A NEW VERSION OF THE USER AGREEMENT WILL BE EFFECTIVE ON July 1st, 2017. THE UPDATED USER AGREEMENT IS AVAILABLE HERE.----
Welcome to Soma which is owned and operated by FC Brands LLC.
Please read these terms and conditions of service (these “Terms”) carefully.
These Terms apply to your access to and use of drinksoma.com (the “Site”) and Soma’s products (including, all hydration vessels and filter hardware (not including the replaceable filter element)) and services (collectively, the “Services”).
By accessing or using the Site or purchasing any Services, you are entering into a binding agreement with Soma and agree to be bound by these Terms. Notwithstanding any terms to the contrary in these Terms, in the event of a conflict between these Terms and the terms and conditions of any limited warranty provided by Soma, the terms and conditions of any limited warranty provided by Soma will govern.
REGISTRATION DATA; ACCOUNT SECURITY
In consideration of your use of the Services, you agree to: (a) provide accurate, current and complete information about you as may be prompted by the Site (“Registration Data”); and (c) accept all risks of unauthorized access to the Registration Data and any other information you provide to Soma. The Services are not intended for users who are under the age of 18.
OUR COMMITMENT TO YOU
We stand behind our products and services. Please read our warranty for further details.
Soma offers various ways for you to receive replacement filters automatically (the “Filters by Mail Program”). These include bi-monthly subscriptions (each, a “Pay as You Go Subscription”), prepaid annual subscriptions (each, a “Prepay and Save Annual Subscription”), special promotions as offered from time-to-time (each, a “Special Promotion”), and prepaid gift subscriptions of twelve months (each, a “Gift Subscription”). IF YOU ORDER a Pay as You Go Subscription or Prepay and Save Annual Subscription, YOUR PARTICIPATION IN THE FILTERS BY MAIL PROGRAM WILL REMAIN IN EFFECT UNTIL IT IS CANCELLED.
Pay as You Go Subscription
The Subscription Period for the bi-monthly Pay as You Go Subscription is two months. Under this subscription, you will be charged every two months (in arrears) for replacement filters.
This subscription will be automatically renewed for successive two-month periods and your payment method will automatically be charged for each successive two-month period at the then-current subscription rate until you cancel such subscription. If you move up a filter shipment date to an earlier day, we will charge you on that day instead, and this will reset the shipment date for the next filter. Going forward, we will send you a replacement filter every two months. We will charge you every two months until you cancel your subscription.
Prepay and Save Annual Subscription
The Subscription Period for the one-year Prepay and Save Annual Subscription is one year. Under this subscription, we will charge you in advance for a one-year supply of replacement filters (six filters total). This subscription does not renew. At the end of the year, your subscription will convert to a Pay as You Go Subscription. Instead, you may buy another Prepay and Save Annual Subscription. To do so, please log into your account and sign up for a new subscription plan.
The Subscription Period for the two year Prepay and Save Annual Subscription is two years. Under this subscription, we will charge you in advance for a two year supply of replacement filters (12 filters total). This subscription does not renew. At the end of the two years, your subscription will convert to a Pay as You Go Subscription. Instead, you may buy another Prepay and Save Annual Subscription. To do so, please log into your account and sign up for a new subscription plan.
A Gift Subscription will not automatically renew after the then-current term expires. For Soma to continue sending replacement filters to the Gift Subscription recipient, please place an order for a new Gift Subscription. Gift Subscriptions cannot be cancelled and the prepaid fee for a Gift Subscription is non-refundable.
Current pricing (including any applicable shipping and handling fees) subscription details, and cancelations for any Special Promotion can be found on the Site at the point of sale of the promotion. Soma does not guarantee that any Special Promotion will be available at any given time, or that any pricing for the Special Promotion will continue to be available. The price you will be charged for any product or subscription will be the price posted on the Site on the date you order such product or subscription.
Soma reserves the right to change prices for products and Special Promotions at any time, and does not provide protection or refunds for Special Promotions.
TERMS OF SALE
You will be charged a one-time fee for the vessel and filter hardware. Thereafter, you will be charged for replaceable filters. All orders will be subject to applicable shipping and handling fees (as indicated at the time you place your order).
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use such payment method and that you authorize us (or our third-party payment processor) to charge such payment method for the total amount of your purchase (including any applicable shipping and handling fees and taxes). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your order may be suspended or cancelled if you do not resolve the issue promptly. In the event that you want to change or update the payment method (or related information) associated with your Soma account, you can do so at any time by logging into your account and editing your payment method (or related information). You acknowledge that the amount billed may vary due to promotional offers, changes to your order or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount. Soma, at its sole discretion, may modify its pricing during any Subscription Period (as defined below) and such pricing changes will be effective as of the directly subsequent Subscription Period. For the purposes of these Terms, “Subscription Period” means the period of time within which you will receive replacement filters by mail, as specified for each type of subscription below.
If you are purchasing an ongoing subscription to the Filters by Mail Program, you will be billed the amount indicated at the time you purchased your initial subscription, at the times set forth in your subscription. Recurring charges for your subscription will be billed to the payment method you provided to Soma at the times set forth in your subscription until you cancel your subscription by logging into your account and following the cancellation procedures there, or sending Soma a message at firstname.lastname@example.org. Visit www.drinksoma.com for more information about Soma’s subscription terms.
To cancel your Pay as You Go Subscription or Prepay and Save Annual Subscription at any time, you may (i) log onto your account and follow the cancellation procedures there, or (ii) send us a message at email@example.com and we’ll do it for you. For the Prepay and Save Annual Subscription, please note that Soma will only refund the portion of your subscription payment that corresponds to unshipped filters as of the date of cancellation.
If you do not wish for your Prepay and Save Annual Subscription to automatically convert to a Pay as You Go Subscription at the end of the Subscription Period, visit your account and follow the cancellation instructions or email firstname.lastname@example.org. Soma must receive your request to cancel the renewal of your subscription before the shipment of the filter.
Because of the special pricing associated with Special Promotions, no refunds are available for Special Promotions.
Soma Glass Water Bottle
We want you to feel good about your water and, of course, enjoy your Soma glass water bottle. If you are not pleased with your bottle, you may return it to us for a new bottle, credit or refund.
To return a Soma glass water bottle, please send us a note with your order number and the reason for your return at email@example.com, and we will issue a Return Authorization Number (RMA) together with return instructions.
Returns for Soma glass water bottles will be accepted provided we receive your bottle (together with the associated RMA) within 30 days of your receipt of the bottle, and the bottle is unused, undamaged, and all original packaging tags remain attached to the bottle.
U.S. Customers: U.S. customers receive complimentary return shipping for qualifying items.
International Customers: International returns are the responsibility of the customer, and import duties and/or customs paid will not be refunded. Bottles Purchased From Retail Stores: If you bought your Soma glass water bottle at a retail store and would like to return or exchange it, you will need to contact the store directly.
If you have any questions about returns, please contact us at firstname.lastname@example.org.
Soma reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of Soma) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an e-mail, by posting a notice on the Site, by posting the revised Terms on the Site and revising the date at the top of these Terms or by such other form of notice as determined by Soma. Any changes or modification will be effective 30 days after providing notice that these Terms have been modified (the “Notice Period”). Your continued use of the Services following the Notice Period will constitute your acceptance of such changes or modifications. Therefore, you should review these Terms whenever you access the Services and at least every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Services.
In the event you elect, in connection with your use of the Services, to communicate to Soma suggestions for improvements to the Services (“Feedback”), Soma will be entitled to use (or not to use) the Feedback without restriction, even if you have designated the Feedback as confidential. You acknowledge that Soma may have ideas or materials similar to the Feedback already under consideration or development and that you are not entitled to compensation or reimbursement from Soma of any kind in connection with the Feedback.
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE THEY REQUIRE YOU AND SOMA TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF.
You and Soma will arbitrate any dispute, claim, or controversy arising from or related to these Terms or the Service, except that neither you nor Soma is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU AND Soma FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Soma will notify each other of any dispute within 30 days of when it arises and attempt informal resolution before any demand for arbitration. Arbitration will be conducted confidentially in San Francisco, California, by a single arbitrator in accordance with the rules of JAMS (or its successor). Except as expressly provided in these Terms, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will bind the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, Whether the dispute is heard in arbitration or in court, NO ARBITRATION OR CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APPLICATION, AND NEITHER you NOR Soma will commence against the other a class action, class ARBITRATION, or other representative action or proceeding.
You can choose to reject this agreement to arbitrate (“opt out”) by sending Soma a written opt-out notice (the “ Opt-Out Notice ”) to email@example.com within 30 days after the date you accept these Terms for the first time. The Opt-Out Notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of this agreement to arbitrate. If you opt-out of this agreement to arbitrate, all other parts of these Terms will continue to apply.
Unless otherwise indicated on the Site, the Site and all content and other materials contained therein are the proprietary property of Soma or its licensors or users and are protected by U.S. and international intellectual property laws, including, without limitation, Soma logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Soma Materials”).
You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use Soma Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Site.
Except as otherwise expressly permitted in these Terms, you may not: (a) resell or use Soma Materials for any commercial purpose; (b) distribute, publicly perform or publicly display any Soma Materials; (c) modify or otherwise make any derivative uses of Soma Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of Soma Materials or any information contained therein; (f) decompile, disassemble, decode or reverse engineer Soma Materials, translate Soma Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying Soma Materials or reduce Soma Materials by any other means to a human perceivable form; (g) obscure, alter or remove any notice of any copyright, trademark, trade name, service mark, logo or other intellectual property or proprietary right designation appearing on or contained within Soma Materials; or (h) use Soma Materials other than for their intended purpose. Any use of Soma Materials other than as specifically authorized herein, without the prior written permission of Soma, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes.
You acknowledge that all right, title and interest in and to Soma Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with Soma or its third party licensors.
Soma’s name, Soma logos and any other Soma product or service name or slogan included in the Services are trademarks of Soma and may not be copied, imitated or used, in whole or in part, without the prior written permission of Soma or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Soma” or any other name, trademark or product or service name of Soma without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Soma and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any other products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
HYPERLINKS AND THIRD PARTY MATERIALS
You may create a hyperlink to the Services for noncommercial purposes, but you may not use, frame or utilize framing techniques to enclose any Soma Materials (including any Soma trademark, logo or other proprietary information) without Soma’s express written consent.
Soma may make third party content or services available on or through the Services (collectively the “Third Party Materials”) solely as a convenience to its users (e.g., links to third party websites, advertisements and promotions from third parties or the ability to use social media tools provided by third parties). YOUR USE OF ANY SUCH THIRD PARTY MATERIALS IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. Soma does not control, endorse or adopt any Third Party Materials and makes no representation or warranties of any kind regarding the Third Party Materials, including without limitation regarding the accuracy or completeness of such Third Party Materials. Your business dealings or correspondence with such third party, and any terms, conditions, warranties or representations applicable to the Third Party Materials, are solely between you and such third party. When you leave our Services, you should be aware that these Terms and all other Soma policies no longer govern your use of such websites and services or any content contained thereon. You acknowledge and agree that Soma is not responsible or liable in any manner for any Third Party Materials and undertakes no responsibility to update or review any Third Party Materials.
LIMITATION OF LIABILITY
THE SITE, THIRD PARTY MATERIALS AND SOMA MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. IN NO EVENT WILL SOMA BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, THIRD PARTY MATERIALS AND/OR SOMA MATERIALS. VENUE; GOVERNING LAW
The state and federal courts located in San Francisco County, California, will have exclusive jurisdiction over any suit in connection with the Service or these Terms that is not subject to arbitration, and you and Soma hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. These Terms and your access to or use of the Service will be governed by, construed in accordance with, and enforced under the laws of the State of California, without resort to its conflict of law provisions.
Except as otherwise expressly elsewhere in these Terms, there will be no third party beneficiaries to these Terms. Enforcement of these Terms is solely at Soma’s discretion, and failure to enforce any part of these Terms in some instances does not constitute a waiver of Soma's right to enforce the same or other part of these Terms in other instances. As used in these Terms, “including” means “including (without limitation).” The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms. If any provision of these Terms is or becomes unlawful, void, or otherwise unenforceable (including the warranty disclaimers and liability limitations set forth above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect.
If you have any questions regarding the use of the Service, please email Soma at firstname.lastname@example.org.