Terms and Conditions

TERMS AND CONDITIONS

Privacy Policy

Last Updated: August 18, 2016

This Privacy Policy (“Privacy Policy”) is designed to help you understand how SoVia Home DBA and its affiliated brands, including Creative Designs By Cassandra, Inc., and SoVia Home Supply ( “SoVia Home”, “we” or “us” ) collects and processes the information that you share when you use this and any of our websites (together, the “Site”) and our mobile application (the “App,” and together with the Site, the “Service”).

Before submitting information to the Service, please review this Privacy Policy carefully. By using or accessing the Service, you accept the practices described in this Privacy Policy. If you prefer that we not collect and process information about you, please do not provide it to us and do not access the Service.

We do not knowingly collect any Personal Information from children under 13 without prior verifiable parental consent. If SoVia Home learns that a child under the age of 13 has submitted Personal Information (defined below) online without parental consent, we will take all reasonable measures to delete the information as soon as possible and to not use such information for any purpose, except where necessary to protect the safety of the child or others as required or allowed by law. If you believe a child under 13 has provided us with Personal Information, please contact us here.

Information We Collect

We collect the following information, including:

  • Personal Information You Share With Us: “Personal Information” is information that can personally identify you, such as your name, email address and telephone number. We maintain one or more databases to store your Personal Information and may retain it as reasonably required to serve you and operate the Service. Personal Information that we collect depends on how you use the Service. Providing your Personal Information to us is your choice. If you choose not to provide us with certain Personal Information, you may not be able to take advantage of certain features of the Service.
  • Information We Collect Automatically: When you visit the Service, we may automatically collect identifier and other technical information, such as your browser information, operating system information, device information, TCP-IP address and the date, time, length of stay and specific pages accessed during your visits to the Service (“Online Information”).

Registering for the Service

If you register to use the Service, we may collect Personal Information including your name, email address, and telephone number.

You may also register for the Service using another service, such as Facebook. If you create your SoVia Home account by connecting through another service, you are authorizing us to use public information from that connected account to help complete your SoVia Home profile. Please remember that the manner in which the service uses, stores, and discloses your information is governed solely by the policies of such service. We recommend that you review the terms and policies of that service, including its privacy and data gathering practices. SoVia Home shall have no liability or responsibility for the privacy practices or other actions of any third party service provider or any other third-party site or service that may be enabled within the Service.

You may review, update, or modify your account information, including profile and contact information, at any time by logging into your SoVia Home account. You may also permanently delete your account by contacting us here.

Online Identification Tools

Like many website providers, we use your IP address to help diagnose problems with our server and provide a better web experience. Your IP address is used to help identify you and your shopping cart and gather Online Information.

We use web beacons (a.k.a. clear GIFs, web bugs or pixel tags) to personalize your experience of the Service and to generate information about Service traffic and trends. Web beacons collect Online Information, such as the type of browser that you use and your IP address. Web beacons may be used alone or in conjunction with cookies; when web beacons are used with cookies, they may link Online Information to other Personal Information that you have provided to us. Web beacons usually are not visible to you.

We also use cookies to keep track of your shopping cart and for other purposes like personalizing the Service. A cookie is a small file stored by your internet browser on your computer. A “session cookie” stores temporary information that is erased when you close your web browser or turn off your computer. A “persistent cookie” enables the Service to recognize you when you return to it and remains stored on your computer until you delete it. Your web browser is usually set up to initially accept cookies. If you set your browser to reject cookies, the Service will not be able to recognize your account or to personalize the content that you see. A “flash cookie,” also known as a “local storage object,” is not stored in your browser, unlike other cookies, and instead placed on your computer by websites that use Adobe Flash. You may disable flash cookies via your Flash Player preferences or by using third-party software. We do not and cannot use cookies to gather other information that may be stored on your hard drive.

Third-party advertising management partners may help us display tailored content to our customers’ interests and serve interest-based advertising on our behalf. SoVia Home and our advertising management partners may use cookies, web beacons and other tools to collect Online Information about your activities on the Service, to deliver advertising on the Service or elsewhere on the Internet based upon your interests that may be more relevant to you and to measure effectiveness of our marketing efforts and the Service. In particular, SoVia Home may use Google Analytics to monitor activity on the Site and assist with advertising. To learn how Google Analytics collects and processes data, please visit: “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners.

You may “opt out” of receiving some interest-based advertisements by following the instructions atwww.aboutads.info/choices or www.networkadvertising.org/choices/. (An “opt-out cookie” will be placed on your computer indicating that you do not want to receive interest-based advertisements. If you delete cookies on your computer, you will need to opt-out again.)

To learn more about cookies in general, including how to manage and delete cookies, visit www.aboutads.info.

Opting out of receiving interest-based advertisements through the links above does not mean you will no longer see digital advertisements from SoVia Home or our ad management partners; rather, opting out means that most of the digital advertisements that you do see will not be based on your particular interests. In addition, certain data collection tools on the Service (including cookies) still may collect information about your use of the Service, such as for analytics and fraud prevention.

How We Respond to Do Not Track Signals

Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many digital service operators, including SoVia Home, do not recognize or respond to DNT signals.

Third Party Features

The Service also may include an activity feed, social media buttons and widgets, such as the Facebook “Like” button or the “Share This” button. These features may collect and display your Personal Information, your IP address and the page you are visiting on the Service and may set a cookie to enable the feature to function properly. These features are either hosted by a third party or hosted directly on the Service and your interactions with them are governed by the privacy policy of the third party that provides the feature.

Use of Service via Mobile Device

If you use the Service through your mobile device, we may collect your geo-location information to assist us in fulfilling your order. We will not share this information with third parties and will only use this information for the sole purpose of fulfilling your order. You may at any time prevent the Service from using your location by turning this option off at the device level.

When you use the Service through your mobile device, we also collect device type and UUID, a unique identifier generated within the App, and store this information in log files. We use this information to provide you with the most up to date application and features, or to advertise or promote products or services to you that are applicable to your device type.

Third-Party Links

We may provide links to third-party websites that we do not own or control. We are not responsible for the information collection practices of any website that we do not own or control. We encourage you to review and understand the privacy practices of third-party websites before providing any information to or through them.

How Your Personal Information is Used, Processed and Disclosed

Except as specified in this Privacy Policy, SoVia Home does not rent, sell, trade or disclose your Personal Information to third parties without your prior consent. SoVia Home may, however, use, process and disclose Personal Information to:

  • send information to customers about orders;
  • fulfill your orders;
  • process and collect your payments;
  • administer “SoVia Home Rewards” and other customer loyalty programs;
  • send you promotional marketing material about SoVia Home’s company and partners;
  • produce content for our activity feed feature;
  • customize, analyze, adjust and improve the Service to better meet your needs;
  • execute a sweepstakes, contest or other promotion;
  • enforce SoVia Home’s agreements with you;
  • provide you with important administrative information regarding the Service, such as changes to this Privacy Policy and our Terms of Use, rewards and loyalty programs and other policies;
  • prevent fraud and other prohibited or illegal activities; and
  • comply with potential requests of law enforcement or data protection agencies.

When possible, Online Information may be combined and/or linked to other Personal Information that you provided to us, in accordance with the purposes specified above.

We may use your deidentified Personal Information and Online Information to prepare anonymized, aggregated data about our users (“Anonymized Data”). We may provide third parties with Anonymized Data in describing the Service to prospective partners, advertisers and other third parties, and for all other lawful purposes. As communicated to third parties, the Anonymized Data does not include any information permitting the recipient to identify, locate or contact you.

Third Party Service Providers

SoVia Home employs other companies and individuals to perform functions on our behalf, such as fulfilling orders, delivering packages, sending postal mail and e-mail, serving ads on our behalf, providing search results and links, and processing credit card payments. These third-party service providers have access to Personal Information needed to perform their functions but may not use it for any other purpose.

Acquisition of SoVia Home

In the event that a store, division or part or all of SoVia Home (or the assets of a SoVia Home entity) is bought, sold or otherwise transferred, or is in the process of a potential transaction, customer information will likely be shared for evaluation purposes and included among the transferred business assets.

Information Sharing for Marketing Purposes

To provide you with information about products and services that may be useful to you, we may partner with select reputable organizations whose privacy policies we believe are consistent with ours. Such organizations may include other retailers and magazine publishers. Through these arrangements, we may share, exchange, cross-reference and/or rent your name and mailing address.

If you do not want us to share your Personal Information with third parties for marketing purposes, please contact us here. Immediately after your request has been processed, your information will no longer be shared with any third party for marketing purposes.

Blogs, Reviews and Forums

The Service also may from time to time offer publicly-accessible blogs, customer reviews or forums. Any information you provide in these areas may be read, collected and used by others who access them. To request removal of your Personal Information from blogs, customer reviews or forums, please contact us here. Please note that in some cases we may be unable to remove your Personal Information.

Inviting Others

You may choose to invite someone else to use the Service by providing his or her name and email address. We may use this information to send invitations to such individuals, to track the results of such invitation referrals, and to confirm qualifying orders attributable to your registered account. Anyone who receives an email invitation to use the Service may opt out of receiving such emails in the future by following the opt-out instructions in the email. We take commercially reasonable steps to implement all opt-out requests promptly, but those who opt out may still receive communications from us as we process the opt-out request, or as required for order processing and other purposes.

Retention of Personal Information

SoVia Home retains Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by applicable law.

Accessing and Updating Your Personal Information and Preferences

Modifying or Deleting Your Personal Information

If you would like to modify or delete your Personal Information, please contact us here with clear instructions about what you would like to be modified or deleted. We will respond to your request promptly.

Changing Your Subscription Preferences

If you tell us that you do not want us to use your Personal Information to contact you, SoVia Home will respect your wishes. If you are a registered user, you may change your preferences to receive or not to receive email or other communications from us by logging in to your account and indicating those preferences on the “My Account” section of our Service.

You may also instruct SoVia Home to stop sending you emails, newsletters or other information by following the ‘unsubscribe’ instructions provided in the email. SoVia Home may, however, continue to use your Personal Information to contact you to service your account or as otherwise authorized by law. Please note that if you use more than one name or e-mail address when communicating with SoVia Home or using the Service, you may continue to receive communications from SoVia Home to any name and/or email address not specified in your opt-out request.

Information for Visitors From California and Outside of the United States

Your California Privacy Rights

This privacy policy describes how we may share your information, including for marketing purposes. California residents are entitled to request and obtain from SoVia Home once per calendar year information about any of your personal information shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. To request this information and for any other questions about our privacy practices and compliance with California law, please contact us here.

Right to Removal of Posted Information–California Minors

If you are under 18 years of age, reside in California, and have a registered account with SoVia Home, you have the right to request removal of unwanted information that you publicly post on the Service. To request removal of such information, you can contact SoVia Home as provided below. Upon receiving such a request, SoVia Home will make sure that the information is not publicly available on the Service, but the information may not be completely or comprehensively removed from our systems and databases.

Visitors from Outside of the United States

The Service is hosted in the United States. If you are visiting the Service from outside the United States, your information may be transferred to, stored and processed in the United States in accordance with this Privacy Policy and applicable US laws. Please note that data protection and other applicable laws of the United States may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. By using the Service, you consent to transfer of your information to our facilities as described in this Privacy Policy.

Information Security

We have instituted reasonable safeguards to help ensure that information collected is secure. We also take reasonable steps to ensure that third parties who work with us to make the Site (including the software, applications and services provided on the Site) available to you agree to protect personal information that they must access in order to serve you and to honor your preferences about contacts you receive.

When you send or otherwise transmit your sensitive information (such as your credit card number) to or though the Sites, your sensitive information is encrypted and protected with SSL, the current industry-standard encryption protocol. When you are on an SSL-protected page, a picture of a closed lock appears at the bottom or top of some web browsers. Another way to tell if you are on a secure page is to check the URL or address of the page. (Look in the address box or right-click on the page and select “Properties”.) These secure SSL-encrypted pages have URLs that start with “https://” instead of “http://”.

Please understand, however, that it is possible for third parties to access information despite our efforts. Without limiting the terms of our Terms of Use and this Privacy Policy, you understand that we do not guarantee that your use of the Site and/or information provided by you will be private or secure and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. You also understand that any information provided by you or collected by us or our agents in connection with your use of the Site will be used in the manner described in our Terms of Use. Please do not use the Site if you do not agree to the terms and conditions described in this Information Security section.

If you have any questions about security of the Site, please contact us here.

Changes to our Privacy Policy

We may occasionally update this Privacy Policy to reflect changes in our practices. When we post modifications to this Privacy Policy, we will revise the “Last Updated” date at the top of this web page. The modified Privacy Policy will be effective immediately upon posting on the Service. Your continued use of the Service after the posting of the modified Privacy Policy constitutes your agreement to abide and be bound by it. If we make any material change, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Service prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. If you object to any modification, your sole recourse is to stop using the Service.

Questions About our Privacy Policy

If you have questions about this Privacy Policy or SoVia Home generally, please contact us here. You can also send us physical mail to:

SoVia Home
Attention: Legal Department
100 East Fort Street, Farmington, IL 61531
Terms of Use
Last Updated: August 18, 2016

By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites.

Please note that these Terms of Use contain provisions that govern the resolution of claims between SoVia Home and you. Please see the Legal Disputes section for complete details.

Privacy & Security

Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

Information security is important to SoVia Home. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. SoVia Home does, however, reserve the right at all times to disclose any information as SoVia Home deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Changes

SoVia Home reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Sites. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms of Use.

We will notify you of any change to these Terms of Use by updating the “Last Updated” date at the top of this webpage.

Intellectual Property Rights

The Sites contain valuable trademarks and service marks owned and used by SoVia Home, including but not limited to, SoVia Home, the SoVia Home design logo, and the tag line “a zillion things home” (collectively, the “SoVia Home Marks”). Any use of the SoVia Home Marks without the prior written permission of SoVia Home is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the SoVia Home Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of SoVia Home.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.

SoVia Home uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.

For claims of copyright infringement, please see our Copyright Policy.

User-Generated Content

From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and others users (“User Content”).

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.

By submitting User Content, you represent and warrant to SoVia Home that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize SoVia Home to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate SoVia Home’s Acceptable Use Policy set forth below.

As between you and SoVia Home, you will retain all of your ownership rights in and to your User Content. By submitting User Content to SoVia Home, you hereby grant to SoVia Home a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that SoVia Home (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use.

SoVia Home does not endorse any User Content or any opinion, recommendation, or advice expressed therein. SoVia Home reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. SoVia Home has the right to refuse, remove or delete any User Content and/or to terminate any user’s access to the Sites if SoVia Home determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use. SoVia Home takes no responsibility for User Content.

#SoVia HomeAtHome Usage

BY USING #SOVIA HOMEATHOME, EACH USER AGREES TO PROVIDE SOVIA HOME WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.

Acceptable Use Policy

By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant SoVia Home all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including SoVia Home; (iv) impersonate any person or entity, including but not limited to, a representative of SoVia Home, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. SoVia Home reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. SoVia Home reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and SoVia Home reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Sites and the SoVia Home Rewards Program described below. SoVia Home reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at SoVia Home’s sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

About Our Prices

Where a product listing on our Site references a higher price, typically denoted by a strikethrough (e.g. “$549”), such higher price represents the retail price suggested by the manufacturer or supplier. In the absence of a price suggested by the manufacturer or supplier, this price represents the highest price at which we offered or sold the product at some point in the past. The “Sale” tag on a product listing on our Site signifies that we are selling the product at a discount from a price in the previous 90 days.

SoVia Home Rewards Program

The SoVia Home Rewards Program (the “Rewards Program”) is exclusively for users of the Sites who have registered for the Rewards Program in accordance with the directions set forth below and on the Sites. Rewards Dollars may be applied to future purchases at the Participating Sites in accordance with these Terms of Use. Please click here for complete Rewards Program details, as may be in effect from time to time and which are incorporated herein by reference.

Links to Other Websites

The Sites may contain links to third-party websites (“Other Sites”) that are not under SoVia Home’s control. SoVia Home makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Sites or link to the Sites. SoVia Home provides these links to you as a convenience and the inclusion of any link does not imply endorsement by SoVia Home of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.

Mobile Devices and Mobile Applications

If you use a mobile device to access pages of the Sites optimized for mobile-viewing, opt in to receive SMS (text messages) from SoVia Home (as/when available), or use a mobile application, the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use.

By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from SoVia Home. By agreeing to receive SMS messages from SoVia Home, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

Notice to California Residents

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.

Communications with SoVia Home

For all communications made to or with SoVia Home, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and SoVia Home will have no obligation to protect your communications from disclosure; (ii) SoVia Home will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) SoVia Home will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Legal Disputes

YOU AND SOVIA HOME AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and SoVia Home, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, ‘SoVia Home’) arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration administered by the American Arbitration Association (AAA). Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. SoVia Home will provide such notice by e-mail to your e-mail address on file with SoVia Home and you must provide such notice by e-mail to info@SoViaHome.com.

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. SoVia Home and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither SoVia Home nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the Commonwealth of Massachusetts.

Termination

Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Use. You agree that SoVia Home, in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if SoVia Home believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. SoVia Home also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that SoVia Home may bar any further access to the Sites. Further, you agree that SoVia Home will not be liable to you or any third-party for any termination of access to the Sites.

You may terminate your account by sending a letter stating your intention to SoVia Home LLC, 4 Copley Place, Floor 7, Boston, MA 02116 Att:Service or an email to service@SoVia Home.com, with the subject line “Termination Request”.

The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

Right to Access

YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SITES.

Outages

SoVia Home periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that SoVia Home has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

General Information

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms of Use set forth the entire Agreement between you and SoVia Home with respect to use of the Sites and supersede any prior agreements between you and SoVia Home relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with SoVia Home’s prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. SoVia Home’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of SoVia Home’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by SoVia Home with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

Violations

Please report any violations of these Terms of Use to the system administrator here.
Questions?
If you have questions, comments or complaints about these Terms or the Sites, please contact us here. (please reference “Questions about the Sites”).
SoVia Home’s Copyright Policy
Last Updated: July 20, 2015

Notification of Alleged Copyright Infringement

If you believe in good faith that material appearing on the Site infringes your copyright, you (or your agent) may send SoVia Home a written notification pursuant to the DMCA (a “DMCA Notice”). Your DMCA Notice should be sent to our Copyright Agent (identified below), contain all of the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and request that the material be removed or that access to it be blocked. Your DMCA Notice must contain:

1. Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Site are covered by a single notification, you may provide a representative list of such works on the Site; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them.

2. Identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material.
3. Your name, address, telephone number and email address (if available).

4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner’s behalf.

5. A statement that you have a good faith belief that use of the material on the Site as you have described in the DMCA Notice is not authorized by the copyright owner or its agent or the law.

6. A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must submit any notification of an alleged copyright infringement to SoVia Home’s Copyright Agent by mail or email as set forth below:

Upon receipt of a counter notice, SoVia Home’s Copyright Agent may send a copy of it to the original complaining party informing that party that SoVia Home may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against SoVia Home, the removed content may be replaced or access to it restored by SoVia Home.

You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys’ fees.