1. Access to the Site
Subject to these Terms, SONEX grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
2. No Support or Maintenance
You agree that SONEX will have no obligation to provide you with any support in connection with the Site.
3. Third-Party Links & Ads
The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of SONEX, and SONEX is not responsible for any Third-Party Links & Ads.
4. Disclaimers
The Site is provided on an “as-is” and “as available” basis, and SONEX and our suppliers expressly disclaim any and all warranties and conditions of any kind.
5. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion.
6. General
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us.
7. Applicability of Arbitration Agreement
All claims and disputes in connection with the Terms or the use of any product or service provided by SONEX that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.
8. Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief.
9. Arbitration Rules
Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section.
10. Additional Rules for Non-Appearance Based Arbitration
If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions.
11. Time Limits
If you or SONEX pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
12. Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and SONEX.
13. Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
14. Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis.
15. Confidentiality
All aspects of the arbitration proceeding shall be strictly confidential.
16. Severability
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, such specific parts or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
17. Right to Waive
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. 18. Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with SONEX.
19. Small Claims Court
Nonetheless the foregoing, either you or SONEX may bring an individual action in small claims court.
20. Emergency Equitable Relief
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.
21. Claims Not Subject to Arbitration
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.
22. Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Site.
23. Your Privacy
Please read our Privacy Policy.
24. Copyright/Trademark Information
Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
25. Our Commitment to Our Users