Sonic Freedom LLC Web Site Agreement
The SonicFreedom.com Web Site (the "Site") is an online information
service provided by Sonic Freedom LLC ("SonicFreedom.com "), subject
to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE
SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
SonicFreedom.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and trademarks
are SonicFreedom.com, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download
portions of material from the different areas of the Site solely
for your own non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the materials.
You agree to grant to SonicFreedom.com a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new
or improved products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups) or
by e-mail to SonicFreedom.com by all means and in any media now
known or hereafter developed. You also grant to SonicFreedom.com
the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that
you shall have no recourse against SonicFreedom.com for any alleged
or actual infringement or misappropriation of any proprietary right
in your communications to SonicFreedom.com.
TRADEMARKS.
Publications, products, content or services referenced herein or
on the Site are the exclusive trademarks or servicemarks of SonicFreedom.com.
Other product and company names mentioned in the Site may be the
trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by SonicFreedom.com, SonicFreedom.comdoes
not operate, control or endorse any information, products or services
on the Internet in any way. Except for SonicFreedom.com- identified
information, products or services, all information, products and
services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with SonicFreedom.com
a. You also understand that SonicFreedom.com cannot and does not
guarantee or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. SonicFreedom.com PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD
TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND SonicFreedom.com
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. SonicFreedom.com DOES
NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
SonicFreedom.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL SonicFreedom.com BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED
ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF
SUCH INFORMATION OR SERVICE. EVEN IF SonicFreedom.com OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SonicFreedom.com
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
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SonicFreedom.com makes no representations whatsoever about any
other web site which you may access through this one or which may
link to this Site. When you access a non-SonicFreedom.com web site,
please understand that it is independent from SonicFreedom.com,
and that SonicFreedom.com has no control over the content on that
web site. In addition, a link to a SonicFreedom.com web site does
not mean that SonicFreedom.com endorses or accepts any responsibility
for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless SonicFreedom.com,
its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person
accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of SonicFreedom.com and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly
against you on its own behalf.
5.Term; Termination.
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This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of Michigan, USA applicable to agreements made and
to be performed in Michigan, USA. You agree that any legal action
or proceeding between SonicFreedom.com and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction
sitting in Michigan, USA . Any cause of action or claim you may
have with respect to the Service must be commenced within one (1)
year after the claim or cause of action arises or such claim or
cause of action is barred. SonicFreedom.com's failure to insist
upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall
act to modify any provision of this Agreement. SonicFreedom.com
may assign its rights and duties under this Agreement to any party
at any time without notice to you.
Any rights not expressly granted herein are reserved. |