Terms & Conditions

Introduction

Welcome to our website suokeni.shop, owned and operated by Suokeni (“Suokeni“, “we“, “us“, “our“). These Terms and Conditions (“Terms”) govern your access to and use of our website and online store services, including any content, functionality, products and services offered on or through our website (collectively the “Services“).

Please read these Terms carefully before using our Services. By accessing or using any part of the Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features, tools, products or services which are added shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update or change these Terms by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

Section 1 of these Terms describes the rules regarding your use of our Services.

Section 2 explains your rights to use the content on our Services.

Section 3 discusses how we may make changes to these Terms.

Section 4 describes certain disclaimers and limitations of liability.

Section 5 discusses how disputes between you and Suokeni may be resolved.

Section 6 explains miscellaneous provisions including our relationship, changes to the Services, and contact details.

1. Use of Our Services

You must be at least 18 years old, or the legal age of majority where you live, to use our Services. Children under these ages may only use our Services with the consent and active supervision of a parent or legal guardian.

1.1. Your Account

When you create an account with us, you guarantee that you are 18 or over, or are at least the legal age of majority in your jurisdiction, province or country, you are fully able to enter into binding contracts, and that all registration information you submit is accurate and truthful. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

1.2. Content you Submit

We may provide you with interactive opportunities through features like reviews, Q&As, ratings and other forums. You agree that all submissions made by you are accurate, lawful and will not violate rights of third parties. You will only submit materials that are your own original work and hereby grant us an irrevocable, perpetual, worldwide license to publish such submissions on our website and social media.

1.3. Prohibited Uses

You agree not to:

• Use our Services for any illegal purpose or in violation of any local, state, national, or international law;
• Violate or encourage others to violate any right of third parties, including by infringing or misappropriating third party intellectual property rights;
• Post, upload, or distribute marketing or advertising links or content, or any User Content (defined below) that is unlawful, defamatory, libelous, inaccurate, or that you do not have permission to freely distribute;
• Interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services;
• Solicit or collect personal data from minors under 18 years of age;
• Circumvent or attempt to circumvent any filtering, security measures, rate limits, or other features designed to protect the Services, users, or third parties;
• Introduce any malware, viruses, Trojan horses, worms, logic bombs, time bombs, spiders, bots, sticky bots, or other harmful software onto the Services;
• Gain unauthorized access to the Services, to other users’ accounts, names, or personally identifiable information, or to other computers, websites, or applications connected or linked to the Services;
• Impersonate any other person or entity; falsely state or otherwise misrepresent your affiliation with a person, entity or group; or express or imply that we endorse you or your use of the Services, without our prior written consent;
• Violate, infringe or misappropriate any proprietary right of suokeni.shop including its intellectual property rights;
• Transmit or otherwise make available any unsolicited advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unsolicited or unwelcome solicitation through the Services;
• Make improper use of our support services or Submit false reports of abuse or misconduct.

1.4. Services Availability

We may change, suspend or discontinue any aspect of the Services at any time. We may also impose limits on certain features or restrict your access to parts of or the entire Services without notice or liability. We may terminate the Services or your access to the Services for any reason, in our sole discretion, without notice or liability.

1.5. Registration; Username and Password

You may need to create an account to fully use the Services. You agree to provide and maintain accurate, complete, and up-to-date information for your account. Failure to provide accurate account information constitutes a breach of these Terms. You will choose a username and password when registering and you are responsible for keeping such information confidential and secure. You agree that you are responsible for all use and activity on your account. If you are using a public or shared device, you agree to log out of your account before accessing any other website or service on the same device to protect access to your account.

1.6. Your Personal Information

Please refer to our Privacy Policy to learn how we collect, use, and disclose your personal information. You understand that through your access to and use of the Services you consent to the collection, use and disclosure of your personal information as set forth in our Privacy Policy.

1.7. Fees and Purchases

We may charge fees for certain Services we offer. You agree to pay all applicable fees associated with our Services in a timely manner with a valid payment method. Valid payment methods include credit/debit cards and other payment methods we may add in the future. All fees are NON-REFUNDABLE. Paid Services are subject to any additional terms that may be provided at the time of sale.

1.8. Indemnity

You agree to indemnify, defend and hold harmless Suokeni and our agents, partners, vendors, and affiliates from and against any third party claims, losses (including loss of profits, goodwill or revenue), liability, costs or expenses (including reasonable legal fees) that arise out of or relate to your access or use of the Services, any User Content you submit, post or transmit through the Services, your violation of these Terms, or your violation of any third party rights including any intellectual property rights. This indemnification obligation will survive the termination or expiration of these Terms.

1.9. Warranty Disclaimers

You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to or use the Services; how users use or access the Services; what content, items, and links users access through the Services; what effects or impacts the preceding may have on you; and that we may not actively monitor the Services for inappropriate materials or conduct.

The Services and all content and other information on or available through the Services are provided on an “as is” and “as available” basis. Suokeni expressly disclaims all warranties of any kind, expressed or implied, with respect to the Services and your access and use of the Services including warranties:

• Of merchantability, fitness for a particular purpose
• Against viruses, spyware, malware or any other malicious threats
• Of accuracy, reliability, timeliness or completeness of content
• For seamless, uninterrupted access and use

You understand and agree that temporary interruptions of the services available through this website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

1.10. Limitations of Liability

In no event shall Suokeni be liable for any direct, indirect, punitive, incidental, special consequential damages arising out of or in any way connected with the use of this website or any content, information, products, services obtained through this website, or otherwise arising out of the use of this website, whether based in contract, tort, strict liability or otherwise, even if Suokeni has been advised of the possibility of damages.

You specifically acknowledge that Suokeni shall not be liable for user submissons or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The foregoing limitations of liability shall apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Suokeni has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

1.11. General Disclaimer

The laws of some states/jurisdictions may not allow the exclusion of implied warranties. Therefore, some or all of the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.

The previous disclaimers, exclusions, and limitations shall apply to the fullest extent permitted by law. This Agreement shall not be interpreted strictly for or against either party because that party or its representative drafted the provision in question or this Agreement as a whole.

2. Your Use of Our Content

2.1. Ownership

The Services contain material that is owned or licensed by Suokeni, including but not limited to text, design, graphics, logos, icons and images, and trademarks (“Our Content“). All Suokeni product names, logos, page headers, button icons, scripts, and service names are trademarks owned or licensed by Suokeni (collectively “Suokeni Trademarks“). Our Content and Suokeni Trademarks may not be copied, imitated, modified, reproduced, disassembled, or used in any way without our prior written consent. The look and feel of the Services is copyright © Suokeni. All rights reserved.

2.2. License to Use Our Content

We grant you a limited, revocable, non-transferable, non-sublicensable license to access and use Our Content solely in connection with your permitted use of the Services and in accordance with these Terms. You acknowledge and agree not to copy, modify, create derivative works of, publicly display or perform, republish, download, store or transmit any of Our Content, except as permitted under these Terms. This license does not include any resale or commercial use of Our Content or any derivative use of Our Content; any collection and use of any product listings, descriptions, prices; any derivative use of Our Content, products or Services; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Suokeni without our express written consent.

2.3. Trademark Use

Any use of Suokeni Trademarks must comply with all Suokeni brand guidelines and policies posted on the Services. You may not copy, imitate or use them, in whole or in part, without our prior written permission. Nothing in these Terms grants you any right to use any Suokeni Trademarks, whether for commercial or non-commercial use. All rights not expressly granted are reserved.

2.4. Feedback

You grant Suokeni the unrestricted right to use and incorporate any feedback, suggestions, improvements, recommendations, corrections or other input you provide relating to the Services.

3. Changes to these Terms

We reserve the right, at our sole discretion, to change these Terms (“Updated Terms“) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Services, and that your use of the Services after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time posted. It is important that you review the Terms regularly to ensure you are aware of any changes. The Updated Terms will apply prospectively to use of the Services after they become effective. If you do not agree with the Updated Terms, you must stop using the Services.

4. Disclaimers and Limitations of Liability

4.1. No Health or Medical Advice

The content and information on the Services, including text, graphics, images, and third party Material (defined below) are for informational purposes only and are not substitutes for professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician and other qualified health providers with any questions or concerns you may have about a medical condition. Never delay seeking professional medical advice or disregard medical professional advice because of information you accessed on or through the Services. Reliance on any information provided on the Services is solely at your own risk.

4.2. No Attorney-Client Relationship

The Services provide general information about legal issues and developments in the law, but does not constitute legal advice or a legal opinion of Suokeni or its content providers. We do not guarantee the accuracy or completeness of any information provided on or through the Services. Reliance on any legal information provided by the Services is solely at your own risk. You acknowledge that no attorney-client relationship is created by your use of the Services.

4.3. Third Party Content, Advertisements and Promotions

The Services may contain links to third party websites, services and resources, advertisements, and promotions of third parties (collectively “Third Party Content“). We provide access to Third Party Content as a convenience but do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Content. Your interaction with Third Party Content is solely between you and the third parties. You acknowledge and agree that we are not responsible for any losses or damages which may be incurred as a result of your use of any Third Party Content.

4.4. User Submissions

The Services may allow you and other users to post, link or otherwise make available content, including photos, text, messages, comments, ratings, reviews, Q&As, and other content (“User Content”), which may be viewed by the public. You are solely responsible for your User Content. We do not control, verify, endorse, or take responsibility for any User Content and do not represent that User Content is accurate, reliable, complete, legal, safe, or appropriate for any particular purpose.

You agree that we are merely acting passively as an intermediary for your online distribution and publication of User Content. You shall indemnify us and our affiliates, directors, officers and employees from any liability in connection with the User Content that you post, including any liability relating to any defamatory, offensive or illegal conduct by other users. We reserve the right to remove User Content at any time, without notice and for any reason.

4.5. Unauthorized Activities

The Services contain content that is protected by copyright, patent, trademark, trade secret and other laws. You must not use our products and Services in any manner that constitutes an infringement of third party rights or that has not been authorized by us. Content from the Services may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of information on the Services on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights. The use of any portion of the content on the Services on any other website or networked computer environment or for any purpose other than personal is prohibited. Systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is prohibited. The presentation of material on the Services does not constitute a waiver of any proprietary rights we may have in such material. Permission is granted to display, copy, distribute and download Suokeni content on this site provided that:
(1) both the copyright notice identified below and this permission notice appear in the content;
(2) the use of such content is solely for personal, noncommercial and informational use and will not be copied or posted on any networked computer or broadcast in any media; and
(3) no modifications are made to the content.

Use, reproduction, copying, or redistribution for commercial purposes is prohibited.

4.6. Inputting Personal/Credit Card Information

We strive to provide a secure website for our users. However, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we try to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your personal information.

4.7. No Endorsement

The Services may contain links to advertisements, sponsorships and promotional information from third parties that are not owned or controlled by Suokeni (“Third Party Advertisements“). We do not endorse or assume any responsibility for Third Party Advertisements. If you choose to interact with Third Party Advertisements you do so at your own risk and are solely responsible for the results or consequences of such behavior.

5. Resolving Disputes

5.1. Arbitration Agreement.

Except if you opt-out (as described below), you agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the access to and use of the Services (collectively, “Disputes“) will be settled by binding individual arbitration. You acknowledge that this Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. This arbitration agreement shall survive the termination of these Terms.

5.2. Arbitration Procedures.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitration will be heard by one arbitrator and conducted in accordance with the Commercial Arbitration Rules of the AAA (“AAA Rules“, available at the AAA website www.adr.org or by calling 1-800-778-7879), as modified by these Terms. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law.

5.3. Arbitration Hearing/Location.

The arbitration shall be conducted exclusively in the English language via telephone conference.

5.4. Arbitration Costs.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this arbitration agreement. If the value of the relief sought is $10,000 or less, you may elect for us to reimburse you for filing fees by submitting a request to general inquiries at [email protected] within 30 days of the arbitration decision. In cases of extreme hardship, Suokeni will consider reimbursing filing fees for disputes valued at more than $10,000. If the arbitrator finds the arbitration frivolous or brought for an improper purpose, the party causing this may be required to reimburse the other party’s reasonable fees and costs.

5.5. Final Judgment.

The arbitrator’s award of damages must be consistent with the terms of Limitation of Liability section above as to the types and amounts of damages for which a party may be held liable. The arbitrator’s decision shall be final and binding on all parties and there shall be no appeal therefrom, except for appeals based on fraud or gross misconduct by the arbitrator. The arbitrator’s award may be entered in any court having jurisdiction over the award or the relevant party or its assets.

5.6. No Class Action Matters.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, NO DISPUTE REGARDING ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING MAY BE HEARD OR ARBITRATED ON A CLASS BASIS, AND NO ARBITRATOR HAS AUTHORITY TO MAKE SUCH A DECISION. This prohibition applies even if a class action lawsuit has been filed. Further, arbitration of any Dispute under these Terms may not be consolidated with arbitration of disputes brought by or against any other party, including users of the Service, whether through class action or otherwise. If this class action waiver is deemed unenforceable by any court or tribunal, then such action or proceeding shall proceed only in a federal or state court located in San Francisco County, California, with all other provisions remaining in effect.

5.7. Opt-Out Procedure.

You can choose to opt-out of the arbitration agreement but only by notifying us in writing within 30 days of the first acceptance of these Terms that you do not want the arbitration agreement to apply to you. You must send this written notice by electronic mail to general inquiries at [email protected] with the subject line: “ARBITRATION OPT-OUT.” You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of the arbitration agreement.

5.8. Severance of Provisions.

If any part or parts of this arbitration agreement are declared unenforceable by a court or arbitrator of competent jurisdiction, then such part or parts shall be severed and the remainder of this arbitration agreement shall remain in effect.

6. Miscellaneous Provisions

6.1. Relationship of the Parties.

Notwithstanding any provision hereof, for all purposes of these Terms, you and Suokeni shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You do not have any authority to assume or create any obligation for or on behalf of Suokeni.

6.2. Entire Agreement.

These Terms are intended by the parties as a complete and exclusive statement of the agreement and understanding between the parties with respect to use and access of the Services. They supersede all prior agreements and undertakings, whether oral or written. All rights and remedies provided under these Terms are cumulative and not exclusive, and the exercise by either party of any right or remedy will not preclude the exercise of any other rights or remedies available under these Terms, law or equity. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No modification or amendment of any provision of these Terms shall be effective unless in writing by both parties. These Terms shall be binding upon each party’s permitted successors and assigns.

6.3. Force Majeure.

We will not be liable for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications or other utility failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism or war, changes in technology or changes in laws and regulations.

6.4. Governing Law.

The validity, interpretation and construction of these Terms, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the state of California, County of San Francisco, without giving effect to principles of conflicts of law. For purposes of litigating any dispute that arises directly or indirectly from the relationship of the parties evidenced by these Terms, the parties hereby submit to and consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California and waive any defense of lack of personal jurisdiction or inconvenient forum.

6.5. Equitable Relief.

You acknowledge that a breach of any proprietary rights provision of these Terms may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, we may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.

6.6. Severability and Waiver.

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

6.7. No Assignment.

You may not assign, delegate or otherwise transfer our rights or obligations under these Terms without our prior written consent. We may freely assign, delegate or otherwise transfer these Terms without notice or consent. Any attempted assignment, delegation or transfer in violation of the foregoing shall be null and void. These Terms will inure to the benefit of our successors and assigns.

6.8. Notifications to You.

You consent to receive notifications from us via email, phone, messaging applications and other reasonable means.

6.9. Third Party Beneficiaries.

These Terms do not confer any rights or benefits to any third party except as expressly provided herein.

6.10. Survival.

The provisions of these Terms which by their nature should survive the termination of Services and your use of the Services including, without limitation, Proprietary Rights, Warranty Disclaimers, Indemnity, Limitation of Liability and General Terms, shall survive such termination or discontinuance of use.

6.11. No Construction Against the Drafter.

In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.12. Headings.

The section headings are included merely for convenience of reference and shall not affect the meaning or interpretation of any of the provisions of these Terms.

7. Contact Us

Don’t hesitate to contact us if you have any questions:

• Via Email: [email protected]
• Via Phone Number: +1 (415) 569-7558
• Via Mail: 101 Mission St, San Francisco, CA 94105, United States