Terms of Use

In using the Sonic Active Website and the Sonic Active App, you must agree to the following which make up part of and are incorporated into the general website Terms of Use.

  1. The App is for personal use only. Playback or broadcasting of the workouts to non-subscribing members of Sonic Active so that they can utilise the tracks is prohibited. 
  2. The Music in the Sonic Active App is strictly licensed, not sold, for your personal use through the App. You do not own a copy of the music. You have no rights to use the music in any way beyond that of the App and its intended use. 
  3. You are not permitted to reproduce, copy, capture, record, duplicate, distribute, license, or in any way remove the music, whether in digital or analogue form, from the App or the Site. 
  4. Please make sure that you are healthy enough to undertake exercise. Rowing is a strenuous and vigorous workout and we are not responsible for injuries incurred while using our App. Always seek advice from a medical expert before commencing a workout if there is any doubt about your physical well-being.
  5. We cannot be held responsible for damages or loss of your devices while using our App. When using our service on or near water, it is your responsibility to ensure the security of your devices from both water impregnation or submergence.
  6. Any ways of securing your device, whether to an object or person, or from damage by water or liquids, are provided as guidance only and do not guarantee the security of your devices or of your person. Your use of these ways to secure your devices into a boat, or to your body, is understood by you to be your own responsibility. 

Terms of Use as of January 3rd 2015

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

GENERAL
These Terms of Use apply to any website or mobile application operated by or on behalf of SONIC MAESTROS, INC., including SONIC ACTIVE and any other sites or mobile applications at which this Policy appears. Any such site or mobile application is referred to in this Policy as the “Site”. This Site is operated by, or on behalf of, SONIC MAESTROS, INC. or its affiliates or agents (“SONIC MAESTROS” or “SONIC ACTIVE” or “we”). By using this Site, you signify your agreement to these Terms of Use as well as the terms of our Privacy Policy and Cookie Policy which are hereby incorporated by reference into these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site. We reserve the right, at our discretion, to change, modify, add to, or remove portions of these Terms of Use at any time without notice. We suggest that you review these Terms of Use periodically for changes. Your use of this Site after the posting of changes to these Terms of Use will mean you accept the changes. SONIC MAESTROS may also offer other services from time to time that are governed by different terms and conditions of use. In the event there is an inconsistency between the Terms of Use of the website and the mobile application, the website shall prevail.

YOUR REPRESENTATIONS AND WARRANTIES
With respect to these Terms of Use and any other agreement that you seek to conclude through use of this Site, you represent, warrant and covenant that:

  1. You are at least 18 years old (or the applicable age of majority in your jurisdiction if such age of majority is greater than 18).
  2. You have the legal capacity and authority, as well as any necessary consents and permissions, to enter into such agreement.
  3. You are not aware of any reason why such agreement would be unenforceable by SONIC ACTIVE.

NON-UNITED STATES RESIDENTS
SONIC ACTIVE makes no representation that materials in the Site or Services, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations outside the United States. Those who choose to access this Site or Services from other locations outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

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MONITORING OF WEB SITE
We reserve the right to monitor any and all use of this Site. We are under no obligation to do so and assume no responsibility or liability arising from our doing so or omission to do so. We may monitor use of this Site to evaluate quality of service, compliance with these Terms of Use, the security of the Site, or for other lawful reasons. SONIC ACTIVE reserves the right to cooperate fully with law enforcement authorities or court orders directing or requesting us to disclose the identity of anyone who may use this Site for an improper purpose. We may also disclose such information if we have a good faith belief that such disclosure is reasonably necessary to protect the rights, property or personal safety of SONIC ACTIVE, our third party licensors, customers or the public. You agree that you will not be entitled to any cause of action or other right with respect to us concerning such monitoring activities.
Please visit our Cookie Policy for information regarding our use of Cookies.

THIRD-PARTY CONTENT
Please exercise discretion while browsing the Internet or using this Site. You should be aware that while using this Site you could be directed to other web sites by links and other features found on this Site. If you click on those links or other features, you may be visiting a web site that is not owned or operated by SONIC ACTIVE and over which SONIC ACTIVE has no control. For example, if you click on a banner advertisement, the click may take you to the web site of a company that is not related to SONIC ACTIVE and over which SONIC ACTIVE has no control. This includes links from advertisers, sponsors, content partners and other users that may use our logo(s) as part of a co-branding or affiliate agreement.

SONIC ACTIVE is in no way responsible for the content or availability of information found on any web site owned by a third party that may be linked to this Site by a hyperlink, whether such hyperlink is provided by SONIC ACTIVE or by a third party. By providing access to third party web sites or advertisements, SONIC ACTIVE is not endorsing the products or services provided by the owner or operator of such web sites. Consequently, we will not be liable or responsible for the accuracy, relevancy, reliability, copyright compliance, legality or decency of material contained in third party web sites linked to this Site. We cannot ensure that you will be satisfied with any products or services you purchase from a third party web site that links to or from this Site or that you purchase through third party advertising or content on this Site. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to the products, services and content of third party web sites, including third party web sites accessible by links from this Site. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.

RESTRICTIONS ON USE
You may not do any of the following directly or indirectly:

  • Use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction conducted on this Site. 
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. 
  • Use devices (including software) that are designed to probe, scan, or test the vulnerability of any system or network related in any way to this Site. 
  • Transmit to this Site, or use this Site, to transmit any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware of telecommunications equipment. 
  • Redeliver any of the pages, text, images, or other content of this Site using "framing" technology. 
  • Collect or store personal data about other visitors to this Site.
  • Create a link from a web site to any page of this Site unless the user or the operator of the other web site has executed our then standard agreement for the granting of permission to establish such a link. 

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SUBSCRIPTIONS, PAYMENTS AND AUTHORIZATIONS
We offer subscription based membership to our products and services and reserve the right to change the subscriptions, products and services available at any time. Subscriptions, products and services named below constitute an example of such which may or may not exist on the Site at the exact point of purchase but may yet exist or have existed. Subscriptions, products and services which state that they have recurring payments at the point of sale shall be handled as described in the sections below. Subscriptions, products and services which do not state at point of sale that they have recurring payments will be considered ONE-TIME PAYMENTS (also described below). 

ANNUAL RECURRING PAYMENTS
If you have purchased an annual subscription online your credit/debit/charge card indicated in the registration process will be fully charged upon sign up, unless you have chosen an installment plan. If you purchased an annual subscription with no installment plan the full amount for the year is due at the time of completion of the registration. All annual subscriptions renew automatically, unless canceled by the user at least thirty (30) days prior to the end of the then current subscription term. If the renewal charge fails, the subscription will expire. You are responsible for keeping your credit card information correct and up to date. If the renewal charge fails, as a courtesy, we will keep the subscription active for 30 days and attempt to obtain new billing information. During that 30-day period, we will attempt to charge the card on file daily until the information is updated or the subscription is canceled by the user via email our contact form and select the 'cancellations' heading.

INSTALLMENTS FOR ANNUAL RECURRING PAYMENTS
If you have purchased an annual subscription online with an installment plan your credit/debit/charge card indicated in the registration process will be fully charged for the first amount upon sign up. You agree to pay in the installments as agreed to upon purchase. All annual subscriptions with installments renew automatically for another annual term, unless canceled by the user at least thirty (30) days prior to the end of the then current subscription term. If any of the charges to the registered credit card fail, either for first subscriptions or for a renewal of an existing subscription, access to the subscription account will be barred until payment is cleared. As a courtesy, we will keep the subscription active for 30 days and attempt to obtain new billing information. During that 30-day period, we will attempt to charge the card on file daily until the information is updated or the subscription is canceled by the user via our contact form and select the 'cancellations' heading.

3 MONTHLY AND 6 MONTHLY RECURRING PAYMENTS
If you have purchased a subscription with a 3 or a 6 monthly recurring payment, such as the Premium 3 Monthly subscription or Premium 6 Monthly subscription, your credit/debit/charge card indicated in the registration process will be initially charged upon sign-up. All 3 and 6 monthly subscriptions renew automatically, unless canceled by the user at least thirty (30) days prior to the end of the then current subscription term. Additionally, any over-the-limit searches, if applicable, will be charged at the time of the subscription renewal. The subscription will automatically renew every 90 or 180 days according to your respective purchase, and your credit card will be charged at these times unless you cancel the subscription via our contact form and select the 'cancellations' heading.

INSTALLMENTS FOR 3 MONTHLY AND 6 MONTHLY RECURRING PAYMENTS
If you have purchased a 3 or 6 monthly subscription with an installment plan, your credit/debit/charge card indicated in the registration process will be fully charged for the first amount upon sign up. You agree to pay in the installments as agreed to upon purchase. All 3 and 6 monthly subscriptions with an installment plan renew automatically unless canceled by the user at least thirty (30) days prior to the end of the then current subscription term. If any of the charges to the registered credit card fail, either for first subscriptions or for a renewal of an existing subscription, access to the subscription account will be barred until payment is cleared. Additionally, any over-the-limit searches, if applicable, will be charged at the time of the subscription renewal. The subscription will automatically renew every 90 or 180 days according to your respective purchase, and your credit card will be charged at the same installment times as agreed to at the initial purchase of the subscription unless you cancel the subscription, unless canceled by the user at least thirty (30) days prior to the end of the then current subscription term.

MONTHLY RECURRING PAYMENTS
If you have purchased a subscription with a monthly recurring payment, such as the Premium Monthly subscription or the Monthly Club subscription, your credit/debit/charge card indicated in the registration process will be initially charged upon sign-up. All monthly subscriptions renew automatically until canceled by the user. Additionally, any over- the-limit searches, if applicable, will be charged at the time of the subscription renewal. The subscription will automatically renew every 30 days, and your credit card will be charged at this time unless you cancel the subscription.

ALL RECURRING PAYMENTS

  • You are responsible for keeping your credit card information correct and up to date. 
  • We are not responsible for bank fees, penalties, credit/debit/charge card fees, or fluctuations in foreign exchange rates.
  • If your credit/debit/charge card declines on any renewal date, we reserve the right to automatically terminate your subscription.
  • All cancelations of subscriptions must be via our contact form selecting the 'cancellations' heading.

This Agreement will constitute your copy of your recurring payment authorization to SONIC ACTIVE. Please print and retain a copy of this Agreement for your records.

ONE-TIME PAYMENTS
If you have purchased a subscription with a one-time payment, such as the Premium 1 Week, you agree to pay the indicated price at the time of purchase. Your credit/debit/charge card indicated in the registration process will automatically be charged for these subscriptions. These subscriptions do not automatically renew. You understand and accept that we will send you notifications that your subsricption will expire with the option to renew, and these notifications are not considered part of our general newsletter options which you can chose to receive or not.

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TAXES
You are responsible for paying all applicable sales, use, transfer, value-added, or other taxes and all duties, whether international, national, state, or local, however designated, which result from the purchase of our subscriptions or products. When SONIC ACTIVE is required to collect such taxes from you, SONIC ACTIVE may charge applicable taxes at the time of sale. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable. If an error has been made in the amount of taxes collected by SONIC ACTIVE with respect to your purchase, we reserve the right to process an additional charge in order to meet our obligations to collect such taxes in the correct amount as required by applicable law.

MODIFICATION OF PRICING AND BILLING TERMS
We reserve the right at any time to institute new prices, and to change the amount of or the basis for determining any prices or charges with respect to the subscriptions or products, or charge taxes applicable to the sale of our Products. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable. We reserve the right to modify the prices and charges at any time. For monthly and annual subscriptions, which are automatically renewed, such changes will become effective with your next billing cycle, following our written notification to you of such changes, unless you cancel your subscription within the allotted time frame. For non-renewable subscriptions, such changes will only apply to new subscription terms.

BILLING CURRENCY
All subscriptions and products on sonicactive.com are advertised and sold in United States dollars. Any reference to other currencies are used only for advertisement purposes, and your purchases of any SONIC ACTIVE subscription or product will be billed in United States dollar (USD/$). Your card payment issuer may convert the price into your local currency using their own terms and conditions inclusive of exchange rate and fees. It is your responsibility to be aware of the terms and conditions of your card payment issuer. We are not responsible for the rates, fees, or any additional costs incurred through the terms and conditions of your card payment issuer.

REFUND POLICY: NO REFUNDS
Except if otherwise expressly stated, SONIC ACTIVE will not refund any subscriptions that have been purchased. When you request a service from us, you agree that we may begin to provide the service immediately, and that you will not be entitled to a cancelation period, except if applicable law requires a cooling-off period despite your waiver and even when a service starts right away. You can, however, cancel your subscription by notifying SONIC ACTIVE in writing about your intent to terminate at least thirty (30) days prior to the end of the then current subscription term.

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DISPUTE OF CREDIT CARD CHARGES
If you have a disagreement regarding a credit card charge, you may contact the SONIC ACTIVE customer support team in writing within 90 days of the date of the initial credit card charge. You agree that SONIC ACTIVE is not liable for any charges or errors not reported within such 90-day time frame; and you expressly waive any right to dispute a charge to your credit card if you have not contacted SONIC ACTIVE customer support in writing with respect to any disputed charge within such period.

CONFIDENTIALITY
To the extent we have assigned to you an account through this Site, you are entirely responsible for maintaining the confidentiality of your account and for all activities that occur under your account.

DISCLAIMER
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS ON THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AND FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

WE MAKE EVERY EFFORT TO ENSURE THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE. HOWEVER, WE DO NOT TAKE RESPONSIBILITY OR GUARANTEE THE ACCURATENESS, COMPLETENESS OR TIMELINESS OF THE DATA AND FACTS FOUND HERE. SONIC ACTIVE IS NOT LIABLE FOR ANY INACCURACIES AND VISITORS SHOULD TREAT ALL INFORMATION ON AN 'AS- IS' BASIS WITHOUT ANY REPRESENTATION OR WARRANTY.

  1. Please make sure that you are healthy enough to undertake exercise. Rowing is a strenuous and vigorous workout and we are not responsible for injuries incurred while using our App. Always seek advice from a medical expert before commencing a workout if there is any doubt about your physical well-being.
  2. When using our service on or near water, it is your responsibility to ensure the security of your devices from both water impregnation or submergence. We cannot be held responsible for damages or loss of your devices through water or liquids while using our App.
  3. Any ways of securing your device, whether to an object or person, or from damage by water or liquids, are provided as guidance only and do not guarantee the security of your devices or of your person. Your use of these ways to secure your devices into a boat, or to your body, is understood by you to be your own responsibility.

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INDEMNIFICATION
You are to indemnify, defend and hold SONIC ACTIVE and our affiliates, officers, directors, owners, agents, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use (or claims arising from your account). You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement, which affects the rights of SONIC ACTIVE without our prior written approval.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, OR FROM ANY DAMAGE OR LOSS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SITE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO SONIC ACTIVE, IF ANY, FOR ACCESSING THIS WEB SITE.

LIABILITY FOR LINKS
The external links connect to outside providers. The individual providers are responsible for their content. We have not adopted their content as our own. We have no control over the content of the links referred to on our website. We have not adopted them as our own, expressly distant ourselves from their content, and refuse any responsibility for their content. The outside sites have been checked so far as it is possible for criminal content or other legal violations. Should any legal violations become apparent, the links will be removed immediately.

COPYRIGHT
All contents and designs of the Web site are copyrighted unless otherwise noted and may not be used except as provided herein and without the express written permission of SONIC ACTIVE. The data and information included here, as well as images and audio, shall not be used without prior written consent of SONIC ACTIVE. Images of people or places displayed on the Web site are either the property of, or used with permission by, SONIC ACTIVE.
The use of these images by you is prohibited unless specifically permitted by the Terms and Conditions or by specific permission provided elsewhere on the Web site. Unauthorized use of the images or audio content may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.

  1. The App is for personal use only. Playback or broadcasting of the workouts to non-subscribing members of Sonic Active so that they can utilise the tracks is prohibited.
  2. The Music in the Sonic Active App is strictly licensed, not sold, for your personal use through the App. You do not own a copy of the music. You have no rights to use the music in any way beyond that of the App and its intended use.
  3. You are not permitted to reproduce, copy, capture, record, duplicate, distribute, license, or in any way remove the music, whether in digital or analogue form, from the App.

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JURISDICTIONAL ISSUES
This Site is controlled and operated by or on behalf of SONIC ACTIVE and its affiliates. We make no representation that materials or products offered on this Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with all applicable national and local laws.  You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

TERMINATION AND SUSPENSION
We may terminate or suspend your access to all or any part of this Site immediately and without notice if in our sole discretion you fail to comply with any term or provision of these Terms of Use or any other term or condition of use posted on this Site, including the infringement of our Copyright rights as set forth in our Copyright notice or the intellectual property rights of third parties.

ADDITIONAL TERMS REGARDING PURCHASES
The following terms apply to all purchases from SONIC ACTIVE made through this Site unless superseded by inconsistent terms in a purchase order form:

  1. By placing an order, you certify that you are able to pay for the item(s) in your order.
  2. By placing an order though this Site you agree to be bound by the conditions of sale included in the item's description (including, without limitation, payment method and acceptable ship-to address).
  3. You are responsible for the accuracy of the information provided on your purchase order.
  4. We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit/debit/charge card the amount charged as soon as practical, provided such cancellation is not due to any violation of these Terms of Use. 
  5. Due to some country, state and county laws, we may not be able to ship certain merchandise to your address.
  6. We reserve the right to add and/or remove items from the Site, for any reason, at any time. 
  7. We reserve the right to limit quantities of items sold.
  8. Unless otherwise stated, all prices are quoted in U.S. Dollars.
  9. In addition to the shipping and handling charges we add at the time of checkout, you are solely responsible for any and all duties, taxes, tariffs and/or levies, which may be incurred in connection with the shipment of your ordered item(s), regardless of when such additional charges are assessed.
  10. We use our best efforts to ensure that the correct price is posted for each item on the Site. If, however, an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item (shipping and handling fees may still apply). If an item's correct price is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
  11. Products available from the Site may be advertised on third party shopping websites. We are not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third party sites and information on this Site. In the event that a difference exists, information found on this Site governs your purchase from this Site.
  12. All purchases from this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.
  13. No product purchased from this Site may be returned except in certain limited cases that may be specified in the purchase order.
  14. Attempts to stop payment on non-returnable items will be vigorously opposed by SONIC ACTIVE to the fullest extent of the law. In the event that any such action results in a judgment in our favor, we retain the right to recover, and you will be responsible for paying our reasonable attorneys' fees.

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NOTICES AND ELECTRONIC COMMUNICATIONS
You agree to be bound by any affirmation, assent or agreement you transmit to this Site, including any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field on this Site with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

SONIC ACTIVE will provide notices to you with respect to these Terms of Use by sending a letter, facsimile transmission or e-mail using the latest information we have retained in our business records. You may send notice to SONIC ACTIVE by letter, facsimile or e-mail to:
SONIC MAESTROS, INC.
832 S. Shenandoah Street
Los Angeles, CA 90035
E-Mail: contact form (select Terms of Use)

Either of us may change the address to which notice is to be sent by written notice to the other pursuant to the provisions of this section. Please be aware that e-mails may be blocked by spam filters and similar software and that it may be necessary to confirm delivery by other means.

MISCELLANEOUS
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and are subject to applicable copyright and intellectual property laws, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

These Terms of Use, the Privacy Policy and any other terms referenced in these Terms of Use constitute the entire agreement between us with respect to your access and use of this Site and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between us with respect to this Site. If any of the provisions of these Terms of Use are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, our original intentions, and the remaining provisions shall remain in full force and effect.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All agreements, notices, disclosures and other communications between us that are electronic in form satisfy any legal requirement that such communications be in writing.

SONIC ACTIVE may assign these Terms of Use (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of SONIC ACTIVE or (iii) in connection with the sale of this Site or the business unit associated with this Site.

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