Welcome to sonimawellness.com (the “Website”). The Website is owned and operated by Sonima Wellness, LLC and its affiliates (“Sonima”). You may use the services, content, technologies and applications of the Website on the condition that you comply with the following terms and conditions (the “Site Terms”) governing your use of the Website.
PLEASE READ ALL OF THE SITE TERMS CAREFULLY BEFORE USING OR ACCESSING THE SITE. BY USING OR ACCESSING THE WEBSITE AND/OR ANY OF THE CONTENT AND SERVICES PROVIDED THEREIN, YOU ARE AGREEING TO THE SITE TERMS IN THEIR ENTIRETY. Sonima may, at any time and in its sole discretion, amend, modify, delete or add (collectively “Amendments”) to the Site Terms. Your use of the Website after any such Amendments have been made or posted constitutes your agreement with and acceptance of such Amendments. Each time you access the Website, you reaffirm your acceptance of the Site Terms and any Amendments thereto. You are responsible for regularly reviewing the Site Terms.
Sonima May Discontinue or Suspend The Website
Sonima reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or any portion thereof without notice to you. You agree that Sonima shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Website.
Intellectual Property Rights
All information, materials, images, graphics, video, audio, software, photographs, articles, functions, text and other content contained, displayed or reflected on the Website (collectively, “Website Content”) and all copyrights, trademarks, and other intellectual property rights in or relating to the Website Content, are the exclusive property of Sonima, its licensors or content providers or other third parties. The Website and the Website Content, including the selection and arrangement of the Website Content, is owned by Sonima and protected as a compilation under the copyright laws of the United States and other countries. Nothing herein or on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any of the Website Content without Sonima’s prior written permission. You agree that, without prior, written authorization from Sonima, you may not and will not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Website Content, except as permitted herein and under Section 107 of the United States Copyright Act of 1976, as amended, 17 U.S.C. § 107.
The SONIMA and SONIMA WELLNESS names and marks, and unless otherwise noted all other trademarks, service marks, trade names, and logos displayed on the Website, are the trademarks, service marks and/or trade names of Sonima. Nothing herein or on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any trademark, trade name, logo or service mark displayed on the Website without the owner’s prior written permission. Unauthorized use of the SONIMA name and mark, or any other trademark, service mark or trade name displayed on the Website is strictly prohibited.
User Submissions to the Website
The Website may offer you the opportunity to post and/or submit information, materials, images, graphics, video, audio, software, photographs, articles, text and/or other content (“User Content”) on or to the Website. By posting or submitting any User Content on or to the Website (regardless of the form or medium of the post or submission), you are giving Sonima, and its affiliates, agents and third party contractors the unrestricted, royalty-free, perpetual and irrevocable right to reproduce, adapt, display, publish, distribute or modify such User Content throughout the world in any and all media and formats, whether now or hereafter developed, for any purpose whatsoever, without payment, credit or acknowledgement of source.
With respect to any User Content submitted by you to the Website, you hereby represent and warrant to Sonima that you are legally capable to enter into contracts, that you are authorized to post or submit the User Content and that the User Content and your submission of the User Content does not violate or infringe the copyright, trademark, patent, publicity, privacy or other proprietary right of any third party. You further agree that you will not: (I) submit or publish falsehoods or misrepresentations that could damage Sonima or any third party; (II) submit User Content that is unlawful, obscene, profane, defamatory, libelous, threatening, pornographic, hateful, abusive, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) submit or publish documents or information that is the confidential or proprietary documents or information of any third party; or (iv) post advertisements or solicitations of business. Sonima reserves the right to remove, delete or refrain from publishing any User Content submitted by you without prior notice to you.
You agree that will be solely responsible and liable for, and will indemnify Sonima and its officers, directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your submission of User Content, including, but not limited to, any Claims arising out of breach of the Site Terms or any Claims for infringement of copyright, trademark, patent or other proprietary rights.
Unauthorized Use of Your Intellectual Property
Sonima respects the intellectual property rights of others. Bearing in mind the permissions granted by you to Sonima with respect to any User Content as set forth herein, if you are an intellectual property owner or agent thereof and believe that any User Content or Website Content infringes upon your intellectual property rights, please contact us at firstname.lastname@example.org.
Third Party Content
The Website features content supplied by third parties (“Third Party Content”). Any opinions, advice, statements, offers or other information or content contained in such Third Party Content are those of the respective author(s) and not of Sonima. Sonima does not undertake or assume any obligation to monitor Third Party Content, Sonima does not guarantee or endorse the accuracy, completeness or reliability of any Third Party Content, and Sonima assumes no responsibility or liability that may arise from any Third Party Content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
Third Party Websites
Links on the Website may lead to websites, web pages and/or resources (“Third Party Sites”) provided and maintained by third parties over whom Sonima has no control. Sonima is not responsible for the content of or accessibility to such Third Party Sites, and you acknowledge and agree that Sonima is not responsible for the content or accessibility to such Third Party Sites, and that Sonima does not endorse any of the content, accuracy, quality, advertising, products or other materials on or available from such Third Party Sites. You further acknowledge and agree that Sonima shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such Third Party Sites.
Disclaimers / Limitation of Liability
By using and accessing the Website, you represent that you have reviewed the Website Disclaimer regarding the Website and Website Content, which can be accessed here. Further, the Website is made available to you “AS IS,” without express or implied warranties of any kind, including but not limited to warranties of merchantability or fitness for a particular purpose. Sonima does not warrant or represent that access to the Website will be uninterrupted, that the Website Content will be free from error or that the Website or the servers on which the Website is hosted are free of viruses or other harmful components. Sonima provides no express or implied assurances or warranties with respect to any goods or services advertised or otherwise depicted, or information provided, on the Website. The Website may contain various text, images, videos, audio recordings or other content created by third parties. Due to the nature of electronic distribution and the volume of Website Content provided by third parties, there may be delays, omissions and inaccuracies in such content. Accordingly, such content is for your reference only and should not be relied upon by you for any purpose.
The Website may offer health, fitness, nutritional and related information, but such information is designed and provided for informational purposes only. No information on the Website is intended to convey medical advice and nothing on the Website constitutes or should be construed as the practice of medicine. You should not rely on any information provided on the Website as a substitute or replacement for professional medical advice, diagnosis and/or treatment FROM A LICENSED PHYSICIAN. Sonima is not responsible for any actions or inaction on your part based on the information provided on the Website.
Sonima and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for damages of any kind incurred or alleged to have been incurred by you that are in any way related to the Website, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Website. To the extent a jurisdiction does not allow the exclusion or limitation of liability of consequential or incidental damages, Sonima’s liability is limited to the fullest extent permitted by law in that jurisdiction.
Indemnification of Sonima For Any Violation of Site Terms
You agree to indemnify and hold harmless Sonima and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Site Terms or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website or your use of the Website must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action is forever barred.
Severability of Terms / Entire Agreement
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The Site Terms represent the entire agreement between Sonima and you relating to the subject matter contained herein.
Choice of Law / Jurisdiction
The Site Terms, and any dispute concerning or relating to the Website or your use of the Website, shall be governed by the laws of the United States and the State of New York, without regard to conflict of laws principles. You consent to personal jurisdiction and venue in the state and federal courts located in New York County, New York, and you shall not commence or prosecute any action except in the foregoing courts.
BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE SITE TERMS. The caption to each Section of these Site Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
Last Updated: November 7, 2014