PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). SONIC COMFORT™ PROVIDES ITS SERVICES TO YOU (THE “CUSTOMER”) SUBJECT TO THE FOLLOWING USER AGREEMENT (“AGREEMENT”). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND TO THE PRIVACY POLICY, YOU MAY NOT USE THIS SITE.

Who We Are

As used in this Agreement, and on this site, ” SONIC COMFORT™ ” refers to the company Smart Circle International LLC (“Smart Circle”) and the website thesoniccomfort.com. All content held on this website is the exclusive property of Smart Circle International LLC .

Changes to These Terms of Use

SONIC COMFORT™ reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules as well as its Privacy Policy from time to time at any time, without notice, and in its sole discretion. If SONIC COMFORT™ decides to change any Terms of Use, SONIC COMFORT™ will post a new version on this Site and update the date set forth below. Any changes or modifications to this agreement or any Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. Your continued use of this Site following the posting of any changes or modifications shall constitute your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using this Site. For this reason, you should frequently review this agreement and these Terms of Use, our Guidelines and Rules and all of our other policies, including their modification dates (if any), to understand the terms and conditions that apply to your use of this Site.

Grant of Use of Cookies

Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the sites or service providers’ systems to recognize your browser and capture and remember certain information. Your use of this Site is your consent to our use of cookies.

We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

Grant of Use of Services

Permission is granted to use the content and software (the “Services”) on this Site as a shopping and personal care resource, but for no other purpose. Any other use of Services on this Site including, but not limited to, reproduction for purposes other than those noted above, or any modification, distribution or republication, without the prior written permission of SONIC COMFORT™ is strictly prohibited.

Purpose of Sales

All sales of products by SONIC COMFORT™ are limited to personal use and may not be made in conjunction with any resale or any commercial use. We reserve the right to limit quantities to normal retail purchases and reserve the right to decline any orders.

Copyright

All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of Smart Circle International LLC (SONIC COMFORT™) or its respective content providers, and are protected by U.S. and international copyright laws. All software used on this Site is the property of SONIC COMFORT™ or its respective software suppliers. Such software is protected by U.S. and international copyright laws and other laws and treaties. Any other use of materials on this Site – including reproduction for purposes other than those expressly permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of SONIC COMFORT™ is strictly prohibited.

Trademarks

All trademarks, service marks, brand messaging, logos, trade dress and trade names used on the Site (collectively the “Marks”) are proprietary to Smart Circle International LLC (SONIC COMFORT™) and may not be used in connection with any product or service that is not offered by SONIC COMFORT™ in any manner not expressly authorized by SONIC COMFORT™ or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SONIC COMFORT™. All other marks used on the Site are the property of their respective owners.

Privacy Policy

SONIC COMFORT™ and thesoniccomfort.com protects customer information according to the Privacy Policy posted on this Site. The Privacy Policy can be found here. The Privacy Policy, as amended from time to time, is incorporated by reference and is a part of this Agreement.

Satisfaction Policy

If for any reason you are not satisfied with your experience on this Site, please contact us at info@thesoniccomfort.com.

Disclaimer – Beauty Products

The use and selection of skin care products, cosmetics, and fragrances and other health personal care and beauty products (“Beauty Products”) requires care to be certain that all directions and warnings are observed and followed and that the Customer is aware of the possibility that some people may have allergic or other reactions to any such Beauty Products. You should always check the ingredients for all Beauty Products before use to avoid potential allergic reactions. SONIC COMFORT™ and thesoniccomfort.com does not give and does not intend to give any answers to any medical-related or health-related questions and this Site does not replace any health or medical advice. SONIC COMFORT™ and thesoniccomfort.com is not a healthcare professional. No SONIC COMFORT™ product is intended to treat any medical condition. IF YOU ARE IN NEED OF ANY MEDICAL ATTENTION, CALL 911 IMMEDIATELY.

General Disclaimer – All Products

THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED OR OFFERED IN THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SONIC COMFORT™ AND thesoniccomfort.com DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SONIC COMFORT™ AND thesoniccomfort.com DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE ANY RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE AS ARE SHIPPING CHARGES/COSTS AND DELIVERY TIMES.

Limitations on Liability

IN NO EVENT SHALL SONIC COMFORT™ AND/OR thesoniccomfort.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT CUSTOMER PAID TO SONIC COMFORT™ FOR THE PRODUCT(S) AT ISSUE, EVEN IF SONIC COMFORT™ AND thesoniccomfort.com HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE.

THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST SONIC COMFORT™ AND/OR thesoniccomfort.com WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS THROUGH THIS SITE UNLESS SUCH ACTION OR PROCEEDING IS BROUGHT WITHIN ONE YEAR OF SUCH USE OR PURCHASE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ALL PROVISIONS WITHIN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT OF ALL RELEVANT LAWS.

Order Acceptance/Shipping Terms/Refunds

Acceptance of all orders by SONIC COMFORT™ and thesoniccomfort.com occurs only upon shipment from SONIC COMFORT™’s distribution center. The receipt of an email confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock. SONIC COMFORT™ and thesoniccomfort.com reserve the right, without prior notification, to limit the order quantity on any item, to decline any order and/or to refuse service to any Customer. Verification of order and customer information may be required prior to the acceptance of any order. At all times, SONIC COMFORT™ and thesoniccomfort.com are not obligated to fulfill any order and may notify the Customer of a back-order and the estimated time for shipment (in which case the order shall be deemed to remain open unless Customer cancels prior to the actual shipment date). Charges to Customer’s credit card shall only be processed when any shipment has been made. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order.

Governing Law/Delaware Jurisdiction/Jury Trial Waiver

THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, IN THE U.S.A. ALL CUSTOMERS AND ALL SITE USERS ACCEPT THIS AGREEMENT AND CONSENT AND AGREE TO EXCLUSIVE JURISDICTION IN THE STATE OF DELAWARE, U.S.A., PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. SONIC COMFORT™ thesoniccomfort.com, ALL USERS AND ALL CUSTOMERS WAIVE ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN ANY OF THEM TO THE FULLEST EXTENT PERMITTED BY DELEWARE LAW.

Severability

If any provision of this Agreement is found to be void or unenforceable, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.

Waiver

The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party. To be enforceable, all waivers must be reflected in a writing signed by all parties.

Entire Agreement

This Agreement shall, as the same may be amended from time to time, constitute the complete and entire agreement between SONIC COMFORT™ thesoniccomfort.com, all site users and all Customer with respect to the subject matters hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by SONIC COMFORT™ and thesoniccomfort.com without any need of further notice and shall not be part of this Agreement or in any way binding upon SONIC COMFORT™ and thesoniccomfort.com.

Acceptance

Use of this Site represents an acceptance by Customers of the terms of this Agreement as well as all other policies, guidelines, and rules. Use of this Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and all the policies published by SONIC COMFORT™ and thesoniccomfort.com on this Site, which shall be the entire agreement of all parties, all customers and all users. Amendments or other modifications to this Agreement may, from time to time, be made by SONIC COMFORT™ and thesoniccomfort.com sending an email to the Customer at Customer’s last known email address or by posting the same on this Site.

Our Address and Contact Information Relating to the Terms of this Agreement

If you have any questions regarding the terms of this Agreement, you should contact SONIC COMFORT™ as follows:

1.877.630.9788

info@thesoniccomfort.com

This Agreement was last modified on March 21, 2017.