Who We Are
As used in this Agreement, and on this site, “My Soma Care ™” refers to the company Smart Circle International LLC (“Smart Circle”) and the website mysomacare.com. All content held on this website is the exclusive property of Smart Circle International LLC .
Grant of Use of Services
Permission is granted to use the content and software (the “Services”) on this Site as a shopping and personal care resource, but for no other purpose. Any other use of Services on this Site including, but not limited to, reproduction for purposes other than those noted above, or any modification, distribution or republication, without the prior written permission of My Soma Care ™ is strictly prohibited.
Purpose of Sales
All sales of products by My Soma Care ™ are limited to personal use and may not be made in conjunction with any resale or any commercial use. We reserve the right to limit quantities to normal retail purchases and reserve the right to decline any orders.
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of Smart Circle International LLC (My Soma Care ™) or its respective content providers, and are protected by U.S. and international copyright laws. All software used on this Site is the property of My Soma Care ™ or its respective software suppliers. Such software is protected by U.S. and international copyright laws and other laws and treaties. Any other use of materials on this Site – including reproduction for purposes other than those expressly permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of My Soma Care ™ is strictly prohibited.
All trademarks, service marks, brand messaging, logos, trade dress and trade names used on the Site (collectively the “Marks”) are proprietary to Smart Circle International LLC (My Soma Care ™) and may not be used in connection with any product or service that is not offered by My Soma Care ™ in any manner not expressly authorized by My Soma Care ™ or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits My Soma Care ™. All other marks used on the Site are the property of their respective owners.
If for any reason you are not satisfied with your experience on this Site, please contact us at [email protected].
Disclaimer – Beauty Products
The use and selection of skin care products, cosmetics, and fragrances and other health personal care and beauty products (“Beauty Products”) requires care to be certain that all directions and warnings are observed and followed and that the Customer is aware of the possibility that some people may have allergic or other reactions to any such Beauty Products. You should always check the ingredients for all Beauty Products before use to avoid potential allergic reactions. My Soma Care ™ and mysomacare.com does not give and does not intend to give any answers to any medical-related or health-related questions and this Site does not replace any health or medical advice. My Soma Care ™ and mysomacare.com is not a healthcare professional. No My Soma Care ™ product is intended to treat any medical condition. IF YOU ARE IN NEED OF ANY MEDICAL ATTENTION, CALL 911 IMMEDIATELY.
General Disclaimer – All Products
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED OR OFFERED IN THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, My Soma Care ™ AND mysomacare.com DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, My Soma Care ™ AND mysomacare.com DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE ANY RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE AS ARE SHIPPING CHARGES/COSTS AND DELIVERY TIMES.
Limitations on Liability
IN NO EVENT SHALL My Soma Care ™ AND/OR mysomacare.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT CUSTOMER PAID TO My Soma Care ™ FOR THE PRODUCT(S) AT ISSUE, EVEN IF My Soma Care ™ AND mysomacare.com HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST My Soma Care ™ AND/OR mysomacare.com WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS THROUGH THIS SITE UNLESS SUCH ACTION OR PROCEEDING IS BROUGHT WITHIN ONE YEAR OF SUCH USE OR PURCHASE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ALL PROVISIONS WITHIN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT OF ALL RELEVANT LAWS.
Order Acceptance/Shipping Terms/Refunds
Acceptance of all orders by My Soma Care ™ and mysomacare.com occurs only upon shipment from My Soma Care ™’s distribution center. The receipt of an email confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock. My Soma Care ™ and mysomacare.com reserve the right, without prior notification, to limit the order quantity on any item, to decline any order and/or to refuse service to any Customer. Verification of order and customer information may be required prior to the acceptance of any order. At all times, My Soma Care ™ and mysomacare.com are not obligated to fulfill any order and may notify the Customer of a back-order and the estimated time for shipment (in which case the order shall be deemed to remain open unless Customer cancels prior to the actual shipment date). Charges to Customer’s credit card shall only be processed when any shipment has been made. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order.
Governing Law/Delaware Jurisdiction/Jury Trial Waiver
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, IN THE U.S.A. ALL CUSTOMERS AND ALL SITE USERS ACCEPT THIS AGREEMENT AND CONSENT AND AGREE TO EXCLUSIVE JURISDICTION IN THE STATE OF DELAWARE, U.S.A., PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. My Soma Care ™, mysomacare.com, ALL USERS AND ALL CUSTOMERS WAIVE ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN ANY OF THEM TO THE FULLEST EXTENT PERMITTED BY DELEWARE LAW.
If any provision of this Agreement is found to be void or unenforceable, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.
The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party. To be enforceable, all waivers must be reflected in a writing signed by all parties.
This Agreement shall, as the same may be amended from time to time, constitute the complete and entire agreement between My Soma Care ™
mysomacare.com, all site users and all Customer with respect to the subject matters hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by My Soma Care ™
and mysomacare.com without any need of further notice and shall not be part of this Agreement or in any way binding upon My Soma Care ™
Use of this Site represents an acceptance by Customers of the terms of this Agreement as well as all other policies, guidelines, and rules. Use of this Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and all the policies published by My Soma Care ™ and mysomacare.com on this Site, which shall be the entire agreement of all parties, all customers and all users. Amendments or other modifications to this Agreement may, from time to time, be made by My Soma Care ™ and mysomacare.com sending an email to the Customer at Customer’s last known email address or by posting the same on this Site.
Our Address and Contact Information Relating to the Terms of this Agreement
If you have any questions regarding the terms of this Agreement, you should contact My Soma Care ™ as follows: