Sonify, Inc. Terms of Use

Binding Effect

These Terms of Use are a binding agreement (this “Agreement”) between you and Sonify, Inc. (the “Company”). By accessing the websites located at sonify.io and twotone.io (the “Sites”), you agree to abide by the terms of this Agreement, as they may be amended by the Company from time to time in its sole discretion. You agree that by using the site you represent that you are at least 18 years old and that you are legally able to enter into this agreement.

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by clicking the privacy Policy link on the Sites. The Privacy Policy is expressly incorporated into this Agreement by this reference, No Warranties

The Company hereby disclaims all warranties. The Company is making the Sites available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from the use of, or inability to use, the Sites. To the maximum extent permitted by law, Company expressly disclaims any and all warranties, express or implied, regarding the Sites, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the Sites will meet your requirements or that the operation of the Sites will be uninterrupted or error-free.

Limited Liability

The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the sites or any other materials provided to you by the Company. 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.

Affiliated Sites

The Company has no control over, and no liability for any third party websites or materials. The Company may work with a number of partners and affiliates whose websites may be linked with the Site. Because neither the Company nor the Sites have control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Sites, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, the terms of this Agreement shall govern your use of any and all third party content.

Prohibited Uses

The Company imposes certain restrictions on your permissible use of the Sites. You are prohibited from violating or attempting to violate any security features of the Sites, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Sites, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Sites or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Sites to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the proprietary source code used by the Company in providing the Sites. Any violation of system or network security may subject you to civil and/or criminal liability.

Copyright

Governing Law

The terms of this Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Vermont, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Vermont State, USA in all disputes arising out of or related to the use of the Sites.

Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

No License

Nothing contained on the Sites should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.

Vermont Use Only

The Sites are controlled and operated by the Company from its offices in the State of Vermont. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Sites should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Vermont.

Modifications

The Company may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the Sites; and (c) discontinue the Sites at any time. The Company shall post any revision to this Agreement to the Sites, and the revision shall be effective immediately on such posting. You agree to review the terms of this Agreement and other online policies posted on the Sites periodically to be aware of any revisions. You agree that, by continuing to use or access the Sites following notice of any revision, you shall abide by any such revision.

Acknowledgement

BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THEM.