1. Access Eligibility and Capacity. You must be at least eighteen (18) years of age to submit information to this Website and to use the Services. Sonority Group’s Services are available only to individuals who can form legally binding contracts under applicable law. Sonority Group reserves the right to refuse access to, or use of our Website or Services to anyone not complying with this Agreement, at any time, in its sole discretion.
2. Communications. By submitting any request on the Website, You agree that Sonority Group may communicate with You, and You consent to receive e-mails, phone calls, and electronic communications from Sonority Group. Specifically, You agree by submitting Your phone number, You are consenting to receive phone calls from Sonority Group at the phone numbers(s) submitted, including Your wireless number if provided.
4. Ownership of Content. You acknowledge that all the intellectual property rights in the Website, Services, and related Content are owned by Sonority Group or its partners. You agree: (a) not to reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Website or Services or related Content; and (b) not to rent, lease, loan, or sell access to the Services. For this Agreement “Content” means any images, material, works of authorship, and information found on the Website.
5. Grant of License. Sonority Group, to the extent it has such rights, hereby grants to You a limited, revocable, non-sublicensable license to download, view, copy and print the Content on the Website solely for Your personal use in connection with using the Services and for no other purposes.
6. User Comments. This Website may permit Users to submit comments on blog entries and in other certain areas of the Website. Sonority Group does not control such comments. Therefore, You agree that: (a) Sonority Group is not responsible for the content of any comment submitted to the Website, including information about any third party provided by a User; (b) Sonority Group makes no guarantees about the accuracy, currency, suitability, or quality of the information in such comments, and (c) Sonority Group assumes no responsibility whatsoever for unintended, objectionable, inaccurate, misleading, or unlawful comments made by a User.
8. Use of User Information. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect Users from such advertising or solicitation, Sonority Group reserves the right to restrict the number of comments which a User may post to the Website.
9. Prohibited Content. In submitting to an online survey or posting comments to the Website, You agree that You will not submit or post any Prohibited Content. “Prohibited Content” is Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) posts or distributes information which would violate any confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers; or (x) otherwise violates the terms of this Agreement or creates liability for Sonority Group.
11. Lawful Use. You will use the Website and Services in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes.
12. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. SONORITY GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SONORITY GROUP MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE.
13. Limitation of Liability. YOU AGREE THAT THIS WEBSITE, SONORITY GROUP, ITS OWNERS, OFFICERS, AND EMPLOYEES SHALL IN NO WAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES; YOUR RELIANCE ON THE INFORMATION FOUND ON THIS WEBSITE; OR IN ANY OTHER WAY ARISING FROM YOUR USE OF THIS WEBSITE, EVEN IF SONORITY GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
14. Indemnification. You agree to indemnify and hold harmless this Website, Sonority Group, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that You have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of this Agreement, or any other claim related to Your use of the Services.
15. Governing Law and Venue. Your use of the Website and this Agreement shall be governed by the laws of the State of Tennessee where permitted. Should a dispute arise concerning this Agreement or the breach of this Agreement by any party, such dispute shall be brought in a court of competent jurisdiction in Williamson County, Tennessee. To the extent permitted by law, You agree that You will not bring, join, or participate in any class action lawsuit as to any claim, dispute, or controversy that You may have against Sonority Group. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit.
16. Attorneys’ Fees. In the event that Sonority Group must bring legal action in order to enforce this Agreement or You bring legal action against Sonority Group, and if Sonority Group prevails, You shall pay Sonority Group’s costs of litigation, including reasonable attorneys’ fees and court costs.
17. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Sonority Group without restriction.
18. Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.