Sonic Boom Wellness Terms of Service (the “Participation Agreement”)

Last Updated and Effective: January 4, 2024

Welcome to the Sonic Boom™ program!

THE FOLLOWING TERMS WILL GOVERN YOUR USE OF WWW.SONICBOOMWELLNESS.COM, HTTPS://APP.SBWELL.COM, THE SONIC BOOM MOBILE APPLICATION FOR IOS AND ANDROID, AND ALL RELATED WEB PAGES (COLLECTIVELY, THE “SITE”) AND ANY OTHER RELATED SONIC BOOM WELLNESS SERVICES AND RELATED PRODUCTS (COLLECTIVELY, THE “SERVICES”), AND YOU SHOULD READ THEM CAREFULLY BEFORE ACCESSING OR USING THIS SITE OR THE SERVICES. BY ACCESSING THIS SITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH (OR OTHERWISE INCORPORATED) HEREIN. IF AT ANY TIME YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THIS SITE AND THE SERVICES.

1. Your Agreement with Sonic Boom

   Your use of the Site, or any related services and products, is governed by this agreement. “Sonic Boom Wellness,” “we,” “us,” or “our” means Sonic Boom Wellness, Inc., a Delaware corporation, and its subsidiaries and affiliates. You are also subject to the Sonic Boom Wellness Privacy Policy in connection with your participation in Sonic Boom Wellness programming and may be subject to additional posted guidelines or rules applicable to certain other content, services, or other items and information available through Sonic Boom Wellness (which are hereby incorporated by reference).

2. Binding effect

   This is a binding agreement. By using the Site and the Services, you agree to abide by these Terms. We may, in our sole discretion, amend or revise these Terms at any time, at which point the amended/revised Terms will be presented to you upon your next attempt to log into the Site. In these cases, you will be required to read and accept the amended/revised Terms prior to your continued use of the Site and the Services. By accepting those changes you will be bound thereby, whether or not you have reviewed them. If at any time you find these Terms unacceptable, you must immediately leave this Site and cease all use of the Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR THE SERVICES, AS THESE TERMS CREATE BINDING LEGAL OBLIGATIONS AND LIABILITY THAT MAY RESULT FROM YOUR USE OF THIS SITE OR ANY RELATED SERVICES.

3. Additional terms

   By using the Site and/or the Services, you further agree that you will comply with any additional terms that we may provide to govern Services that we offer from time to time (“Additional Terms”); we will present any such Additional Terms in conjunction with the applicable Services. We may also require your agreement to rules of participation (“Rules”) for activities and Services such as (by way of example only) award programs, contests, or other special promotions (collectively, “Promotions”). Any Additional Terms or Rules that we promulgate are hereby incorporated into these Terms by this reference. Your participation in any Promotions shall constitute your acceptance of all applicable Additional Terms and Rules. In addition, we reserve the right to modify or terminate any award programs, contests, or other special promotions at any time in our sole discretion and without notice.

4. Not medical advice

   You acknowledge that (a) Sonic Boom Wellness is not a medical organization, (b) your use of the Site or the Services does not create a doctor-patient relationship, and (c) the Site and the Services are not intended to constitute medical or psychiatric advice. The information provided by Sonic Boom Wellness as part of the Site and the Services, including any information contained in or made available through the Site cannot and should not replace or substitute for the services of trained professionals in any field, including, but not limited to, medical and psychological matters.Any content accessed (“Content”) or Service provided through the Site is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. Services include, but are not limited to, the provision of Sonic Boom Wellness tracking tools, wellness activities, challenges, contests, educational resources, incentive-tracking tools, lifestyle-coaching services, biometric-screening services, flu shots, and social-networking tools.

   Content and Services should not be used during a medical emergency or for the diagnosis or treatment of any medical condition.

   Please consult your doctor or other qualified health-care provider before starting any Sonic Boom Wellness-recommended activity, changing any medication, changing your diet, or changing any course of treatment – or if you have any questions about a medical condition.

   Never disregard professional medical or psychiatric advice or delay seeking it because of something you have read on the Site! If you think you may have a medical emergency, call 911 or your doctor immediately.

5. Your Representation to Sonic Boom Wellness

   By using the Site and Services, you represent and warrant to Sonic Boom Wellness that: (a) you are eighteen (18) years or older and have the legal power and authority to form a binding contract and enter into and perform your obligations under these Terms of Service or, if you are not eighteen (18) years or older, you have obtained the consent of a parent or legal guardian to participate in the Sonic Boom Wellness Program; (b) you have reviewed these Terms of Service in their entirety and shall comply with all of these Terms of Service; (c) if you purchase additional Services through the Site, you will provide accurate and complete information, including, as may be applicable, your legal name, email and mailing addresses, telephone number(s) and/or relevant payment information; and (d) you are the authorized signatory of the credit or charge card or account provided to Sonic Boom Wellness to pay for the additional Services purchased from the Site.

6. Ownership of Site Content

   Unless otherwise noted, all content on the Site, which shall include, without limitation, all products offered on or accessed through the Site (collectively, the “Site Content”), are the sole and exclusive property of Sonic Boom Wellness or our affiliates or our third-party licensors or suppliers and are protected by U.S. laws and international treaties. By accepting these Terms of Service, you do not become the owner of any Site Content but are entitled to use the Site Content according to these Terms of Service and subject to all additional intellectual property notices, information or restrictions accessed through the Site. As used herein, Site Content shall include, without limitation, all text, images, graphics, logos, illustrations, photographs, video, audio, and other materials on or offered by or accessed through the Site, as well as the designs, icons, layout, “look and feel,” and all other graphical elements, and all code and software of the Site and all copyrights, trademarks, service marks, trade names, patents and other intellectual property rights in any of the foregoing.

   6.1 CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
   Please read this section carefully before posting or otherwise submitting any thoughts, ideas, or comments (collectively, “Personal Content”) or posting, uploading, or otherwise submitting any photos, videos, or other imagery (collectively, “Visual Content”) to the Site. By submitting Personal or Visual Content to the Site you are granting Sonic Boom Wellness a worldwide, non-exclusive license to use the Personal or Visual Content and are representing and warranting to Sonic Boom Wellness that the Visual Content is either owned by you or you are authorized to represent or distribute the Visual Content, and that Sonic Boom Wellness is free to publish, distribute and use the Personal or Visual Content as provided in these Terms without obtaining permission, consent or any license from any third party.

   In consideration of Sonic Boom Wellness’s agreement to allow you to use the Services, you agree with Sonic Boom Wellness as follows:

   • Any Visual Content uploaded to your account must be photographed by you;
   • By posting Visual Content to the Site you retain full rights to those works that you had prior to uploading;
   • You consent to all actions Sonic Boom takes with respect to your information that you create and is consistent with our Privacy Policy. Sonic Boom Wellness uses measures to restrict the ability of users and visitors to the Site to make high resolution copies of Visual Content posted on the Site. Notwithstanding this, Sonic Boom Wellness makes no representation and warranty that Visual Content posted on the Site will not be unlawfully copied without your consent. Sonic Boom Wellness does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Visual Content posted on the Site, or to take screenshots on their mobile devices, and you hereby expressly authorize Sonic Boom Wellness to permit users and visitors to the Site to make such low-resolution copies of the Visual Content; and
   • Subject to the terms of the foregoing license, ownership or other rights in the Visual Content including any intellectual property rights or other proprietary rights associated with the Visual Content are retained by you or the Visual Content owner represented by You.

   Additionally, you represent and warrant that:

   • You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all Visual Content you submit to the site;
   • You have the full and complete authority and right to enter into this agreement and to grant to Sonic Boom Wellness the rights in the Visual Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Sonic Boom Wellness of the Visual Content as contemplated herein; and
   • The Visual Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.

   You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Sonic Boom Wellness, all of which such rights are hereby expressly and irrevocably waived by you in favor of Sonic Boom Wellness.

7. License of Website Content/Permitted Uses

   You are being provided a limited, non-exclusive, non-transferable and revocable license to access and make personal, non-commercial use of the Site, subject to the restrictions and limitations set forth in these Terms of Service. Except as specifically authorized in connection with the intended use of the Site and the Services or in these Terms of Service, you are not permitted to copy, reproduce, modify, republish, upload, download, post, sell, lease, license, rent, transfer or in any manner distribute or otherwise use or permit others to use any Site Content or any copies thereof. The license to use the Site Content as described in this paragraph will automatically terminate if you fail to comply with any these Terms of Service.

   We reserve the right in our sole and absolute discretion to refuse access to the Site, or any areas on the Site, or to provide any Service to any person or entity for any reason or for no reason whatsoever.

8. Your Account and Information

   You may choose to become a participant in the Sonic Boom Wellness program (“Participant”) and register for the Site and the Services. To register with the Site, you will be asked to provide certain registration details or other information, including a username and password. You agree that all information you provide to register with the Site, to purchase products and to use any other features of the Site, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.Your use of the Site, any Content and Services must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to be a Participant or have the consent of a parent/legal guardian to be Participant.

   If you choose to become a Participant, your information is stored and accessed separately in your own personal, password-protected Sonic Boom Wellness portal. Your account is non-transferable and any rights to your account shall automatically terminate upon your death. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Sonic Boom account. You may not use the account, username or password of someone else at any time. You agree to notify us immediately of any unauthorized use of your account, username, password and/or other personal/sensitive information. You also agree to notify us if you are aware of or suspect other unauthorized use of the Site and/or the Site content. We will not be liable for any loss that you incur as a result of someone else using your username and password with or without your knowledge. You may be held liable for any losses incurred by Sonic Boom Wellness, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of your account, username or password.

   Many activities feature public leaderboards and messaging tools, while others are more individual and private. Any information or photos that you provide in public areas becomes public information. You should exercise caution when disclosing any personal information in public areas. Participants may choose to participate in certain contests or challenges under an alias, if desired, allowing you to conceal your true identity on leaderboards. Other activities require use of your name.

9. Use and Security of Your Personal Information

   The security and privacy of your personal information is of utmost importance to us. Please refer to our Privacy Policy for further information regarding how we use and secure your personal information. If you create, transmit, or display health and wellness or other information while using the Site or the Services, you may only do so with information that you own or have the right to use.

10. Content and services accessed through Sonic Boom Wellness

    We authorize you to view or download the Content and use the Services solely for your personal, noncommercial use in accordance with all applicable laws.

    Warning: You may find certain health-related Content offensive. Sonic Boom Wellness makes every effort to ensure that Content, whether posted by us, or by other Participants, is tasteful, devoid of profanity, and absent of provocative or explicit imagery. All such communications are intended to educate you on health-habit improvement and shall not be interpreted in any other way. Sonic Boom Wellness is not responsible for content posted by Participants.

    The Content and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other Participant’s use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected with Sonic Boom Wellness, the Site, any Content, or the Services.

    The Content is licensed only for the personal, household, and educational use of a single individual. An individual’s noncommercial reuse or redistribution of any portion of the Content that falls within what is or would be permitted by the United States Copyright or the Lanham Act (or any analogous laws around the world) is permitted. No commercial use or redistribution of any Content is permitted. Any hyperlink or other re-display of the information on another website must display the Content full-screen and not within a “frame” on the linked or other site.

    We do not endorse any specific Content, Services, tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on Content or Services is solely at your own risk. While we believe you will find the Content and Services useful, we cannot guarantee that the Content and Services will help you achieve the results you desire. Content regarding programs, activities, dietary supplements, or other treatments or regimens has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.

    The Content and Services may link you to other websites or information, software, data, or other contents on or off the Internet, including linked click-through or other advertising, or through featured or sponsored sites. We have not reviewed the contents that may be reached by such links and we are not responsible for such content. Your linking to any other pages on other sites is at your own risk. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites and should not be attributed to us. We have not attempted to verify the truth or accuracy of any such opinion, claim, or comment, nor do we endorse or support them. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, or other content that is outside of our control.

11. User Conduct

    All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates, and you acknowledge and agree that you, and not Sonic Boom Wellness, are entirely responsible for all Content that you post, or otherwise submit to the Site. Sonic Boom Wellness does not control user-submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is objectionable.As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Sonic Boom Wellness. By way of example, and not as a limitation, you agree not to use the Services:

    1. To abuse, harass, threaten, impersonate or intimidate any person;
    2. To post or transmit, or cause to be posted or transmitted, any Visual Content or Communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
    3. For any purpose (including posting or viewing Visual Content) that is not permitted under the laws of the jurisdiction where you use the Services;
    4. To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any Sonic Boom Wellness user;
    5. To create or transmit unwanted ‘spam’ to any person or any URL;
    6. To post copyrighted Visual Content or other Communications that do not belong to you;
    7. To not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
    8. To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; or
    9. To promote or sell Visual Content of another person.

    At Sonic Boom Wellness’s sole discretion, any confirmed breach of these Terms is Cause for immediate removal of the objectionable Content, indefinite suspension of your access to the Site, and/or a report of the incident submitted to your employer for further disciplinary action in accordance with their employment policies. To report a suspected abuse of the Site or any other breach of these Terms, please send written notice to Sonic Boom Wellness or contact your local program administrator.

    You are solely responsible for your interactions with other users of the Site. Sonic Boom Wellness reserves the right to, but has no obligation to, monitor disputes between you and other users. When Content is flagged as inappropriate or otherwise brought to the attention of Sonic Boom Wellness as potentially objectionable or abusive, Sonic Boom Wellness reserves the right to decide whether or not said Content is objectionable and subject to disciplinary action.

12. Disclaimers

    12.1 DISCLAIMER REGARDING THIRD-PARTY CONTENT. THIS SITE AND ITS RELATED SERVICES MAY PRESENT YOU WITH THE IDEAS, OPINIONS AND VIEWS OF THIRD PARTIES, ALL OF WHOM ARE BEYOND THE CONTROL OF SONIC BOOM WELLNESS. WE DO NOT AND CAN NOT BE RESPONSIBLE FOR, OR OTHERWISE ENDORSE OR GUARANTEE, THE ACCURACY OR TRUTHFULNESS OF ANY SUCH CONTENT GENERATED BY THIRD PARTIES.

    12.2 FURTHER DISCLAIMER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT WE HAVE CREATED THIS SITE FOR THE PURPOSE OF PROVIDING GENERAL EDUCATIONAL AND INFORMATIONAL CONTENT, AND WHILE WE EXERCISE REASONABLE EFFORTS TO MONITOR THE INFORMATION ON THIS SITE AND TO UPDATE CONTENT REGULARLY, YOU UNDERSTAND AND AGREE THAT WE CANNOT AND DO NOT GUARANTEE THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL INCLUDED HERE, OR ON ANY SITE ACCESSIBLE FROM HERE. NO CONTENT FOUND ON THIS SITE OR ACCESSIBLE FROM THIS SITE SHOULD BE CONSIDERED MEDICAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE, AND YOU SHOULD ALWAYS SEEK THE HELP OF A QUALIFIED PROFESSIONAL FOR ANSWERS TO ANY QUESTIONS YOU MAY HAVE.

13. Social programs

    Sonic Boom Wellness’s many socially connected programs allow you to interact with other Participants in the community – including, in some cases, earning points, competing with one another, winning prizes, and comparing relative health and wellness progress. You are solely and entirely responsible for your participation in our social programs. You agree to not use the Site, Content, or any Services to: (a) upload, post, email, transmit or otherwise make available any communications through the Site or the Services that (i) are unlawful, harmful, threatening, abusive, harassing, torturous, offensive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable or infringe any rights of any other party, (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships, or (iii) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (b) impersonate any person or falsely state or otherwise misrepresent your affiliation with any person; (c) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Participants’ ability to enjoy the Site and the Services; (d) interfere with or disrupt Sonic Boom Wellness, the Site, the Services, or servers, or networks connected to Sonic Boom Wellness, or disobey any requirements, procedures, policies or regulations of networks connected to Sonic Boom Wellness; (e) collect information about others without their express consent; or (f) intentionally or unintentionally violate any applicable local, state, national or international law or regulation.

14. Proprietary rights, notice, and takedown procedures

    14.1 Trademarks: Sonic Boom Wellness’s name and other Sonic Boom Wellness logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Sonic Boom Wellness or its affiliates in the U.S. and/or other countries. Sonic Boom Wellness’s trademarks and trade dress may not be used in connection with any product or service that is not Sonic Boom Wellness’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sonic Boom Wellness. All other trademarks not owned by Sonic Boom Wellness or its affiliates that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sonic Boom Wellness or its affiliates. Use of trademarks for commercial purposes without authorization from Sonic Boom Wellness is strictly prohibited.

    14.2 Copyrights: All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Sonic Boom Wellness or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Sonic Boom Wellness and protected by U.S. and international copyright laws. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Sonic Boom Wellness or the copyright holder identified in the individual content’s copyright notice.

    If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting us and providing the following information:

    • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work;
    • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;
    • Your name, address, telephone number and (if available) email address;
    • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
    • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf;
    • A signature or the electronic equivalent from the copyright holder or authorized representative; and
    • In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of Participants, users and account holders of Sonic Boom Wellness who are repeat infringers.
15. Modifications and termination of Sonic Boom Wellness

    If you violate any of the terms of this Agreement (including the Privacy Policy), your permission to use the Content and Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. We may place limits on, modify, or terminate your right to access and use the Site and the Services and/or Content at any time. This suspension or termination may delete information, files, and other previously available Content. Sonic Boom Wellness reserves the right to terminate the agreement created under these Terms of Service at any time, with or without notice, for any reason.

16. Changes to Terms of Service

    We may occasionally update these Terms of Service. When we do, we will issue the updated Terms upon your next attempted login, as outlined in Paragraph 2 of this agreement. We encourage you to review these amended/revised Terms thoroughly. Your continued use of the Site, the Services, and any Content will be dependent on your acceptance of and agreement to the amended/revised Terms of Service. We will also revise the “last modified” date at the top of this document/web page.

17. Indemnification

    You agree to indemnify and hold Sonic Boom Wellness, our partners, licensees, assignees and suppliers as well as any of our related companies and each of our and their respective directors, officers, employees and agents, harmless against any claims or losses, including reasonable attorneys’ fees and costs, imposed on, incurred by, or asserted as a result of or relating to: (a) your use of the Site, the Services, and any Content; (b) your noncompliance with any of the terms and conditions hereof; (c) your violation of any law or rights of any person; and (d) any third-party actions related to or arising from your receipt or use of the Site, the Services, and any Content, whether authorized or unauthorized under the Terms of Service.

18. Exclusion of warranties

    THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. WITH THE EXCEPTION OF CERTAIN ACTIVITY-TRACKING DEVICES, NEITHER WE NOR ANY OF OUR PARTNERS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT OF THE LAW. NEITHER WE NOR ANY OF OUR PARTNERS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS INCLUDING THOSE REQUIRING DISCLOSURES OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.THE SITE, THE CONTENT AND THE SERVICES WERE DEVELOPED FOR USE BY EMPLOYERS HEADQUARTERED IN THE UNITED STATES. YOU ARE RESPONSIBLE FOR ENSURING YOUR USE OF SONIC BOOM WELLNESS COMPLIES WITH ALL OTHER APPLICABLE LAWS AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING THE SITE, THE CONTENT OR THE SERVICES WHEN USED IN ANY OTHER COUNTRY.

19. Limitation of liability

    OTHER THAN IN RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SONIC BOOM WELLNESS’S GROSS NEGLIGENCE OR FOR SONIC BOOM WELLNESS’S FRAUDULENT MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT, NEITHER WE NOR ANY OF OUR PARTNERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.OTHER THAN IN RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SONIC BOOM WELLNESS’S GROSS NEGLIGENCE OR FOR SONIC BOOM WELLNESS’S FRAUDULENT MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT, NEITHER US NOR ANY OF OUR PARTNERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN AN AGGREGATE OF $100 IN DIRECT DAMAGES.

    The limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.

20. International Users

    The Site is controlled, operated, and administered by Sonic Boom Wellness from its offices within the United States of America. Sonic Boom Wellness makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site is illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws.

21. Acknowledgement Regarding Products Available on the Site

    All of the Services purchased from the Site, including products purchased or earned as prizes, should only be used in accordance with the manufacturer’s instructions, precautions and guidelines. You agree that you are using the Site and the Services offered by the Site at your own risk. You are responsible for using any items purchased responsibly and in accordance with applicable directions for use. It is your responsibility to review the ingredients of all items and understand your tolerances to ensure that the use of these products will not cause allergic reactions or other adverse side effects.

22. Product Listings

    Sonic Boom Wellness strives for accuracy in all item descriptions, photographs, pricing and any other product-related information contained herein or referenced on the Site. Due to human error and other determinates we cannot guarantee that all such items will be entirely accurate, complete or current, nor do we assume responsibility for these errors. In the event a product listed on the Site is labeled with an incorrect price due to some typographical, informational, technical or other error, Sonic Boom Wellness shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Please pay particular note that while Sonic Boom Wellness has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

23. Order Processing

    All orders made through the Site are subject to acceptance by Sonic Boom Wellness, in Sonic Boom Wellness’s sole discretion. This means that Sonic Boom Wellness may refuse to accept or may cancel any order or transaction, whether or not such order or transaction has been confirmed, for any reason or no reason, and without liability to you or any third party. You can check the status of pending orders on the Site. Otherwise, you may email or call customer service with any questions you may have.You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms of Service. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

    Sonic Boom Wellness may reject orders where the stated delivery address is outside the United States, the United Kingdom and Canada, or Sonic Boom Wellness will add applicable shipping and handling fees.

    Sonic Boom Wellness’s descriptions of, or references to, products not owned by Sonic Boom Wellness on and outside of the Site do not imply endorsement of that product, or constitute a warranty, by Sonic Boom Wellness.

24. Payment

    Price and availability information is subject to change without notice. All prices displayed on the Site are quoted in U.S. Dollars. If you order any products through the Site, you are agreeing to pay the amounts confirmed in your order and that Sonic Boom Wellness may charge you for such amounts. You will not be charged for any item until it is shipped. You agree to pay the amounts due as specified on your order.

25. Products Not for Resale

    The products available on the Site are for personal use only and are not for resale. Sonic Boom Wellness may cancel or modify any order received which it believes is contrary to these Terms of Service.

26. Shipping and Returns

    Shipping terms and returns will be subject to our general policies described on our Shipping and Returns page, which policies are incorporated into these Terms of Service.

27. General legal terms

    These Terms of Service constitute the entire agreement between you and Sonic Boom Wellness relating to your use of the Site or the Services and replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references these Terms of Service. If there is any conflict between these Terms of Service and a signed written agreement between you and us related to the Site or the Services, the signed written agreement will control.If we provide you with a translation of the English language version of these Terms of Service, the English language version of these Terms of Service will prevail if there is any conflict.

    Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.

    Tennessee law governs this agreement, excluding Tennessee’s choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THESE TERMS OF SERVICE IS Davidson COUNTY, Tennessee. YOU AND SONIC BOOM WELLNESS CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.

    If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.

    Sonic Boom Wellness may assign our rights and obligations under these Terms of Service. These Terms of Service will inure to the benefit of our successors, assigns and licensees.

28. Force Majeure

    The obligations of Sonic Boom Wellness under these Terms of Service or otherwise are subject to delays caused by force majeure or events outside the reasonable control of Sonic Boom Wellness.

29. Contact information

    If you have any questions concerning Sonic Boom Wellness, the Site, the Services, any Content, these Terms of Service, or anything related to any of the foregoing, we can be reached at the following email address and phone number:
    Email: [email protected]
    Phone: 1.877.SONIC.08 (1.877.766.4208)