TERMS OF SERVICE
WEBSITE USAGE IMPLIES CONSENT TO THE FOLLOWING TERMS OF SERVICE:
ACCEPTANCE OF TERMS
BY VISITING THE WEBSITE SOUNDMEDIANOW.COM , VIEWING, ACCESSING OR OTHERWISE USING ANY OF THE SERVICES OR INFORMATION CREATED, COLLECTED, COMPILED OR SUBMITTED TO SOUNDMEDIANOW.COM , YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. IF YOU DO NOT WANT TO BE BOUND BY OUR TERMS YOUR ONLY OPTION IS NOT TO VISIT, VIEW OR OTHERWISE USE THE SERVICES OF SOUNDMEDIANOW.COM . YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SOUNDMEDIANOW.COM AND THAT YOUR USE OF SOUNDMEDIANOW.COM SHALL INDICATE YOUR CONCLUSIVE ACCEPTANCE OF THIS AGREEMENT.
ACCOUNT RECURRING ONGOING SUBSCRIPTION
IF YOU HAVE SUBSCRIBED TO OUR MONTHLY AND/OR QUARTERLY SERVICE, THIS IS AN ONGOING SUBSCRIPTION WHICH RENEWS AUTOMATICALLY UNTIL CANCELLED BY YOU.
ACCOUNT CANCELLATION
YOUR ACCOUNT CAN BE CANCELLED AT ANY TIME. YOU WILL NEED TO LOG INTO YOUR ACCOUNT PROFILE AND CANCEL YOUR ACCOUNT. IT IS THE USERS RESPONSIBILITY TO CANCEL ANY SUBSCRIBED SERVICES. THERE ARE NO REFUNDS AVAILABLE FOR UNUSED SERVICES OR FOR ACCOUNTS WHICH RENEW WHEN NOT CANCELLED BY THE USER. IF YOU
YOUR SUBSCRIPTION MAY BE CANCELLED AT ANY TIME THROUGH YOUR ACCOUNT PROFILE. LOG IN TO YOUR ACCOUNT TO MANAGE YOUR ACCOUNT DETAILS, UPDATE PASSWORD AND MANAGE SUBSCRIPTIONS. CLICK ON "MANAGE SUBSCRIPTIONS". CLICK THE "CANCEL" BUTTON. CONFIRMATION MESSAGE WILL DISPLAY AND YOUR SUBSCRIPTION WILL BE CANCELLED. YOU WILL NOT BE BILLED FOR FURTHER ACCESS, HOWEVER YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF ANY TIME REMAINING ON YOUR CURRENT SUBSCRIPTION.
PROVISION OF SERVICES
YOU AGREE AND ACKNOWLEDGE THAT SOUNDMEDIANOW.COM IS ENTITLED TO MODIFY, IMPROVE OR DISCONTINUE ANY OF ITS SERVICES AT ITS SOLE DISCRETION AND WITHOUT NOTICE TO YOU EVEN IF IT MAY RESULT IN YOU BEING PREVENTED FROM ACCESSING ANY INFORMATION CONTAINED IN IT. FURTHERMORE, YOU AGREE AND ACKNOWLEDGE THAT SOUNDMEDIANOW.COM IS ENTITLED TO PROVIDE SERVICES TO YOU THROUGH SUBSIDIARIES OR AFFILIATED ENTITIES. EXAM ACCESS OPTIONS AND REQUIREMENTS ARE SPECIFIED ON EXAM PURCHASE PAGE(S) AND ALL PURCHASES ARE NON-REFUNDABLE. MONTHLY SUBSCRIPTIONS WILL BE AUTOMATICALLY RENEWED UNTIL OTHERWISE CANCELLED BY THE SUBSCRIBER.
PROPRIETARY RIGHTS
YOU ACKNOWLEDGE AND AGREE THAT SOUNDMEDIANOW.COM MAY CONTAIN PROPRIETARY AND CONFIDENTIAL INFORMATION INCLUDING TRADEMARKS, SERVICE MARKS AND PATENTS PROTECTED BY INTELLECTUAL PROPERTY LAWS AND INTERNATIONAL INTELLECTUAL PROPERTY TREATIES. SOUNDMEDIANOW.COM AUTHORIZES YOU TO VIEW AND MAKE A SINGLE COPY OF PORTIONS OF ITS CONTENT FOR OFFLINE, PERSONAL, NON-COMMERCIAL USE. OUR CONTENT MAY NOT BE SOLD, REPRODUCED, OR DISTRIBUTED WITHOUT OUR WRITTEN PERMISSION. ANY THIRD-PARTY TRADEMARKS, SERVICE MARKS AND LOGOS ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. ANY FURTHER RIGHTS NOT SPECIFICALLY GRANTED HEREIN ARE RESERVED.
SUBMITTED CONTENT
WHEN YOU SUBMIT CONTENT TO SOUNDMEDIANOW.COM YOU SIMULTANEOUSLY GRANT SOUNDMEDIANOW.COM AN IRREVOCABLE, WORLDWIDE, ROYALTY FREE LICENSE TO PUBLISH, DISPLAY, MODIFY, DISTRIBUTE AND SYNDICATE YOUR CONTENT WORLDWIDE. YOU CONFIRM AND WARRANT THAT YOU HAVE THE REQUIRED AUTHORITY TO GRANT THE ABOVE LICENSE TO SOUNDMEDIANOW.COM.
TERMINATION OF AGREEMENT
THE TERMS OF THIS AGREEMENT WILL CONTINUE TO APPLY IN PERPETUITY UNTIL TERMINATED BY EITHER PARTY WITHOUT NOTICE AT ANY TIME FOR ANY REASON. TERMS THAT ARE TO CONTINUE IN PERPETUITY SHALL BE UNAFFECTED BY THE TERMINATION OF THIS AGREEMENT.
DISCLAIMER
YOU UNDERSTAND AND AGREE THAT YOUR USE OF SOUNDMEDIANOW.COM IS ENTIRELY AT YOUR OWN RISK AND THAT OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. SOUNDMEDIANOW.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, ENDORSEMENTS OR REPRESENTATIONS WHATSOEVER AS TO THE OPERATION OF THE SOUNDMEDIANOW.COM WEBSITE, INFORMATION, CONTENT, MATERIALS, OR PRODUCTS. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
EXAM/COURSE DISPLAY AND ACCESS
DISPLAY OF THE EXAM AND/OR COURSE DOES NOT REQUIRE ANY SPECIAL SOFTWARE DOWNLOADS OR DEVICE. USERS ARE ABLE TO LOG IN AND ACCESS QUIZ AND/OR COURSE ANYWHERE AND FROM MOST WEB CAPABLE DEVICES. WE CANNOT GUARANTEE THE DISPLAY ON INDIVIDUAL DEVICES BUT HAVE THOROUGHLY TESTED DISPLAY OF QUIZ AND/OR COURSE CONTENT ACROSS A WIDE VARIETY OF DEVICES AND OPERATING PLATFORMS. WHILE QUIZ AND/OR COURSE CONTENT WILL DISPLAY ON MOST WEB CAPABLE DEVICES, SOME EMPLOYERS OR FACILITIES MAY ONLY ALLOW SPECIFIC WEBSITES TO BE VIEWED AND MAY USE FIREWALL OR OTHER BLOCKING METHODS TO PROHIBIT EMPLOYEES FROM ACCESSING OUTSIDE WEBSITES. THIS IS BEYOND OUR CONTROL AND WE ARE NOT RESPONSIBLE IF OUR WEBSITE(S) ARE NOT LISTED WITHIN YOUR EMPLOYERS “TRUSTED WEBSITES” ALLOWED THROUGH FIREWALL SETTINGS. WHILE QUIZ AND/OR COURSE CONTENT WILL DISPLAY ON MOST WEB CAPABLE DEVICES WE CANNOT GUARANTEE THAT YOUR DEVICE WILL DISPLAY EXAM/COURSE CONTENT AND CANNOT SUPPORT INDIVIDUAL DEVICES. WE RECOMMEND THAT ALL USERS UTILIZE GOOGLE CHROME INTERNET BROWSER, REGARDLESS OF DEVICE, AS OUR SITE IS BEST DISPLAYED ON THIS BROWSER. WE CANNOT PROVIDE TECHNICAL SUPPORT SPECIFIC TO ANY OTHER BROWSER AND CANNOT WARRANT THAT EXAM/COURSE WILL DISPLAY PROPERLY ON ANY OTHER BROWSER. ONLY ONE DEVICE/IP ADDRESS WILL BE ALLOWED TO ACCESS YOUR ACCOUNT AT THE SAME TIME. ALL ACCOUNTS ARE HIGHLY MONITORED FOR PASSWORD SHARING AND IP ADDRESS ACCESS. PASSWORD SHARING IS STRICTLY PROHIBITED AND USERS ARE RESPONSIBLE FOR ALL ACCOUNT ACTIVITY. ANY SUSPICIOUS ACTIVITY OF PASSWORD SHARING AND/OR SOFTWARE PIRATING WILL RESULT IN IMMEDIATE ACCOUNT TERMINATION WITH NO REFUNDS AND WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW. AS IMMEDIATE EXAM/COURSE ACCESS IS GRANTED UPON PAYMENT, ALL PURCHASES ARE NON-REFUNDABLE.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT SOUNDMEDIANOW.COM AND ANY OF ITS SUBSIDIARIES OR AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, BUSINESS REPUTATION OR GOODWILL, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF SUCH SERVICE OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION. THE ABOVE LIMITATION SHALL APPLY WHETHER OR NOT SOUNDMEDIANOW.COM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF SOUNDMEDIANOW.COM IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
EXTERNAL CONTENT
SOUNDMEDIANOW.COM MAY INCLUDE HYPERLINKS TO THIRD-PARTY CONTENT, ADVERTISING OR WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT SOUNDMEDIANOW.COM IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE ANY ADVERTISING, PRODUCTS OR RESOURCE AVAILABLE FROM SUCH RESOURCES OR WEBSITES.
JURISDICTION
YOU EXPRESSLY UNDERSTAND AND AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS OF THE COUNTRY, STATE, PROVINCE OR TERRITORY DETERMINED SOLELY BY SOUNDMEDIANOW.COM TO RESOLVE ANY LEGAL MATTER ARISING FROM THIS AGREEMENT OR RELATED TO YOUR USE OF SOUNDMEDIANOW.COM . IF THE COURT OF LAW HAVING JURISDICTION, RULES THAT ANY PROVISION OF THE AGREEMENT IS INVALID, THEN THAT PROVISION WILL BE REMOVED FROM THE TERMS AND THE REMAINING TERMS WILL CONTINUE TO BE VALID.
OVERVIEW
THIS WEBSITE IS OPERATED BY ALL ABOUT ULTRASOUND. THROUGHOUT THE SITE, THE TERMS “WE”, “US” AND “OUR” REFER TO ALL ABOUT ULTRASOUND AND IT'S SUBSIDARIES (SOUNDMEDIANOW.COM). ALL ABOUT ULTRASOUND OFFERS THIS WEBSITE, INCLUDING ALL INFORMATION, TOOLS AND SERVICES AVAILABLE FROM THIS SITE TO YOU, THE USER, CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS, CONDITIONS, POLICIES AND NOTICES STATED HERE. BY VISITING OUR SITE AND/ OR PURCHASING SOMETHING FROM US, YOU ENGAGE IN OUR “SERVICE” AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE”, “TERMS”), INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS, AND/ OR CONTRIBUTORS OF CONTENT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE. ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO THE CURRENT STORE SHALL ALSO BE SUBJECT TO THE TERMS OF SERVICE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME ON THIS PAGE. WE RESERVE THE RIGHT TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS OF SERVICE BY POSTING UPDATES AND/OR CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF THOSE CHANGES. OUR STORE IS HOSTED ON THROUGH SEVERAL ONLINE VENDORS WHICH PROVIDE US WITH THE ONLINE E-COMMERCE PLATFORM THAT ALLOWS US TO SELL OUR PRODUCTS AND SERVICES TO YOU.
ONLINE STORE TERMS
BY AGREEING TO THESE TERMS OF SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE, OR THAT YOU ARE THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE AND YOU HAVE GIVEN US YOUR CONSENT TO ALLOW ANY OF YOUR MINOR DEPENDENTS TO USE THIS SITE. YOU MAY NOT USE OUR PRODUCTS FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE NOR MAY YOU, IN THE USE OF THE SERVICE, VIOLATE ANY LAWS IN YOUR JURISDICTION (INCLUDING BUT NOT LIMITED TO COPYRIGHT LAWS). YOU MUST NOT TRANSMIT ANY WORMS OR VIRUSES OR ANY CODE OF A DESTRUCTIVE NATURE. A BREACH OR VIOLATION OF ANY OF THE TERMS WILL RESULT IN AN IMMEDIATE TERMINATION OF YOUR SERVICES.
GENERAL CONDITIONS
WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME. YOU UNDERSTAND THAT YOUR CONTENT (NOT INCLUDING CREDIT CARD INFORMATION), MAY BE TRANSFERRED UNENCRYPTED AND INVOLVE (A) TRANSMISSIONS OVER VARIOUS NETWORKS; AND (B) CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. CREDIT CARD INFORMATION IS ALWAYS ENCRYPTED DURING TRANSFER OVER NETWORKS. YOU AGREE NOT TO REPRODUCE, DUPLICATE, COPY, SELL, RESELL OR EXPLOIT ANY PORTION OF THE SERVICE, USE OF THE SERVICE, OR ACCESS TO THE SERVICE OR ANY CONTACT ON THE WEBSITE THROUGH WHICH THE SERVICE IS PROVIDED, WITHOUT EXPRESS WRITTEN PERMISSION BY US. THE HEADINGS USED IN THIS AGREEMENT ARE INCLUDED FOR CONVENIENCE ONLY AND WILL NOT LIMIT OR OTHERWISE AFFECT THESE TERMS.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
WE ARE NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THIS SITE IS NOT ACCURATE, COMPLETE OR CURRENT. THE MATERIAL ON THIS SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION. ANY RELIANCE ON THE MATERIAL ON THIS SITE IS AT YOUR OWN RISK. THIS SITE MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THIS SITE AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO OUR SITE.
MODIFICATIONS TO THE SERVICE AND PRICES
PRICES FOR OUR PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE RESERVE THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PART OR CONTENT THEREOF) WITHOUT NOTICE AT ANY TIME. WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
PRODUCTS OR SERVICES
CERTAIN PRODUCTS OR SERVICES MAY BE AVAILABLE EXCLUSIVELY ONLINE THROUGH THE WEBSITE. THESE PRODUCTS OR SERVICES MAY HAVE LIMITED QUANTITIES AND ARE SUBJECT TO RETURN OR EXCHANGE ONLY ACCORDING TO OUR RETURN POLICY (IF AVAILABLE). WE HAVE MADE EVERY EFFORT TO DISPLAY AS ACCURATELY AS POSSIBLE THE COLORS AND IMAGES OF OUR PRODUCTS THAT APPEAR AT THE STORE. WE CANNOT GUARANTEE THAT YOUR COMPUTER MONITOR’S DISPLAY OF ANY COLOR WILL BE ACCURATE. WE RESERVE THE RIGHT, BUT ARE NOT OBLIGATED, TO LIMIT THE SALES OF OUR PRODUCTS OR SERVICES TO ANY PERSON, GEOGRAPHIC REGION OR JURISDICTION. WE MAY EXERCISE THIS RIGHT ON A CASE-BY-CASE BASIS.
WE RESERVE THE RIGHT TO REPLACE ANY PHYSICAL CD PURCHASE WITH DOWNLOADABLE DIGITAL CONTENT IF WARRANTED. WE RESERVE THE RIGHT TO LIMIT THE QUANTITIES OF ANY PRODUCTS OR SERVICES THAT WE OFFER. ALL DESCRIPTIONS OF PRODUCTS OR PRODUCT PRICING ARE SUBJECT TO CHANGE AT ANYTIME WITHOUT NOTICE, AT THE SOLE DISCRETION OF US. WE RESERVE THE RIGHT TO DISCONTINUE ANY PRODUCT AT ANY TIME. ANY OFFER FOR ANY PRODUCT OR SERVICE MADE ON THIS SITE IS VOID WHERE PROHIBITED. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
WE RESERVE THE RIGHT TO REFUSE ANY ORDER YOU PLACE WITH US. 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. IN THE EVENT THAT WE MAKE A CHANGE TO OR CANCEL AN ORDER, WE MAY ATTEMPT TO NOTIFY YOU BY CONTACTING THE E-MAIL AND/OR BILLING ADDRESS/PHONE NUMBER PROVIDED AT THE TIME THE ORDER WAS MADE. WE RESERVE THE RIGHT TO LIMIT OR PROHIBIT ORDERS THAT, IN OUR SOLE JUDGMENT, APPEAR TO BE PLACED BY DEALERS, RESELLERS OR DISTRIBUTORS. YOU AGREE TO PROVIDE CURRENT, COMPLETE AND ACCURATE PURCHASE AND ACCOUNT INFORMATION FOR ALL PURCHASES MADE AT OUR STORE. YOU AGREE TO PROMPTLY UPDATE YOUR ACCOUNT AND OTHER INFORMATION, INCLUDING YOUR EMAIL ADDRESS AND CREDIT CARD NUMBERS AND EXPIRATION DATES, SO THAT WE CAN COMPLETE YOUR TRANSACTIONS AND CONTACT YOU AS NEEDED.
FOR MORE DETAIL, PLEASE REVIEW OUR RETURNS POLICY.
OPTIONAL TOOLS
WE MAY PROVIDE YOU WITH ACCESS TO THIRD-PARTY TOOLS OVER WHICH WE NEITHER MONITOR NOR HAVE ANY CONTROL NOR INPUT. YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE ACCESS TO SUCH TOOLS ”AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND AND WITHOUT ANY ENDORSEMENT. WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF OPTIONAL THIRD-PARTY TOOLS. ANY USE BY YOU OF OPTIONAL TOOLS OFFERED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOU SHOULD ENSURE THAT YOU ARE FAMILIAR WITH AND APPROVE OF THE TERMS ON WHICH TOOLS ARE PROVIDED BY THE RELEVANT THIRD-PARTY PROVIDER(S). WE MAY ALSO, IN THE FUTURE, OFFER NEW SERVICES AND/OR FEATURES THROUGH THE WEBSITE (INCLUDING, THE RELEASE OF NEW TOOLS AND RESOURCES). SUCH NEW FEATURES AND/OR SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.
THIRD-PARTY LINKS
CERTAIN CONTENT, PRODUCTS AND SERVICES AVAILABLE VIA OUR SERVICE MAY INCLUDE MATERIALS FROM THIRD-PARTIES. THIRD-PARTY LINKS ON THIS SITE MAY DIRECT YOU TO THIRD-PARTY WEBSITES THAT ARE NOT AFFILIATED WITH US. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY AND WE DO NOT WARRANT AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD-PARTIES. WE ARE NOT LIABLE FOR ANY HARM OR DAMAGES RELATED TO THE PURCHASE OR USE OF GOODS, SERVICES, RESOURCES, CONTENT, OR ANY OTHER TRANSACTIONS MADE IN CONNECTION WITH ANY THIRD-PARTY WEBSITES. PLEASE REVIEW CAREFULLY THE THIRD-PARTY’S POLICIES AND PRACTICES AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU ENGAGE IN ANY TRANSACTION. COMPLAINTS, CLAIMS, CONCERNS, OR QUESTIONS REGARDING THIRD-PARTY PRODUCTS SHOULD BE DIRECTED TO THE THIRD-PARTY.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
IF, AT OUR REQUEST, YOU SEND CERTAIN SPECIFIC SUBMISSIONS (FOR EXAMPLE CONTEST ENTRIES) OR WITHOUT A REQUEST FROM US YOU SEND CREATIVE IDEAS, SUGGESTIONS, PROPOSALS, PLANS, OR OTHER MATERIALS, WHETHER ONLINE, BY EMAIL, BY POSTAL MAIL, OR OTHERWISE (COLLECTIVELY, ‘COMMENTS’), YOU AGREE THAT WE MAY, AT ANY TIME, WITHOUT RESTRICTION, EDIT, COPY, PUBLISH, DISTRIBUTE, TRANSLATE AND OTHERWISE USE IN ANY MEDIUM ANY COMMENTS THAT YOU FORWARD TO US. WE ARE AND SHALL BE UNDER NO OBLIGATION (1) TO MAINTAIN ANY COMMENTS IN CONFIDENCE; (2) TO PAY COMPENSATION FOR ANY COMMENTS; OR (3) TO RESPOND TO ANY COMMENTS. WE MAY, BUT HAVE NO OBLIGATION TO, MONITOR, EDIT OR REMOVE CONTENT THAT WE DETERMINE IN OUR SOLE DISCRETION ARE UNLAWFUL, OFFENSIVE, THREATENING, LIBELOUS, DEFAMATORY, PORNOGRAPHIC, OBSCENE OR OTHERWISE OBJECTIONABLE OR VIOLATES ANY PARTY’S INTELLECTUAL PROPERTY OR THESE TERMS OF SERVICE. YOU AGREE THAT YOUR COMMENTS WILL NOT VIOLATE ANY RIGHT OF ANY THIRD-PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, PERSONALITY OR OTHER PERSONAL OR PROPRIETARY RIGHT. YOU FURTHER AGREE THAT YOUR COMMENTS WILL NOT CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL, OR CONTAIN ANY COMPUTER VIRUS OR OTHER MALWARE THAT COULD IN ANY WAY AFFECT THE OPERATION OF THE SERVICE OR ANY RELATED WEBSITE. YOU MAY NOT USE A FALSE E-MAIL ADDRESS, PRETEND TO BE SOMEONE OTHER THAN YOURSELF, OR OTHERWISE MISLEAD US OR THIRD-PARTIES AS TO THE ORIGIN OF ANY COMMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY COMMENTS YOU MAKE AND THEIR ACCURACY. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY COMMENTS POSTED BY YOU OR ANY THIRD-PARTY.
PERSONAL INFORMATION/PRIVACY
YOUR SUBMISSION OF PERSONAL INFORMATION THROUGH THE STORE IS GOVERNED BY OUR PRIVACY POLICY.
ERRORS, INACCURACIES AND OMISSIONS
OCCASIONALLY THERE MAY BE INFORMATION ON OUR SITE OR IN THE SERVICE THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, PRODUCT SHIPPING CHARGES, TRANSIT TIMES AND AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE OR REFRESH DATE APPLIED IN THE SERVICE OR ON ANY RELATED WEBSITE, SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE HAS BEEN MODIFIED OR UPDATED.
PROHIBITED USES
IN ADDITION TO OTHER PROHIBITIONS AS SET FORTH IN THE TERMS OF SERVICE, YOU ARE PROHIBITED FROM USING THE SITE OR ITS CONTENT: (A) FOR ANY UNLAWFUL PURPOSE; (B) TO SOLICIT OTHERS TO PERFORM OR PARTICIPATE IN ANY UNLAWFUL ACTS; (C) TO VIOLATE ANY INTERNATIONAL, FEDERAL, PROVINCIAL OR STATE REGULATIONS, RULES, LAWS, OR LOCAL ORDINANCES; (D) TO INFRINGE UPON OR VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS; (E) TO HARASS, ABUSE, INSULT, HARM, DEFAME, SLANDER, DISPARAGE, INTIMIDATE, OR DISCRIMINATE BASED ON GENDER, SEXUAL ORIENTATION, RELIGION, ETHNICITY, RACE, AGE, NATIONAL ORIGIN, OR DISABILITY; (F) TO SUBMIT FALSE OR MISLEADING INFORMATION; (G) TO UPLOAD OR TRANSMIT VIRUSES OR ANY OTHER TYPE OF MALICIOUS CODE THAT WILL OR MAY BE USED IN ANY WAY THAT WILL AFFECT THE FUNCTIONALITY OR OPERATION OF THE SERVICE OR OF ANY RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET; (H) TO COLLECT OR TRACK THE PERSONAL INFORMATION OF OTHERS; (I) TO SPAM, PHISH, PHARM, PRETEXT, SPIDER, CRAWL, OR SCRAPE; (J) FOR ANY OBSCENE OR IMMORAL PURPOSE; OR (K) TO INTERFERE WITH OR CIRCUMVENT THE SECURITY FEATURES OF THE SERVICE OR ANY RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF THE SERVICE OR ANY RELATED WEBSITE FOR VIOLATING ANY OF THE PROHIBITED USES.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN NO CASE SHALL ALL ABOUT ULTRASOUND, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ALL ABOUT ULTRASOUND AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.
SEVERABILITY
IN THE EVENT THAT ANY PROVISION OF THESE TERMS OF SERVICE IS DETERMINED TO BE UNLAWFUL, VOID OR UNENFORCEABLE, SUCH PROVISION SHALL NONETHELESS BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE UNENFORCEABLE PORTION SHALL BE DEEMED TO BE SEVERED FROM THESE TERMS OF SERVICE, SUCH DETERMINATION SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY OTHER REMAINING PROVISIONS.
TERMINATION
THE OBLIGATIONS AND LIABILITIES OF THE PARTIES INCURRED PRIOR TO THE TERMINATION DATE SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ALL PURPOSES. THESE TERMS OF SERVICE ARE EFFECTIVE UNLESS AND UNTIL TERMINATED BY EITHER YOU OR US. YOU MAY TERMINATE THESE TERMS OF SERVICE AT ANY TIME BY NOTIFYING US THAT YOU NO LONGER WISH TO USE OUR SERVICES, OR WHEN YOU CEASE USING OUR SITE. IF IN OUR SOLE JUDGMENT YOU FAIL, OR WE SUSPECT THAT YOU HAVE FAILED, TO COMPLY WITH ANY TERM OR PROVISION OF THESE TERMS OF SERVICE, WE ALSO MAY TERMINATE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE AND YOU WILL REMAIN LIABLE FOR ALL AMOUNTS DUE UP TO AND INCLUDING THE DATE OF TERMINATION; AND/OR ACCORDINGLY MAY DENY YOU ACCESS TO OUR SERVICES (OR ANY PART THEREOF).
ENTIRE AGREEMENT
THE FAILURE OF US TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. THESE TERMS OF SERVICE AND ANY POLICIES OR OPERATING RULES POSTED BY US ON THIS SITE OR IN RESPECT TO THE SERVICE CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND US AND GOVERN YOUR USE OF THE SERVICE, SUPERSEDING ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS, COMMUNICATIONS AND PROPOSALS, WHETHER ORAL OR WRITTEN, BETWEEN YOU AND US (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS OF SERVICE). ANY AMBIGUITIES IN THE INTERPRETATION OF THESE TERMS OF SERVICE SHALL NOT BE CONSTRUED AGAINST THE DRAFTING PARTY. YOU UNDERSTAND AND AGREE THAT THE ABOVE TERMS CONSTITUTE THE ENTIRE GENERAL AGREEMENT BETWEEN YOU AND SOUNDMEDIANOW.COM . YOU MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS WHEN YOU USE, PURCHASE OR ACCESS OTHER SERVICES, AFFILIATE SERVICES OR THIRD-PARTY CONTENT OR MATERIAL.
GOVERNING LAW
THESE TERMS OF SERVICE AND ANY SEPARATE AGREEMENTS WHEREBY WE PROVIDE YOU SERVICES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA.
CHANGES TO TERMS OF SERVICE
YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME AT THIS PAGE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS OF SERVICE BY POSTING UPDATES AND CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK OUR WEBSITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO OUR WEBSITE OR THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS OF SERVICE CONSTITUTES ACCEPTANCE OF THOSE CHANGES. SOUNDMEDIANOW.COM RESERVES THE RIGHT TO MODIFY THESE TERMS FROM TIME TO TIME AT OUR SOLE DISCRETION AND WITHOUT ANY NOTICE. CHANGES TO OUR TERMS BECOME EFFECTIVE ON THE DATE THEY ARE POSTED AND YOUR CONTINUED USE OF SOUNDMEDIANOW.COM AFTER ANY CHANGES TO TERMS WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THEM.
CONTACT INFORMATION
QUESTIONS ABOUT THE TERMS OF SERVICE SHOULD BE SENT TO US ATSound Media, Inc.
soundmediainc@gmail.com
UPDATED SEP 2021
