBODY DOES NOT WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, APPLICATIONS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. SUMBODY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE. THE SITE’S CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL SUMBODY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, APPLICATIONS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUMBODY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

By using this website, you agree to be bound by the Terms and Conditions above. Use of the Site is also under the Privacy Policy. To the extent there is any inconsistency or ambiguity as between these Terms and Conditions and the Privacy Policy, the terms of this Terms of Service and Conditions of Sale control. If you have any questions about these Terms and Conditions, please contact us at sumbody@sumbody.com.