Terms and conditions

Effective Date: April 14, 2023

www.signoria.com

TERMS AND CONDITIONS OF USE   

General

These Terms and Conditions of Use (“Terms and Conditions”) govern your use of the websites, mobile applications, and other services operated by Signoria Di Firenze LLC and/or Wonder srl (collectively, “Signoria,” “we,” “us” or “our”) where these Terms and Conditions are posted (collectively, the “Sites”). Please carefully review these Terms and Conditions before using the Sites.  By placing an order, creating an account, or otherwise accessing or using the Sites, you expressly represent that you are 18 years of age or above the legal age of majority in your jurisdiction of residence (whichever is greater), that you are legally competent to enter this agreement, and that you agree to follow these Terms and Conditions and be bound by them.  If you do not agree to these Terms and Conditions, please do not use the Sites. 

Certain areas, features, or functionality of the Sites may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms and Conditions. In the event of such a conflict, the Additional Rules will control. Any reference to the “Terms and Conditions” in this agreement includes the Additional Rules. 

IMPORTANT ARBITRATION NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. PLEASE CAREFULLY REVIEW THE SECTION “DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE” BELOW. 

Acceptance and Modification of these Terms and Conditions

As stated above, by placing an order or otherwise using the Sites, you are expressing your agreement to these Terms and Conditions.  Any other terms and conditions presented to Signoria (on any purchase order or otherwise) will be without force and effect unless Signoria agrees to such other terms and conditions in writing. 

These Terms and Conditions may change at any time and Signoria reserves the right to modify or update them at any time without prior notice. When we do so, we will update the “Effective Date” above. Your use of the Sites following any such changes constitutes your agreement to be bound by the changes. 

Changes to the Sites

We may change, restrict access to, suspend, or discontinue the Sites, or any portion of the Sites, at any time and at our sole discretion. We shall have no liability to any party to the modification or termination of any aspects or the Sites or any related products or services. 

Account Creation and Passwords

To access certain portions of the Sites, you must create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all of the Sites. 

You are responsible for preserving the confidentiality of your account password and must notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.

Ownership of the Sites

The Sites and their content, features and functionality, including, without limitation, information, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof (collectively, the “Signoria Content”), are the exclusive property of Signoria, our licensors, or other content suppliers, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent. 

We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use the Sites for personal, non-commercial use, and subject to these Terms and Conditions. This license is available to you as long as you are not barred from the Sites by applicable law and your access is not terminated by us. If these Terms and Conditions are not enforceable where you are located, you may not use the Sites. Signoria reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

Under this license, you may download information from the Sites and print out a hard copy for your personal, non-commercial use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained thereon. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any Signoria Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Signoria or any applicable third-party suppliers. Any unauthorized use of the Signoria Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

Your Content

Some features on our Sites, either now or in the future, may allow you to post or submit communications and content on or through the Sites (“Your Content”). You will retain any intellectual property rights that you own in Your Content, but, in exchange for the right to use the Sites, you automatically grant, or warrant that you and/or the owner of such content has expressly granted, Signoria a royalty-free, perpetual, irrevocable, worldwide, unlimited, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display Your Content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.

We reserve the right—but shall have no obligation— to review Your Content and to remove it from, or refuse to publish it on, the Sites for any reason, including if such content violates these Terms and Conditions, as determined by us in our sole discretion. We shall have no liability to you or any other party with respect to any actions taken with respect to Your Content. At the same time, content posted to the Sites by other users is not necessarily reviewed, endorsed, or approved by Signoria and, as such, we shall have no liability to you related to your use of or reliance on content posted to the Sites by other users. Your interaction with any such content is done entirely at your own risk. 

Non-Confidentiality

Communications and content submitted on or through the Sites shall not be deemed confidential and Signoria shall not have any obligation to keep any such material confidential. Signoria shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information.

User Conduct

By using the Sites, you agree to not use the Sites in any manner that:

• Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
• Interferes with or disrupts the Sites, services connected to the Sites, or otherwise interferes with operations or services of the Sites in any way;
• Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
• Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Causes Signoria to lose (in whole or in part) the services of our Internet service providers or other suppliers;
• Links to materials or other content, directly or indirectly, to which you do not have a right to link;
• Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Signoria in our sole discretion;
• Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;
• Violates, or encourages anyone to violate these Terms and Conditions; or
• Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.

We shall have the right to immediately terminate these Terms and Conditions and prohibit further use of the Sites (either temporarily or permanently) with respect to any user whose conduct we, in our sole discretion, consider to be unacceptable, or in the event of any actual or suspected breach by you of these Terms and Conditions. 

The following provisions shall survive any termination of these Terms and Conditions: Acceptance and Modification, Changes to the Sites, Ownership of the Sites, Your Content, Disclaimer of Warranties, Limitation of Liability, Indemnification, Links to Third-Party Sites, Dispute Resolution and Agreement to Arbitrate, and Miscellaneous, as well as any other parts of these Terms and Conditions that, either explicitly or by their nature, must remain in effect even after termination of these Terms and Conditions. 

Prices and Payment Terms

The prices of the products available for purchase on the Sites are displayed in U.S. dollars. Prices are subject to change at any time and without any notice to you. Please check the final price on the checkout page before submitting an order. The final price displayed will include the product price, state and local taxes where appropriate, and shipping costs (if applicable). Signoria reserves the right to cancel any order that you have placed if we determine that the incorrect price was displayed at the time of your order. 

Signoria only sells products to adults. If you are under the age of majority in your jurisdiction of residence, you may not make a purchase or provide any information via the Sites. If you wish to purchase any product from the Sites, you will be asked to supply certain information relevant to your order including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. By submitting payment information and placing an order, you are authorizing us to immediately process and charge that payment method in connection with your order. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD UTILIZED IN CONNECTION WITH AN ORDER. 

The only payment methods currently accepted on the Sites are select credit card options and PayPal®. The specific credit cards that we accept will be identified on the Sites at the time of checkout.  You agree to provide current, complete, and accurate information for all orders placed on the Sites. You agree to promptly update your account and other information, as applicable, so that we can complete your order and contact you as needed. By submitting any information in connection with an order, you grant to Signoria the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of an order. Orders places on the Sites will not be accepted and processed until after your method of payment has been verified and authorized by any necessary third parties. 

Signoria’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to refuse service, terminate accounts, or cancel or modify orders in our sole discretion and shall have no liability to you other than refunding your order, if applicable. Without limiting the foregoing, we may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing phone number provided at the time the order was made. Further, purchase of our merchandise for resale purposes is not authorized. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors, and to cease doing business with such customers, with no further notice. 

You agree to pay all charges that may be incurred by you or on your behalf through the Sites, at the price in effect when your order is placed, including, without limitation, all shipping and handling charges. You remain solely responsible for any taxes that may be applicable to your orders. In States where Signoria does not collect or remit sales tax, purchases are not exempt from any applicable sales tax. Purchasers in those states are required to file the requisite sales or use tax returns and directly pay applicable taxes to the state. Additional information may be found on your state department of revenue website.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, and use of any item purchased from the Sites. By placing an order, you represent that the products ordered will be used only in a lawful manner. Any offer for any product or service made on the Sites is void where prohibited. 

Order Confirmation, Shipment and Delivery

You will receive an order confirmation with an estimated shipping date of between three (3) and eight (8) business days. Once stock availability is determined, you will receive an updated shipping date. We reserve the right to send your order in multiple shipments. 

The items purchased will be shipped to the address indicated in connection with your order via a third-party carrier chosen by Signoria. You will receive a shipment tracking number via email. We are unable to ship to a PO Box. Please contact your local post office on how to have packages delivered to your post office if they offer that service. As discussed above, you are responsible for all shipping costs (if applicable), which will be displayed separately at the time of checkout. Signoria cannot ship orders placed on the Sites outside of the United States. Please contact customer service for more information on deliveries outside the United States.

The terms of shipment shown on the Sites and in the order confirmation (if any) shall be intended as the usual number of days to dispatch the order. Shipments shall be made in any case within 30 days of the order confirmation except in cases of unpredictable events or Force Majeure.

Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Sites passes to the purchaser upon delivery to the carrier. 

Right to Cancel or Make Changes

You may cancel your order up until the time that it has shipped.  Please contact customer service via email at [email protected] or phone at 800-611-0135 to inquire regarding whether you are able to cancel your order. If the order has not been shipped and you still wish to cancel, we will cancel and confirm via email. Refunds for cancellations will be made within approximately 7-10 days of the cancellation date to the original payment method. Once an order (or any portion of an order) has shipped, you cannot cancel the order, but you can return the merchandise in accordance with our “Returns Policy.” You cannot make changes to an order after it has been placed. If you wish to make a change to an order not yet shipped, we suggest you cancel the order and submit a new order with the changes.

Returns and Refunds

Please review our separate Shipment and Returns Policy.

Product Information and Availability 

Signoria strives to be as accurate as possible and eliminate errors on the Sites, but there may be information on the Sites that contains typographical errors, inaccuracies, or omissions and they may relate to product descriptions, pricing, promotions, offers and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Sites at any time and without prior notice (including after you have submitted an order), at our sole discretion. In the event that any errors, inaccuracies, or omissions affect an order you have already placed, your sole remedy is to cancel or return your order, in compliance with any applicable Signoria policies. Signoria reserves the right to cancel any such orders and provide a refund. 

Certain products displayed on the Sites may have limited quantities and may not always be available in every size or color. The sale of the products shown on this website is subject to the product’s availability. While Signoria makes its best efforts to keep the Sites up to date, some ordered items may be temporarily or permanently out of stock. If an ordered item is temporarily unavailable, Signoria will notify you, and you may elect to ship only the available products or to cancel the whole order. If the item permanently unavailable, you will receive a refund within 7 to 10 business days if your credit card or other payment method has already been charged. The refund will be made to the original method of payment. 

Certain product information is displayed on the Sites, including general fabric care.  Please refer to detailed care instructions for each item. Photographs of products are provided for illustrative purposes and shopping convenience only.  Signoria has made every attempt to depict as accurately as possible the product colors. However, due to the features of your browsers and monitors, we cannot guarantee that the display of color on your monitor will accurate reflect the actual product. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. If a product offered on the Sites is unavailable, is not as described or pictured, or otherwise does not meet your expectations, your sole remedy is to return your order, in compliance with applicable Signoria policies. 

Privacy

We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Sites is governed by our Privacy Policy.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED "AS IS." SIGNORIA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. SIGNORIA DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIGNORIA OR A REPRESENTATIVE SHALL CREATE A WARRANTY. 

WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

FURTHER, SIGNORIA DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL SIGNORIA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.  

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, SIGNORIA WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SITES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITES, OR (v) ANY OTHER MATTER RELATING TO THE SITES. 

IN ADDITION, WHEN USING THE SITES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF SIGNORIA, ITS PARTNERS, ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SITES. ACCORDINGLY, SIGNORIA ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITES. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. 

EACH PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND SIGNORIA. TYOUR AGREE AND ACKNOWLEDGE THAT THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SIGNORIA. 

Indemnification

You agree to indemnify and hold Signoria and our affiliates harmless from and against all liabilities, losses, claims, costs and expenses (including reasonable attorneys’ fees) related to any claim, investigation, litigation or proceeding which arises or is alleged to have arisen from your misuse of the Sites or any breach by you of these Terms and Conditions.  We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. 

Links to Third-Party Sites

The Sites may contain links to other websites. These sites are not operated, controlled, or maintained by Signoria and Signoria is not responsible for their availability, content, or security. Such sites may be subject to their own terms and conditions of use and privacy policy, which we recommend that you review.  Links to other sites are provided for your convenience only. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods, or services available on external websites.

Dispute Resolution and Agreement to Arbitrate

By using the Sites, you and Signoria agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of these Terms and Conditions or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

• Notice to Signoria: You must send notice (1) by electronic mail to [email protected] and (2) by first-class or certified mail to Signoria at PO Box 757 Windsor, VT 05089
• Notice to You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by any reasonable means.

Both you and Signoria agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. 

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. 

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference. 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including any claim that all or any part of these Terms and Conditions are void or voidable. For the avoidance of doubt, you and Signoria agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. 

Notwithstanding the foregoing, in lieu of arbitration either you or Signoria may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.

Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the United States (including federal arbitration law) and the state of North Carolina, without giving effect to any conflict of laws principles. 

Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration agreement set forth above shall be and resolved by a court located in the state of North Carolina and you agree and submit to the exercise of personal jurisdiction by such courts for the purpose of litigating any such claim or action. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action. 

You and Signoria acknowledge that these Terms and Conditions evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms and Conditions shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions.

Miscellaneous

• No waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Signoria does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions (or which Signoria has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Signoria’s rights, and all such rights or remedies shall still be available to Signoria.

• Titles and Headings. Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms and Conditions.

• Severability. If any provision of these Terms and Conditions is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

• Entire Agreement. These Terms and Conditions and any Additional Rules set forth the entire understanding and agreement between us with respect to your use of the Sites.

• Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms and Conditions without restriction.

• No Relationship. These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Signoria.

• Notice to California Residents. You may reach Signoria at the contact information provided below in the “Contact Information” section below. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

16. Contact Information

You may contact us in the following ways:

E-mail: [email protected]

Toll Free Tel: 800-611-0135 (mon – fri 9:00am - 4:30pm EST)

Writing:

Signoria Customer Service

PO Box 757

Windsor, VT 05089