Terms of Service


SOUND TERMS OF USE

These terms of use were last revised on May 6, 2021

 

PLEASE REVIEW THESE TERMS OF USE CAREFULLY, AS THEY AFFECT YOUR RIGHTS.

 

This agreement includes a mandatory arbitration agreement in Section 16 below, which means that you agree to submit any claim (as defined in Section 16) to binding individual arbitration rather than proceeding in a court. If you want to opt-out of this mandatory arbitration agreement, Section 16 below describes the procedures you must follow to do so. The arbitration agreement also includes a class action waiver in Section 16 below, which means that you agree to proceed with any claim individually and not as part of a class action

 

1. TERMS OF USE OF THE SITE

 

SoundSnacking.com (the “website” or the "Site") is operated by SOUND Nutrition Inc., dba SOUND (collectively, "SOUND", "us", "we", or "our"). The Site is hosted by Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products to you. 

 

The terms “us,” “we” and “our” refer to SOUND and any of its affiliated companies as appropriate to the context. “You” refers to any person accessing and/or using the Site.

 

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 Use”, “Terms of Service”, or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

These Terms of Use, and any amendments or supplements to it, together with our Privacy Policy collectively, the "Agreement") apply to your use of the Site, content and materials on the Site (collectively, "Content"), any order you place through the Site, your use of our products, and our use of your social media content. By using the Site or accessing its Content, you accept and agree to these Terms of Use, which govern your use of the Site. Please read these Terms of Use carefully before using any part of the Site or providing us permission to use your social media content, because they affect your legal rights and obligations.

 

If you do not agree to all of these Terms of Use, please do not use the Site, do not order and do not use our products. By using the Site you will be deemed to have irrevocably agreed to these Terms of Use. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use. 

 

A breach or violation of any of the Terms of Use will result in an immediate termination of the Service. 

 

2. TERMINATION

 

You agree that SOUND may, in its sole discretion, and at any time, terminate or suspend its operation of the Site or your use of the Site, without prior notice to you, for any reason that SOUND, in its sole discretion, deems appropriate. You further agree that SOUND will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Site, you agree that the provisions of the Agreement regarding protection of intellectual property rights and licenses, indemnification, disclaimer regarding information provided on the Site, disclaimer of warranties with respect to use of the Site, limitation on SOUND’s liability, your release of SOUND in the ultimate paragraph of Section 16 and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.

 

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 Use, 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 Service (or any part thereof). 

 

3. ASSIGNMENT

 

SOUND may assign, transfer, or sub-contract any of its rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion at any time without any notice. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with SOUND. No delay by SOUND in exercising any right or remedy under these Terms of Use shall operate as a waiver of that right or remedy or shall affect SOUND’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by SOUND in writing. These Terms of Use supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

 

4. USE OF THE SITE

 

In order to use the Site, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Site is not intended for persons under the age of 18 and no person under the age of 18 may use the Site. If you use the Site, you are affirming that you are at least 18 years old.

 

5. MODIFICATIONS TO THE TERMS OF USE

 

You can review the most current version of the Terms of Use at any time at this page. 

 

We reserve the right to modify, update, or remove portions of these Terms of Use at any time, so please check back and review these Terms of Use from time to time. Any new features or tools which are added to the current store shall also be subject to the Terms of Use. We will provide notice of any material changes by posting the revised Terms of Use on the applicable Site with an updated "Last Revised" Date. Any material changes will take effect automatically 30 days after they are posted on the Site.

 

Your continued use of the Site signifies your acceptance of any changes. If you do not agree with our Terms of Use, you should discontinue your use of the Site.

 

6. NO WAIVER

 

The failure of SOUND to enforce these Terms of Use at any time for any reason, shall not be construed as a waiver of any right to do so at any time.

 

7. PRIVACY

 

Any information you give us will be stored and used in accordance with our Privacy Policy. By indicating your acceptance of these Terms of Use, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

 

Content on the Site is provided for entertainment purposes only.

 

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

The Site and Content are provided on an “as is” an “as available” basis. Your use of the Site is at your own risk. To the full extent permissible by applicable law, SOUND and the Site expressly disclaim all representations and warranties, either express or implied, as to the Site or Content, including without limitation implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

 

SOUND does not make any representations or warranties that (a) the Site or Content will meet your requirements or expectations; (b) the operation of the Site or Content will be uninterrupted, timely, secure, accurate, or error-free or that any errors will be corrected; (c) any particular results will be obtained from the use of the Site; or (d) the Site or the servers that make the Site available are free of viruses or other harmful components. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.

 

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.

 

The information presented on or through the Site is made available solely for information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Occasionally there may be information on the Site 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 on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

 

Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We undertake no obligation to update, amend or clarify information on the Site 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.

 

The Site may include (or include links to) content provided by third parties. All statements expressed in these materials and all articles and response to questions and other content, other than the content provided by SOUND itself, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SOUND. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

 

SOUND will not be liable to you or any third party for any damages of any kind, including but not limited to, any special, indirect, punitive or consequential damages arising from or connected with the Site, including the use of or the inability to use the materials in the Site, even if SOUND or one of its affiliates or an authorized representative of either of them, has been advised of the possibility of such damages. In no event shall SOUND’s 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 to SOUND, if any, for accessing the Site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential dames, so the above limitation or exclusion may not apply to you.

 

You hereby release and forever discharge SOUND (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any third-party links and ads).

 

If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or must have material affected his or her settlement with the debtor.”

 

9. OUR USE OF CONTENT

 

Generally. SOUND will consider anything you provide to us or contribution or post to the Site as available for our use free of any obligations to you, except where solicited or invited submissions are expressly governed by additional terms appearing elsewhere on the Site, in which case those additional terms will determine how we treat your solicited or invited submissions.

 

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. 

 

Subject to the provisions of any additional terms, by posting or uploading any content to the Site or providing any communications and/or materials ("User Content"), you automatically and irrevocably: (a) grant and assign SOUND a royalty-free, perpetual, non-exclusive, unrestricted, fully transferrable worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing or other exploitation by SOUND or by any person authorized by SOUND, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible into perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint SOUND as your agent with full power to enter into any document and perform any act SOUND may consider appropriate to confirm the grant and assignment; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation to you or any other person and that SOUND shall not be liable for any use or disclosure of such User Content.

 

Social Media Content. From time to time, SOUND will re-post or otherwise use in its advertising a consumer’s photos, experiences, stories, or other content from their personal social media account. SOUND will never use your personal social media content (“User Generated Content” or “UGC”) without first obtaining your express written permission.

 

By agreeing to allow SOUND to use your UGC, you represent and warrant:

  • You own all rights to the UGC and have the right to grant SOUND a license to use the UGC (including any material embodied in the UGC);
  • You have express permission from any person, living or dead, in the UGC to use their likeness;
  • The UGC does not contravene or infringe on anyone else's copyright or other intellectual property, moral rights, privacy or publicity rights; and
  • The UGC does not in any way violate any law, or the applicable social media platform’s terms of use, privacy policy, or other applicable rules or conditions.

Further, by agreeing to allow SOUND to use your UGC, you agree to grant SOUND an irrevocable, perpetual, non-exclusive, fully paid-up, royalty-free, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the UGC and all elements of the UGC, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from you or any third party.

 

You hereby release, discharge and agree to hold SOUND and any person acting on SOUND’s behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the UGC.

 

Submitted Ideas. You may choose to submit creative ideas, product ideas, flavor requests, proposals, plans, other materials, or other business suggestions (collectively “Submitted Ideas”) online through the Site, by email, by postal mail, or otherwise. We ask that you never submit an idea that you consider to be confidential and/or proprietary. If you submit an idea, please be aware that, except with respect to your personal information (which is governed by our Privacy Policy), all Submitted Ideas offered to us by you shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of SOUND. Further, you understand and acknowledge that SOUND employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Submitted Ideas and that we are only willing to consider the Submitted Ideas on these terms. In any event, you acknowledge and agree that SOUND assumes no obligation of confidentiality or nondisclosure, express or implied, by considering your Submitted Ideas. Without limitation, SOUND shall exclusively own, and you hereby irrevocably transfer and assign to us, all now known or hereafter existing rights in and to your Submitted Ideas, and we shall be entitled to unrestricted use of the Submitted Ideas for any purpose whatsoever, commercial or otherwise, without any form of compensation to you.

 

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. 

 

10. PROHIBITED USES

 

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, international law or regulation, or professional rules or standards (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam", or any other similar solicitation;
  • To impersonate or attempt to impersonate SOUND, a SOUND employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); and/or
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site or which, as determined by us, may harm SOUND or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, or access any equipment or network on which the Site are stored or operated or any software used in the operation of the Site or any equipment or software operated by any third party;
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
  • Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
  • Use any device, software, or router that interferes with the operation, performance or output of the Site;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the servers on which the Site are stored, or any servers, computers, or databases connected to the Site;
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and/or
  • Otherwise attempt to interfere with the operation, performance or output of the Site.

In the event access to the Site or a portion thereof is limited requiring a user ID and password, you agree to access protected areas using only your user ID and password as provided to you by SOUND. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID.

We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

 

11. LINKS TO THIRD PARTY WEBSITES

 

The Site include links to various third party websites. SOUND is providing these links solely as a convenience. Such linked third party websites are not under the control of SOUND. We have not reviewed all of the third party websites linked to/from the Site and are not responsible or liable for the contents available at any such third party linked websites. The appearance of third party linked websites to/from the Site do not imply SOUND’s endorsement of the third party linked websites, its sponsors or any products or services offered on the third party linked websites. 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.

 

Use of the third party linked websites is at your own risk. 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. 

 

12. ACCESS TO OPTIONAL THIRD PARTY 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 Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use. 

 

13. TELEPHONE AND ELECTRONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED

 

Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided to SOUND, our agents, affiliates, and independent contractors, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to any text message.

 

Your Consent to Receive Texts. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive text messages from us, our agents, affiliates, and independent contractors related to your account, promotions, registration, policies, changes and updates, reminders about incomplete or upcoming payments, follow ups to any push notifications delivered through our mobile application, any transaction with SOUND, and/or your relationship with SOUND. You acknowledge that text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that SOUND may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive text messages from SOUND, our agents, affiliates, and independent contractors even if you cancel your account or terminate your relationship with us, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional texts as a condition of purchasing any goods or services. To opt-out, please see the Opt-Out Instructions below.

 

Opt-Out Instructions. Your consent to receive texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive. You acknowledge and agree to accept a final text message confirming your opt-out. It is your sole responsibility to notify us if you no longer want to receive text messages. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request.

 

Fees and Charges. There is no fee to receive text messages from SOUND, our agents, affiliates, and independent contractors. However, you may incur a charge for these text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that SOUND, our agents, affiliates, and independent contractors are not responsible for such charges.

 

Unauthorized Use of Your Telephone Device. You must notify SOUND immediately of any breach of security or unauthorized use of your telephone device. Although SOUND, our agents, affiliates, and independent contractors will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.

 

Your Indemnification to Us. You agree to indemnify SOUND, our agents, affiliates, and independent contractors for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

 

Release of Claims. In consideration of the services provided by SOUND, our agents, affiliates, and independent contractors, you hereby release SOUND, our agents, affiliates, and independent contractors from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

 

Electronic Communications and Signatures. The communications between you and SOUND use electronic means, whether you use the Site or send us emails, or whether SOUND posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from SOUND in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SOUND provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

 

You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by SOUND, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms of Use and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes,

 

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices policies and records of transactions initiated or completed through the Site or services offered by SOUND.

 

Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

 

General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Use.

 

14. INDEMNITY

 

You agree to indemnify, defend, and hold harmless SOUND and our parent, subsidiaries, affiliates, partners, officers, directors, agents, sponsors, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys’ fees) that arise directly or indirect out of or from: (a) your breach of these Terms of Use or of any representation or warranty made by you in these Terms of Use; (b) any submissions you make to the Site; (c) your activities in connection with the Site or Content; and/or (d) made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party. 

 

15. APPLICABLE LAWS AND JURISDICTION

 

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of the products and services on the Site.

 

SOUND controls the Site (excluding third party linked websites) from its corporate offices within Los Angeles, California, United States of America. SOUND makes no representation that the Content is appropriate or available for use in other locations. Accessing the Site or Content from jurisdictions where such access or the Content is illegal is prohibited. Users are solely responsible for compliance with all the laws of their jurisdictions.

 

The Site may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use or to any sale of goods carried out as a result of your use of the Site.

The Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use, any separate agreements we provide you, and any dispute between you and SOUND arising out of or relating in any way to your use of the Site or to your use or purchase of any SOUND’s products or services.

 

16. DISPUTES: ARBITRATION AGREEMENT, TIME LIMITATION, AND CLASS WAIVER

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

 

We will work in good faith to resolve any issue you have with Site, including products ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

 

You acknowledge and agree that before initiating any claim against SOUND, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products and upon which you rely.

 

You may send the written description by U.S. Mail to SOUND Nutrition, 11835 W Olympic Blvd, Suite 1095E, Los Angeles, California 90064; Attn: General Counsel.

 

You agree to negotiate with SOUND in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after SOUND’s receipt of your written dispute, you agree to the dispute resolution provisions below. With respect to the dispute resolution provisions, including the class action waiver, subsidiaries, partners and affiliates of SOUND shall be third party beneficiaries.

 

Any dispute or claim relating in any way to your use of the Site or to your purchase or use of any SOUND’s product will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

 

By agreeing to arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. Arbitration is more informal than bringing a lawsuit in court. The rules in arbitration are different. Arbitration uses a neutral arbitrator instead of a judge or jury. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Although review by courts is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms of Use as a court would. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Company.

 

You and SOUND each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you and SOUND agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Attn: General Counsel, SOUND Nutrition, 11835 W Olympic Blvd, Los Angeles, California 90064.

 

The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA’s Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 USD unless the arbitrator determines the claims are invalid or frivolous. Likewise, SOUND will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are invalid or frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another location that is mutually agreed upon.

 

If for any reason a claim proceeds in court rather than in arbitration, the parties waive any right to a jury trial, unless such waiver is unenforceable. The parties also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

You and SOUND agree to commence any arbitration proceeding within 1 year after the claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.

 

You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

 

In order to avoid irreparable injury to SOUND, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting SOUND from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

 

17. INTELLECTUAL PROPERTY

 

The Site and Content are the property of SOUND, and its licensors and are protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the Site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by SOUND at the Site or elsewhere are reserved to SOUND and its licensors. You acknowledge that content available through the Site including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, including content provided by suppliers, sponsors, or third party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted only a non-exclusive, non-transferable, revocable, limited license to use and access the Site solely for your own personal, noncommercial use and to view, copy and print content retrieved from the Site for the sole purpose of using or placing an order via the Site, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of SOUND’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

 

18. CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information: 

  1. Identify the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed. 

  1. Provide your full legal name and your electronic or physical signature.

Deliver this notice, with all items completed, to our General Counsel: Attn: General Counsel, SOUND Nutrition, 11835 W Olympic Blvd, Los Angeles, California 90064.

We suggest that you consult your legal advisor before filing a notice with our copyright agent.

 

We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Site or making submissions.

 

19. PURCHASING PRODUCTS ON THE SITE

 

SOUND reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. SOUND takes reasonable precautions to try to ensure that the prices quoted on the Site are correct, and to describe the items available on the Site as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that SOUND does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Site will match the actual product that you receive.

 

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. 

 

If a product described on the Site is not as described when you receive it, your sole remedy is to reach out to our customer service department at support@soundsnacking.com in accordance with our Refund Policy below within our Terms of Sale. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Site and to correct errors once discovered. SOUND reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.

 

Certain products may be available exclusively online through the Site. These products may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. 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 to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations.

 

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. 

 

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

In accordance with California Business and Professions Code Section 17538 et al., SOUND’s refund policy is available below within our Terms of Sale, the legal name under which SOUND conducts business is SOUND Nutrition, Inc., and SOUND’s business address is SOUND Nutrition, 11835 W Olympic Blvd, Suite 1095E, Los Angeles, California 90064. Within five (5) days of SOUND’s receipt of your request, California residents may receive verification of this information by email by contacting us at info@soundsnacking.com

For more detail, please review our Terms of Sale below. 

 

20. SEVERABILITY

 

If any provision of these Terms of Use is held to be unlawful, invalid, void, or for any reason unenforceable, you and we agree that such provision will nonetheless be enforceable to the fullest extent permitted by applicable law and the provision or the unenforceable portion will be deemed severable from the Terms of Use and will not affect the validity and enforceability of any remaining provisions (including any remaining provisions under the heading of the provision that was deemed unenforceable).

 

21. INTERPRETATION

 

To the extent not prohibited by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms of Use, the word will be deemed to mean “including, without limitation.”

 

22. HEADINGS FOR CONVENIENCE ONLY

 

Any section heading or subheading contained in these Terms of Use is solely for convenience of navigation, should not be used to interpret any specific provision and will not limit the full Terms of Use.

 

23. ENTIRE AGREEMENT

 

These Terms of Use and any policies or operating rules posted by us on the 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 Use). 

 

24. CONTACT INFORMATION

 

Questions about the Terms of Use should be sent to us at info@soundsnacking.com.

 

 

 

TERMS OF SALE

These Terms of Sale (“Terms of Sale”), in addition to our Terms of Use govern your purchase of product(s) on this website, including through the mobile version hereof (collectively, the “Site”). The Site and its related services and applications (collectively, this “Service”) is being offered by SOUND Nutrition Inc, dba SOUND (“we”, “us”, or “SOUND”). SOUND may, in its sole discretion and at any time, modify, suspend or discontinue these Terms of Sale and/or this Site or specific portions of it. Your purchase of one or more products on this Site constitutes your agreement with SOUND to be bound by, and to act in accordance with, these Terms of Sale and the Terms of Use.

 

Ordering

Orders for in-stock merchandise are generally processed and shipped within 1-3 business days. The purchase of products and services on the Site is subject to availability. If merchandise is currently out-of-stock, we will attempt to flag that on the Site. In the unlikely event that an item you order is out of stock, our customer service team will contact you and you will have the option to either place an updated order (without the out of stock item) or cancel the entire order without charge. In either case you can request to be notified by email when the product is back in stock.

Orders will only be shipped and delivered to addresses located within the United States. An order may only be shipped to one delivery address.

 

The merchandise you order may arrive in more than one box, but you will not incur any additional shipping charges under such circumstances. The total charges for all shipments, including the shipping charges, will equal the total for the entire order stated during the checkout process.

You can reorder a previous order by visiting your account page.

 

Shipping

 

We currently only use one shipping provider and service, US Postal Service (USPS) Priority Mail. 

We are currently providing complimentary US Postal Service (USPS) Priority Mail shipping for all orders. 

Two Sampler EPs is the current limit to any customer for any single order.

One 12 Count Case is the current limit to any customer for any single order.

We will ship your orders to a PO Box, APO or FPO address. Please note that shipping to APO addresses can take up to 30 days. Shipping prices are subject to change.

A shipment confirmation containing the tracking number will be emailed to you when your order ships.

 

Risk of Loss; General Prohibitions

 

THE RISK OF LOSS SHALL PASS TO YOU AS SOON AS YOUR ORDER IS DELIVERED TO THE DELIVERY ADDRESS YOU PROVIDE DURING THE CHECKOUT PROCESS. IT IS YOUR SOLE RESPONSIBILITY TO PROVIDE A SAFE AND CORRECT SHIPPING ADDRESS ACCESSIBLE TO COMMON CARRIERS. YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY IN THE EVENT YOU (A) PROVIDE AN INCORRECT DELIVERY ADDRESS DURING THE CHECKOUT PROCESS AND/OR (B) FAIL TO COLLECT THE MERCHANDISE FROM THE DELIVERY ADDRESS YOU PROVIDE DURING THE CHECKOUT PROCESS.

 

Payment Methods

 

We currently accept Visa, Mastercard, American Express, Shop Pay, Apple Pay, and Google Pay. Your credit card will be charged when your order is shipped. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us, we will not be liable to you for any delay or non-delivery of your order.

 

If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Please see the SOUND Privacy Policy for information about the collection, use and protection of your information.

 

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

 

Cancellations

 

Once you submit an order on the Site, we can’t guarantee changes or cancellations not communicated on the same day as the order, because of the speed and efficiency of our order processing and fulfillment. If you would like to make changes to, or cancel, your order, please contact Customer Service at:

Telephone: 1-877-SO-SOUND (1-877-767-6863) - Monday through Friday 8:30 AM-4:00 PM (Pacific Standard Time)

E-Mail: support@soundsnacking.com

Any cancelled order will be promptly refunded.

 

Refund Policy

 

Is something wrong with your snack? Don't worry about returning it — If you’re not satisfied with our product, reach out to us at support@soundsnacking.com or 1-877-SO-SOUND with a description of what's wrong and we’ll work with you to make things right.

 

If you are returning an online purchase given as a gift, we can only refund the credit card on file.

 

Prices

 

All prices shown on the Site are in U.S. Dollars and are exclusive of applicable sales tax. Sales tax is calculated based on the shipping address on your order.

We reserve the right to change prices at any time without notice to you, provided that any changes made after your order is submitted will not apply retroactively.

 

Pricing and Description Errors

 

We do our best to describe every item, product or service offered on the Site as accurately as possible. However, we do not warrant or guarantee that product descriptions, specifications, or pricing on our Site is complete, accurate, reliable, current or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, SOUND shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other payment account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply. If a product you purchased from us is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.

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