Terms of service.

Please read the following terms of use (“Terms”) carefully as they affect your legal rights. These terms require binding arbitration on an individual basis to resolve disputes. Your use of the Site constitutes your agreement to follow and be bound by these terms.

The Soundly Supported website (“Site”) is owned and operated by Soundly Supported LLC (“the Company,” “we” or “us”). The Site is intended to be used by parties who wish to learn about or communicate with us (“you,” or as the context provides, “your”). 

These Terms state the terms and conditions on which the Site is made available to you, and of your access and/or use of this Site. They are a binding agreement between the Company and you. These Terms shall remain effective at all times until you cease your use of this Site, subject to the survivability provisions stated herein. 

Subject to these Terms, you may use the Site and its content for your personal, non-commercial purposes. You agree not to access the Site by any means other than the interface provided by the Company. You may be required to register an account with the Company in order to access certain features of the Site. You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms.

Privacy
The Site’s Privacy Policy (“Privacy Policy”), available at www.soundlysupported.com/privacy-policy, applies to any use of the Site, and its terms are hereby incorporated and made a part of these Terms of Use.

Access and Use
You agree to notify the Company immediately of all unauthorized use of the Site and if the security or secrecy of the Site has been compromised due to your actions. You may be held responsible for any losses incurred by the Company or any other user of the Site that are in any way related to your violation of these Terms. You are solely responsible for ensuring that your use of the Site is in compliance with these Terms and applicable laws.

No Medical Advice or Emergency Response
The Site, and any content therein, shall under no circumstances be construed as a substitute for medical diagnosis or treatment by a professional healthcare provider, and shall under no circumstance be construed as a recommendation or endorsement of any healthcare providers or treatments. Your reliance on any information posted on the Site is at your own risk. The Site is not meant for use in emergency or urgent situations; in any such situation you should immediately contact your local emergency services. 

Proprietary Rights
The Company’s trademarks and branding may be used only with our prior written permission. Any third party trademark(s) that appear on the Site are the property of their respective owner(s). All information contained in the Site, including, without limitation, design, animations, text, illustrations, audio, data, images, music, photographs, video graphics, and the selection and arrangement thereof (the “Content”), are owned and/or controlled by Company and/or its affiliates, and protected by worldwide copyright, trademark and other intellectual property laws. Under no circumstances shall the name of the Company be used in any advertising or publicity without our prior written permission. All images used on this Site are owned or licensed by the Company for use on this Site only. Unauthorized use is prohibited.

Links to Third Party Sites
The Site may also contain links to websites of third parties who may or may not be affiliated with the Company (“Linked Sites”). We do not own or have any control over the Linked Sites and are not responsible for the content or links posted thereon, or any changes or updates to Linked Sites. We are not bound by the terms and conditions, if any, of Linked Sites, nor do we make any endorsements of Linked Sites. Under no circumstance shall the Company be held liable for any direct or indirect damage resulting from your visit to or use of a Linked Site or its products and services.

Information Provided to the Site
Company acknowledges and agrees that the data or information that is compiled or passed through the Site that specifically relates to you, and all rights, title and interest therein, is and shall remain your exclusive property.  Notwithstanding the aforesaid, to the extent permitted by the Privacy Policy and any other applicable laws and regulations, you agree to grant Company an irrevocable, perpetual license to use the data, in a de-identified format, for research and development purposes. You warrant and represent that the information you provide on the Site is up to date, complete and accurate.  If you post or transmit any content through the Site, you are responsible for ensuring that this content is lawful, does not infringe on any other party’s intellectual property rights, and is not harmful.  We reserve the right to remove any content that violates these provisions.

Prohibited Conduct
In addition to any conduct expressly prohibited by these Terms, during your access and use of the Site, you agree that you will not: (a) access or attempt to access the Site by any means other than through the interface provided by the Company; (b) use the Site to send unsolicited, offensive, or unauthorized material; (c) disrupt networks connected to the Site; or (d) attempt to interfere with the service to any user, host, or network.

Termination
The Company may terminate your access to any part or all of the Site at any time, with or without cause and with or without notice.

Modifications to Terms of Use
We reserve the right to change the Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on the Site. You are responsible for regularly reviewing the Site to keep track of any changes or modifications. Continued use of the Site after any such changes shall constitute your consent to such changes.

DISCLAIMERS, EXCLUSIONS AND LIMITATIONS:
As used below in this section, “Company” refers to the owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, and suppliers of Soundly Supported LLC.

DISCLAIMER OF WARRANTIES
THE SITE, ITS CONTENT AND ANY INFORMATION INCLUDED ON OR PROVIDED THROUGH THE SITE IS PRESENTED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE COMPANY OR THE THIRD PARTIES MENTIONED ON THE SITE BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY CHARACTER WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SITE AND/OR ITS CONTENT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, WHETHER IN AN ACTION IN BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR TORT OR ANY OTHER THEORY OF LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification
You agree to defend, indemnify, and hold the Company and our officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or your violation of these Terms.

DISCLAIMERS, EXCLUSIONS AND LIMITATIONS:

As used below in this section, “Company” refers to the owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, and suppliers of Soundly Supported LLC.

DISCLAIMER OF WARRANTIES

THE SITE, ITS CONTENT AND ANY INFORMATION INCLUDED ON OR PROVIDED THROUGH THE SITE IS PRESENTED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE COMPANY OR THE THIRD PARTIES MENTIONED ON THE SITE BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY CHARACTER WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SITE AND/OR ITS CONTENT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, WHETHER IN AN ACTION IN BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR TORT OR ANY OTHER THEORY OF LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Accessibility

Company is committed to ensuring that our website is accessible to everyone, including people with disabilities. We strive to maintain compliance with applicable standards and guidelines.

Miscellaneous
These Terms of Use shall be governed, construed and applied in all respects by the laws of the State of Indiana, without regard to any provision governing conflicts of law.  Any disputes arising under these Terms will be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. These Terms of Use and the Privacy Policy constitute the entire agreement between you and the Company with regard to your access and use of the Site.