Last Revised: June 1, 2021
1. Terms and Changes to Terms
2. Site Content and Restrictions on Use
any commercial use of this website or its contents;
any collection or use of any product listings, descriptions, images or videos;
any derivative use of the website or its contents;
any downloading, copying or other use of the website or its contents for the benefit of any third party; or
any use of data mining, robots or similar data gathering and extraction tools.
This website and its contents may not be reproduced, sold, visited, or otherwise exploited for any commercial purpose without the prior express written consent SONNEMAN. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on this website or owned by SONNEMAN without first obtaining SONNEMAN’s express prior written consent. Additionally, you agree not to:
collect information from the Services using an automated software tool or manually on a mass basis;
use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
obtain, or attempt to obtain, access to areas of the Services or our systems that are not intended for access by you;
“flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
restrict or inhibit other users from accessing or using the Services;
modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Services or in the Content; or
access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
3. Your Account
Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify SONNEMAN of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
4. Your Account (cont.)
You can review and change the personal information associated with your account by logging into your account and visiting My Account. You may also send us an email to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirements or cause the information to be incorrect.
The Services, including the Content, are owned by us and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of us and our licensors. You acknowledge and agree that, as between you and SONNEMAN, SONNEMAN is and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
6. Electronic Communications
8. Disclaimers; Limitation of Liability
Corrections. This website may contain errors and may not be complete or current. SONNEMAN therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing and availability, and we reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order placed based on incorrect pricing or availability information. You agree that we will not be liable to you or to any third party for any such change. We apologize for any inconvenience.
Suspension & Termination of Access. We also have the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof at any time and for
Disclaimer of Warranties. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY SONNEMAN ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND SONNEMAN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER SONNEMAN NOR ANY PERSON ASSOCIATED WITH SONNEMAN MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE OPERATION OF THE WEBSITE, THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE CONTENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR EMAILS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the provisions in this section may not apply to you.
9. Third Party Materials
The Services may display, include, or make available third-party content (including data, information, applications and other products or services) or provide links to third-party websites or services (collectively, “Third Party Materials”). SONNEMAN does not make any representations or warranties about any Third-Party Materials, their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Third Party Materials are independent from us, and have no control over, or responsibility with respect to, the information provided or activities undertaken by Third Party Materials. A link between the Services and Third Party Materials not mean that we endorse it. Third Party Materials and links thereto are provided solely as a convenience to you, and you need to make your own independent decisions regarding your interactions or communications with Third Party Materials.
11. Submitted Ideas
12. Copyright Infringement
The Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send SONNEMAN a notice at the address listed below requesting that we remove the material or block access to it, but your written notice of alleged copyright infringement must substantially include the following information:
dentification of the copyrighted work that you believe to be infringing and its location. Please describe the content in as much detail as possible and provide us with its URL or any other pertinent information that will allow us to locate the content.
Your name, address, telephone number, and (if available) email address.
A statement that you have a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent or the law.
A statement that the information you have supplied is accurate and indicating under penalty of perjury that you are the copyright owner or authorized representative.
A signature or the electronic equivalent from the copyright holder or authorized representative.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details.
Notices and counter-notices should be sent to: SONNEMAN Legal Department, 20 North Ave., Larchmont, NY 10538 or firstname.lastname@example.org.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
13. CLASS ACTION WAIVER AND ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION (hereinafter “Class Action”).
Most customer concerns can be resolved by contacting Customer Service at email@example.com. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section explains how any Claims (as defined below) are resolved through arbitration. In this Agreement to Arbitrate, the term “SONNEMAN” includes any of its affiliates or subsidiaries, and any persons or entities (including agents or employees) related to SONNEMAN or its affiliates or subsidiaries.
You and SONNEMAN agree that any claim, dispute or controversy arising out of or relating to your use of this website or any product(s) or service(s) sold or other benefit offered to you by/through SONNEMAN (except claims, disputes, or controversies concerning either (i) the validity, enforceability, or scope of any part of this Agreement to Arbitrate or (ii) intellectual property rights) shall be subject to binding individual arbitration (hereinafter “Claim” or “Claims”). IN ARBITRATION, NEITHER YOU NOR SONNEMAN WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT OR HAVE A JURY TRIAL ON ANY CLAIM. BOTH PARTIES HEREBY AGREE TO PROCEED IN ARBITRATION AND WAIVE ALL RIGHTS TO A JURY TRIAL OR OTHER TRIAL IN COURT. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND SONNEMAN EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.
Prohibition of Class Action. YOU AND SONNEMAN AGREE THAT ANY AND ALL CLAIMS AGAINST EACH OTHER MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS IN ARBITRATION. YOU AND SONNEMAN AGREE TO FORGO/WAIVE ANY RIGHT OR ABILITY TO FILE, OR PARTICIPATE IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION AGAINST THE OTHER PARTY AND INSTEAD AGREE TO ARBITRATE ALL CLAIMS AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS ONLY. YOU AND SONNEMAN AGREE THAT CLAIMS OF TWO (2) OR MORE PERSONS MAY NOT BE COMBINED OR CONSOLIDATED IN THE SAME ARBITRATION. YOU AND SONNEMAN AGREE THAT THE ARBITRATOR HAS NO AUTHORITY OR POWER TO ARBITRATE OR OTHERWISE DECIDE ANY CLAIM ON A CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE BASIS, AND MAY AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). THE ARBITRATOR ALSO HAS NO POWER OR AUTHORITY TO RULE ON HIS/HER OWN JURISDICTION OR TO DETERMINE THE VALIDITY, ENFORCEABILITY, OR SCOPE OF ANY PART OF THIS AGREEMENT TO ARBITRATE. If this specific provision is found to be unenforceable, then neither you nor we will be entitled to arbitrate our dispute.
Claims. All Claims are subject to arbitration, no matter what legal theory the Claims are based on and no matter what remedy (including any type of monetary relief (including but not limited to damages and penalties) and including any type of injunctive, declaratory, or other equitable relief) the Claims seek, including but not limited to: Claims based on contract, tort (including but not limited to intentional torts), fraud, agency, negligence, equity, qui tam, deceptive trade practices, any statutory or regulatory provisions (federal, state, or otherwise), or any other sources of law (federal, state, or otherwise); Claims made as initial claims, counterclaims, cross-claims, third-party claims, interpleaders, or otherwise; and Claims made regarding past, present, or future conduct. You agree not to sell, assign, or transfer any Claim.
Demand for Arbitration. A party who intends to arbitrate (“Claimant”) must first send to the other party (“Respondent”) a written notice, entitled “Demand for Arbitration” (“Demand”). The Demand must: (1) briefly explain the dispute; (2) provide the Claimant’s name and address, the address of the Claimant’s representative (if the Claimant has one), and the Respondent’s name and address; (3) specify the amount of money in dispute, if applicable: (4) if the Claimant is requesting an in-person hearing, identify the requested location for the hearing; and (5) include a statement of what the Claimant wants. The Claimant must send one copy of the Demand to AAA at the same time the Claimant sends it to the Respondent. When sending a copy of the Demand to AAA, the Claimant must also include a copy of this arbitration agreement and any amendments to it and the then current filing fee required by the AAA. The Demand must be sent to the AAA at the following address:
American Arbitration Association
Case Filing Services
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
Alternatively, the Demand may be filed with the AAA online using AAA WebFile at https://www.adr.org.
Arbitration Rules. Arbitration shall be administered by the American Arbitration Association (“AAA”) according to this Agreement to Arbitrate and the applicable AAA consumer arbitration rules (except any AAA or other rules permitting class, collective, consolidated, or representative arbitrations, which rules are not part of this Agreement to Arbitrate and are not applicable) in effect when the Claim is filed (hereinafter “AAA Rules”). If there is any conflict (express or
implied) between the AAA Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. You can obtain copies of the AAA Rules at AAA’s website (www.adr.org) or by calling 800-778-7879. You or SONNEMAN may choose to have an in-person arbitration hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person arbitration hearing will be held within 50 miles of your billing address, unless you and SONNEMAN agree on a different location.
Arbitration shall be initiated in accordance with the AAA Rules, except that the parties agree that any demand for arbitration or other similar document will be signed by the filing party personally (for SONNEMAN, by an authorized non-lawyer representative) and not by an attorney. The arbitration shall be conducted by a single arbitrator in accordance with this Agreement to Arbitrate and the AAA Rules. Both you and SONNEMAN shall participate equally in the selection of the arbitrator. The parties shall request AAA to provide a panel of seven (7) neutral arbitrators from AAA’s national roster of arbitrators along with materials showing the background of each arbitrator on the panel provided. Within seven (7) calendar days after the panel is received, the parties shall take turns striking unacceptable arbitrators from the panel until only one remains. The parties then shall inform AAA of the remaining arbitrator who will decide the dispute. If both parties agree that the remaining arbitrator is unacceptable, the parties may request a second panel from AAA and the selection process will begin again. If both parties agree that no one on the second panel is acceptable, either party may request AAA to appoint an arbitrator who was not on either panel.
You and SONNEMAN agree to limit discovery in arbitration. Each party agrees to limit their respective discovery in arbitration to: (i) depositions of up to three (3) relevant individuals; (ii) service of one set of up to twenty (20) interrogatories (including subparts); and (iii) service of one set of up to twenty (20) requests for production of relevant documents. The party taking the deposition shall be responsible for all associated costs, including the cost of a court reporter, transcript, videographer, or video. Responses to interrogatories or document requests must be served within thirty (30) calendar days of receipt of the interrogatories or document requests. The arbitrator also may allow additional relevant and reasonable discovery consistent with this Agreement to Arbitrate.
The arbitrator must honor claims of privilege recognized at law and shall take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator must allow, and has the authority to grant, motions dispositive of all or part of any Claim. The arbitrator shall apply the substantive law, including the conflicts of law, of the state in which your billing address is/was located at the time you and SONNEMAN entered into this Agreement to Arbitrate. For Claims or defenses arising under or governed by federal law, the arbitrator shall follow the substantive law as set forth by the United States Supreme Court and by the United States Court of Appeals and United States District Court covering your billing address at the time you and SONNEMAN entered into this Agreement to Arbitrate.
The arbitrator shall have the authority to award individual monetary and non-monetary relief available under applicable law. The arbitrator shall issue a written award and statement of decision explaining the findings and conclusions on which the award is based, including the calculation of any damages awarded. An arbitration award shall decide the rights and obligations only of the parties named in the arbitration and shall not have any bearing on any other person or dispute. No decision by an arbitrator shall serve as precedent in any other matter. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator’s award is final and binding and is subject to judicial review only as allowed by the FAA or other applicable law.
You are responsible for paying the consumer filing fee required by the AAA Rules. SONNEMAN will pay the other costs for the parties to access the arbitral forum that are required by AAA. The parties are otherwise responsible for their own attorney’s fees, expert fees, and any other costs and expenses incurred, unless applicable law allows the arbitrator to award such fees, costs, or expenses to you for prevailing on a Claim.
Amendment to Arbitration Provisions. SONNEMAN may modify this Agreement to Arbitrate upon posting a revised version in its Legal Notice. Any such modification shall be effective for any Claim based on use of the website or any product or service sold, or other benefit offered to you by/through SONNEMAN after the date of such posting. The modification will only apply prospectively and will not apply to any Claims that have arisen or accrued before the modification is posted. Your continued use of this website, purchase of a product or services, or acceptance of other benefits after the date of posting will constitute your acceptance of, and agreement to, any such modification. In the absence of such advance written notice, if the Claims arose or accrued before the effective date of the modification, or if the modification is not allowed by a court in the applicable jurisdiction, the Agreement to Arbitrate that was in effect before the modification shall govern the parties’ dispute.
Survival. This Agreement to Arbitrate shall survive any termination of the relationship between you and SONNEMAN, including the bankruptcy of any party or any transfer in or change of control of SONNEMAN. If any terms or parts of this Agreement to Arbitrate are deemed invalid or unenforceable under applicable law, the other terms/parts of this Agreement to Arbitrate shall remain in full force and effect, except that you and SONNEMAN agree that there will never be any arbitration of any Claims on a class, consolidated, collective, or representative basis.
15. Contact Us
If you have any questions, need more information on SONNEMAN policies or want to resolve a complaint, email us at firstname.lastname@example.org or write to us at 20 North Ave., Larchmont, NY 10538.
16. Notice for California Residents
Pursuant to Cal. Civ Code § 1789.3, 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., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.