1. INTRODUCTION
DSHG SONIC, LLC (“DSHG SONIC,” “we,” and “us”) recommends that you read the following terms of service carefully. By accessing or using the DSHG SONIC website located at dshgsonic.com or any related mobile or software applications or participating in the services provided thereby (collectively, the “Website”), you agree to be bound by these terms (the “Terms of Website” or the “Agreement”). This Agreement constitutes a legally binding agreement between DSHG SONIC and you concerning your use of the Website. We encourage you to print the Agreement or save it to your device or computer for reference. If you do not understand this Agreement, or do not agree to be bound by it or the Privacy Policy below, you may not access or use the Website, and you must immediately cease accessing or using the Website.
These Terms of Website contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute. See Sections 9 and 11 for full details.
2. PRIVACY POLICY
By using the Website, you represent and warrant that you have read, understood, and agree to be bound by this Agreement and DSHG SONIC’ Privacy Policy (the “Privacy Policy”), which is incorporated into this Agreement by reference. The Privacy Policy is available below. DSHG SONIC encourages you to frequently check the Privacy Policy for changes.
3. ELIGIBILITY
By accessing and/or using the Website, including by doing so after accessing this Agreement, you represent and warrant that you are at least eighteen (18) years old, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.
4. CHANGES TO TERMS AND PRIVACY POLICY
Internet technology and the applicable laws, rules, and regulations change frequently. DSHG SONIC reserves the right to change this Agreement and its Privacy Policy at any time upon notice to you (including by posting a new version). It is your responsibility to review this Agreement and the Privacy Policy periodically. If at any time you find either this Agreement or the Privacy Policy unacceptable, you must immediately cease accessing the Website. Unless DSHG SONIC obtains your express consent, any revised Privacy Policy will apply only to information collected by DSHG SONIC after the revised Privacy Policy takes effect, and not to information collected under any earlier versions of the Privacy Policy.
5. LICENSE
Subject to your compliance with this Agreement, DSHG SONIC grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access and use the Website. No part of the Website may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of DSHG SONIC. All rights not expressly granted in this Agreement are reserved by DSHG SONIC. Without limitation, this Agreement grants you no rights to the intellectual property of DSHG SONIC or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement and applicable laws. Your rights under this section will immediately terminate if, in the sole judgment of DSHG SONIC, you have breached any provision of this Agreement.
6. THIRD-PARTY CONTENT
The Website may be linked with the apps and websites of third parties (“Third-Party Content”), some of whom may have established relationships with DSHG SONIC and some of whom may not. DSHG SONIC does not have control over and has not reviewed the content and performance of Third-Party Content. Accordingly, DSHG SONIC does not represent, warrant, or endorse any Third-Party Content, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Content. Opinions, advice, statements, or other information made available through the Website by third parties are those of their respective authors and should not necessarily be relied upon. DSHG SONIC disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Content.
7. PROHIBITED CONDUCT
DSHG SONIC imposes certain restrictions on your use of the Website. Any violation of this section may subject you to liability. The following are expressly prohibited: (a) providing false, misleading, or inaccurate information to DSHG SONIC or any other person in connection with the Website; (b) impersonating, or otherwise misrepresenting your affiliation, connection, or association with, any person or entity; (c) without express written permission from DSHG SONIC, using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website; (d) accessing Website content or data not intended for you, or logging into a Website server or account that you are not authorized to access; (e) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization; (f) interfering or attempting to interfere with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (g) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or internet protocol packet headers); (h) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by DSHG SONIC or its agents in providing the Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Website to determine and/or audit advertising revenues and payments, if applicable; and (i) paying anyone for interactions on the Website.
8. INTELLECTUAL PROPERTY
“DSHG SONIC” and the DSHG SONIC logo are trade names, trademarks, or registered trademarks of DSHG SONIC. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Website may be the trademarks of third parties. Neither your use of the Website nor this Agreement grants you any right, title, or interest in, or any license to reproduce or otherwise use, the DSHG SONIC Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the DSHG SONIC Marks generated as a result of your use of the Website will insure to the benefit of DSHG SONIC, and you agree to assign, and do assign, all such goodwill to DSHG SONIC. You shall not at any time, nor shall you assist others to, challenge DSHG SONIC’ right, title, or interest in, or the validity of, the DSHG SONIC Marks.
All content and other materials available through the Website, including without limitation the DSHG SONIC logo, names and photographs, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by DSHG SONIC or are the property of DSHG SONIC’ licensors and suppliers. Except as explicitly provided, neither your use of the Website nor this Agreement grant you any right, title, or interest in any such materials.
9. DISCLAIMERS, LIMITATION OF LIABILITY
You agree that your use of the Website is at your sole risk. You will not hold DSHG SONIC or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Website, including without limitation any loss or damage to any of your computers or mobile devices. The Website may contain bugs, errors, problems, or other limitations.
DSHG SONIC, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Website, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither DSHG SONIC nor its licensors or suppliers warrants that the Website will meet your requirements, or that the operation of the Website will be uninterrupted or error-free. DSHG SONIC disclaims all implied liability for damages arising out of the furnishing of the Website pursuant to this Agreement, including without limitation mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to furnish the Website, whether caused by acts of commission or omission, or any other damage occurring.
In no event shall DSHG SONIC or its licensors or suppliers be liable to you for any claims arising from your use of the Website or your reliance on any information provided through the Website, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, property damage, or otherwise, regardless of the foreseeability of those damages. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that these limitations of liability represent a reasonable allocation of risk and are a fundamental element of the basis of the bargain between DSHG SONIC and you. The Website would not be provided without such limitations.
The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and DSHG SONIC or between you and any of DSHG SONIC’ licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. DSHG SONIC’ licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in this section.
9. DISCLAIMERS, LIMITATION OF LIABILITY
You agree that your use of the Website is at your sole risk. You will not hold DSHG SONIC or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Website, including without limitation any loss or damage to any of your computers or mobile devices. The Website may contain bugs, errors, problems, or other limitations.
DSHG SONIC, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Website, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither DSHG SONIC nor its licensors or suppliers warrants that the Website will meet your requirements, or that the operation of the Website will be uninterrupted or error-free. DSHG SONIC disclaims all implied liability for damages arising out of the furnishing of the Website pursuant to this Agreement, including without limitation mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to furnish the Website, whether caused by acts of commission or omission, or any other damage occurring.
In no event shall DSHG SONIC or its licensors or suppliers be liable to you for any claims arising from your use of the Website or your reliance on any information provided through the Website, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, property damage, or otherwise, regardless of the foreseeability of those damages. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that these limitations of liability represent a reasonable allocation of risk and are a fundamental element of the basis of the bargain between DSHG SONIC and you. The Website would not be provided without such limitations.
The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and DSHG SONIC or between you and any of DSHG SONIC’ licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. DSHG SONIC’ licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in this section.
10. INDEMNIFICATION
Without limiting any indemnification provision of this Agreement, you (the “Indemnitor”) agree to defend, indemnify, and hold harmless DSHG SONIC and its owners, parents, subsidiaries, affiliates, contractors, property owners, and third-party vendors (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually,“Claim,” and collectively, “Claims”), including but not limited to legal costs and fees, and provide sole and exclusive control of the defense of any action to DSHG SONIC, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and DSHG SONIC, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Website; (iv) your violation or alleged violation of any foreign or domestic, international, federal, state, local, community, or educational law or regulation; (v) your violations of Section 7 regarding prohibited uses of the Website and other prohibited conduct; (vi) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Indemnitees.
11. DISPUTES WITH DSHG SONIC
Customer Service. We encourage you to seek resolution of any “Claim” by first contacting us at the contact information below. “Claim(s)” means any dispute of any kind between you and us, or any of our owners, officers, managers, directors, employees, agents, partners, suppliers, consultants, representatives, affiliates, successors, or assigns (collectively, “Company Entities”) related to or arising out of this Agreement, the Privacy Policy, or the Website. If we cannot reach an informal resolution, the arbitration provisions below will govern.
12. TERMINATION
Without limiting any other provision of this Agreement, DSHG SONIC reserves the right to, in DSHG SONIC’ sole discretion and without notice or liability, deny use of the Website to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation.
You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to DSHG SONIC Notice of your intention to do so.
Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Website. Upon termination, you shall cease any use of the Website.
After termination, DSHG SONIC reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Website, including without limitation technological barriers such as IP blocking and direct contact with your internet service provider.
Upon termination, all rights and obligations created by this Agreement will terminate, except the following Sections will survive any termination of this Agreement: Sections 1-2 & 6-14.
13. NOTICES
All notices required or permitted to be given under this Agreement (“Notices”) must be in writing. DSHG SONIC shall give any Notice by email sent to the most recent email address, if any, provided by the intended recipient to DSHG SONIC. You agree that any Notice received from DSHG SONIC electronically satisfies any legal requirement that such Notice be in writing. You shall give any Notice to DSHG SONIC by submitting said Notice to us by completing the “Contact Us” form on the Website or contacting us at info@dshgsonic.com
14. GENERAL
Except as specifically stated herein, this Agreement constitutes the entire agreement between DSHG SONIC and you concerning your use of the Website. Unless otherwise expressly stated, should any part of this Agreement be declared invalid, void, or unenforceable by an arbitrator or court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable. This Agreement may only be modified by a written amendment signed by an authorized executive of DSHG SONIC, or by the unilateral amendment of this Agreement by DSHG SONIC along with the posting by DSHG SONIC of that amended version. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of DSHG SONIC. This Agreement will be binding upon and will insure to the benefit of the parties, their successors, and permitted assigns. You and DSHG SONIC are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except where expressly stated in this Agreement, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.
Privacy Policy
This Privacy Policy outlines the privacy practices of DSHG SONIC, LLC (“DSHG SONIC,” “we,” or “us”) in connection with the users of our website and related applications (the “Site” or “Website”).
What does this Privacy Policy cover?
We, DSHG SONIC, LLC, control the data collected and used through this Website.
This Privacy Policy, which only applies to this particular Website, explains how we collect, use, and disclose information. We do not control any third-party actions, websites, content, or conduct (collectively, “Third-Party Websites”), regardless of whether those Third-Party Websites are linked to, redirected from, or accessible from the Website. Third-party platforms have separate privacy practices and policies, which may include separate third-party Cookies or similar technologies. If you choose to visit or use Third-Party Websites, including by clicking on any hyperlinks and getting redirected to Third-Party Websites, you assume all risk of doing so.
When do we collect personal information?
This section describes when information is collected about you and other users of the Website.
Generally speaking, DSHG SONIC collects personal information when users provide that information to us or the public, such as when a user provides information through our “Contact” form. Examples of such information include your name, email address, and other information you voluntarily disclose. DSHG SONIC may collect other types of information, such as device, internet, and geolocation information from technical processes, such as when you access the Site and your browser sends device and/or internet information.
DSHG SONIC may use certain Cookies (files that are placed on your computer or electronic device when you visit a website), Google Analytics, and similar technologies. These allow us to gather technical devices and internet connection, internet activity, and geolocation information. DSHG SONIC reserves the right to use the following types of Cookies, which may include Cookies that we or third parties place, to customize and streamline your experience. Here are different types of Cookies that may be used: (1) Necessary Cookies are essential in order for a website to display and perform properly. Necessary Cookies are used, for example, to identify you and prevent security risks. (2) Preferences Cookies are used to store preferences set by you, such as your language preferences. (3) Analytics and Performance Cookies collect information on how you and other users interact with a website. Often, this information is aggregated and is used to improve the Website. The Site contains third-party Cookies to collect information, analyze aggregate activity, and show personalized ads.
You can change your Cookie settings in your internet browser (e.g., Chrome, Edge, Firefox), but you risk that some of the features of the Website may not function correctly. For more information, see https://www.allaboutcookies.org/.
What categories of information do we collect?
This section describes the categories of information that we collect through the Website.
As an initial matter, we collect information when you provide it to us over the Website, such as when you fill out a “Contact” form or sign up to receive emails.
When you use the Website, we may automatically gather information made available by your web browser (such as Google Chrome), internet service provider (such as Comcast), and device (such as your computer or phone), depending on your settings for each. For example, we may collect your IP address, navigation and click-stream data, browser type, browser version, information about the operating system or type of device you use, the device ID associated with your device, the date and time you access the Website, your login attempts, the pages of our Website that you visit, the time spent on those pages, your mobile operating system, and unique device identifiers and other diagnostic data. We may also gather certain information automatically and store it in log files, including IP addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. Further, we may collect information about where you are located. For example, we may collect your approximate location from your IP address.
From time to time, we may collect other information from you. DSHG SONIC may also create new information about you by drawing inferences from the information identified in the categories listed above.
What categories of information do we collect?
This section describes the categories of information that we collect through the Website.
As an initial matter, we collect information when you provide it to us over the Website, such as when you fill out a “Contact” form or sign up to receive emails.
When you use the Website, we may automatically gather information made available by your web browser (such as Google Chrome), internet service provider (such as Comcast), and device (such as your computer or phone), depending on your settings for each. For example, we may collect your IP address, navigation and click-stream data, browser type, browser version, information about the operating system or type of device you use, the device ID associated with your device, the date and time you access the Website, your login attempts, the pages of our Website that you visit, the time spent on those pages, your mobile operating system, and unique device identifiers and other diagnostic data. We may also gather certain information automatically and store it in log files, including IP addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. Further, we may collect information about where you are located. For example, we may collect your approximate location from your IP address.
From time to time, we may collect other information from you. DSHG SONIC may also create new information about you by drawing inferences from the information identified in the categories listed above.
How is your information disclosed to others?
This section describes how your information may be disclosed or shared with third parties. When DSHG SONIC shares your information for a “Business Purpose,” it means such use is reasonably necessary and proportionate to achieve an operational purpose of DSHG SONIC.
How is your information protected?
We process and transfer data to the United States.DSHG SONIC uses reasonable security measures and tools (such as SSL encryption and HTTPS protocol) that are designed to be a security safeguard. While we review our security procedures and take data security seriously, no system or website can be 100% secure. In other words, you should not expect that information communicated over our Site or the internet generally will be secure. You should notify us as soon as possible if you believe there has been a security breach.
DSHG SONIC will retain your information for the length of time necessary to fulfill the Business Purposes outlined in this Privacy Policy.
What are consumer rights regarding personal data?
Certain users have rights to access and / or delete information that we have collected, used, or disclosed. If you have a specific request to access, correct, or delete your information, please contact us by filling out a Contact Form or contacting us at info@dshgsonic.com. To protect user privacy and security, we will verify your identity before substantively responding to a request about user personal information.
United States law provides the right to request the following:
- What categories of information have we collected?
- What are the categories of sources from which we collect information?
- What are our business and commercial purposes for such a collection?
- What are the categories of third parties to whom information is disclosed?
- What personal information have we collected about you?
United States law also provides the right to request that DSHG SONIC delete any personal information that we have collected from you.
If you reside in a location governed by the GDPR, then the following are DSHG SONIC’ legal bases for the processing of your information: Art. 6(1) lit.a GDPR, Art. 6(1) lit.b GDPR, Art. 6(1) lit.c GDPR, Art. 6(1) lit.d GDPR, and Art 6(1) lit.f GDPR.
Please note that DSHG SONIC does not currently respond to DNT requests (DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked).
Do we collect information about children?
DSHG SONIC will never knowingly collect personal information about children under the age of 13. Because we do not collect such information about children, we have no such information to use or to disclose to Third Parties. If we obtain actual knowledge that we have collected personal information about children under the age of 13, we will immediately delete that information from our database.
How do we process opt-out requests?
When you give us your email address or email us, you consent to receive emails from us, including advertising messages and offers that may be of interest to you. Providing consent to promotional emails is not a condition of purchasing anything from DSHG SONIC. You can always opt out of receiving advertising emails by following the instructions in each email or by contacting us at info@dshgsonic.com. Please note that, even if you unsubscribe from advertising emails, we may still send you any necessary, non – promotional emails, such as updates to our Privacy Policy and Terms.
What is our contact information?
The Website contains a Contact Form. You can also contact us at info@dshgsonic.com. We may store information gathered relating to your requests or communications or disclose it if needed to process your request.
What is our contact information?
The posted version of this Privacy Policy on the Website is the current version, and if any modifications are made, we will post the then – current version on the Website. Any modified Privacy Policy will only apply as of the effective date of the Privacy Policy.
This Privacy Policy was last updated on May 1st, 2023.
