Terms & Conditions

Introduction

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DO NOT USE THIS SITE. You should call 911, visit the nearest emergency room, or contact your local crisis center.

YOU UNDERSTAND THAT BY CLICKING “I ACCEPT”, “I AGREE”, BY ELECTRONIC SIGNATURE, OR SIMILAR, OR BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS, YOU MAY NOT USE THE SERVICES.

This website and all assets and intellectual property are owned and operated by Sono Center, Inc., a California corporation (referred to in this Agreement as “Sono Center,” “Company,” “us,” “we,” or “our”). Please note that Sono Center is an imaging center, providing ultrasound and other imaging services for screening purposes. Sono Center does not provide primary or specialty care services.

Sono Center provides medical imaging services and forwards imaging for outside physician review. Any communication by Sono Center representatives (including communications with a patient or a patient’s loved one regarding abnormal results) does not establish or constitute a provider-patient relationship. You must contact your healthcare provider with any questions or concerns regarding your personal health or medical conditions. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and your healthcare provider.

Your use and continued interactions of this website constitutes your agreement to our Terms and Conditions and other policies, such as the Privacy Policy. Please read below carefully and do not use this Website if you do not agree to our terms, conditions, and policies. This is part of a legally binding contract by and among Company, you (i.e. the patient or patient’s agent or representative) and any other entity through which services are delivered in connection with Company. In the event that you receive services on more than one occasion and/or at more than one location and/or through more than one of Company, this Agreement governs the parties’ relationship continuously throughout its term. This Agreement incorporates by reference as if set forth here all other documents that Company provides or asks you to complete. No other amendments or modifications may be made by either party without notice to and acceptance in writing by both parties. These terms shall be binding on, and shall inure to the benefit of the parties to it and their respective heirs, legal representatives, estates, successors in interest, legatees, permitted transferees, and assigns.

1. Agreement to Terms and Conditions

These Terms and Conditions (“Terms” or “Agreement”) govern your use of our website from any locations. It also applies to your use of all features, applications, content, downloads and/or other services we own, control, and make available through this website, including the online booking system (collectively “Services”), regardless of how you access or use it, whether via computer, mobile device or otherwise (collectively, the “Website”) or whether Services are arranged in another manner. By using the Website, you acknowledge and accept our Terms and Conditions and Privacy Policy, and you consent to the collection and use of your data in accordance with the Privacy Policy. By interacting with and/or using the Website, you signify your assent and agreement to these Terms. If you do not agree to these Terms, please do not use the Website.

This Agreement is divided into two parts: (1) Part One explains all of the terms that govern your use of the Services; and (2) Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Services, you must accept all of the terms of this Agreement.

You should read these entire Terms; but here is a partial list of some of the terms that we want to bring to your initial attention in the event you are on a smartphone or other device with a small screen. Capitalized terms have the meanings given to them defined in these Terms. Each time you use the website, the Terms below, and any applicable additional terms then posted apply, so you should check back each time you return for any updates.

You may only use the content on this Website in connection with your permitted activities on the Website and not in an offline environment or in connection with another site or service.

Except as set forth in the Privacy Policy that applies to the Website and our Notice of Privacy Practices for Protected Health Information, we do not have a confidential, fiduciary, or any other special relationship by virtue of your use of the Website or your communications to us through or related to the Website.

You consent to our Privacy Policy, Privacy Practices for Protected Health Information, and their practices detailed in them.

We are providing the Website to you on an “as-is” basis, without any warranty of any kind, and our liability to you in connection with your use of the Website is very limited. Many other limitations and disclaimers relate to your use of the Website.

2. Changes to Terms and Conditions

We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on our Website. Any use of our Website or Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that was in place when the dispute arose.

PART 1. Terms Governing Use of the Website

1. Emergencies; NOT FOR EMERGENCY USE

This Website and our Services (including the online booking service that we offer) is NOT an emergency-response or emergency-monitoring service. Any person who is aware of an emergency situation or believes that a person may be at risk of injury or death or who may harm themselves or another person should dial “911” or an appropriate emergency responder. Company is under no obligation to monitor or respond to communications made to this website.

2. Age Limitations; ADULTS ONLY

This Website and our Services are intended and only suitable for individuals 18 years of age and above. Children under the age of 13 are not permitted to use this website. We strongly recommend that children between the ages of 13 and 17 ask their parent’s or guardian’s permission before viewing our website. Company hereby disclaims all liability for use by individuals under the age of 18.

“What if you are not over the age of 18?”

No parts of our Website are directly to minors under the age of 18. Furthermore, we do not knowingly collect or maintain Personal Information from persons under 13 years of age without verifiable parental consent, as required by the Children’s Online Privacy Protection Act (“COPPA”). If you are under 13 years of age, please do not use our Website. If we learn that Personal Information of persons less than 13 years of age has been collected without verifiable parental consent, we will take the appropriate steps to delete this information. To report any concerns or make a request for any such information to be removed, please contact us at info@thesonocenter.com.

3. Information on this Website is Not Professional Advice; INFORMATION ONLY

All data, information, text, graphics, links, and other material on this website are provided as a convenience to our Website visitors. The information provided on this Website is for general informational and educational purposes only. The information provided on our Website is not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom. Information provided on this website does not constitute the provision or practice of medical or professional healthcare advice or services. Also, the use of this Website does not automatically entitle or guarantee you services of a licensed healthcare professional.

Company does not warrant that the information contained in this website is complete, accurate, current or reliable. Company makes no representations or warranties, express or implied. This information is not intended to be, nor should it be considered, professional medical or legal advice. You should contact your physician or other health professional for advice concerning a particular condition or concern.

You should consult your physician or other qualified healthcare provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on this Website or other websites linked to or from it.

4. Restricted Use

You may use this website only to the extent that you obey all laws, rules, and regulations applicable to your use of this Website. Please do not share any Personal Information about another person, without the person’s consent.

Specifically, you agree not to use this Website or Services:

• In any way that violates any applicable federal, state, local, or international law or regulation regarding the export of data or software to and from the US or other countries.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that is offensive, harmful, infringing, obscene, defamatory, abusive, deceptive, untrue, misrepresentative or illegal.
• To transmit, or procure the sending of, any advertising or promotional material.
• To impersonate or attempt to impersonate (i) Company, (ii) Company’s processors, providers, licensors, subsidiaries, affiliates, agents, directors, officers, employees, contractors, and representatives, (iii) another patient or visitor of the Website, or (iv) any other person or entity.
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of this Website, determined at the sole and absolute discretion of Company.
• To use the Website in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Website.
• To use any robot, spider, or other automatic device, process, or means to access the Services for any purposes.
• To use any manual process to monitor or copy any of the Website consent or material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• To use any device, software or routine that interferes with the proper working of the Services.
• To introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
• To attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• To attempt to interfere with the proper working of the Services.

5. Your Privacy

Upon acceptance of these Terms, you confirm that you have read, understood, and accepted Company’s Privacy Policy.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject cookies; however, our website may not function properly if you do so.

If you are interested in more information about interest-based advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link or TRUSTe’s Advertising Choices Page to opt-out of receiving tailored advertising from companies that participate in those programs.

Please note that even after opting out of interest-based advertising, you may still see Company’s advertisements that are not interest-based (i.e., not targeted toward you). Also, opting out does not mean that Company is no longer using its tracking tools—Company still may collect information about your use of the website even after you have opted out of interest-based advertisements and may still serve advertisements to you via the website based on information it collects via the website.

6. Account Registration

Before you are able to use the Services, such as the online booking system, you may be required to create or register for a user account. You hereby agree to provide complete, accurate information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and current.

7. Transactions

Financial Responsibility

You acknowledge and understand that, upon voluntarily becoming a client of Company, your agreement with Company is non-transferable and will govern your relationship for all Services provided by Company. You acknowledge and understand that you are responsible for any and all charges incurred for healthcare Services rendered by the Company. You acknowledge that, in an emergency, I must call 911 immediately before contacting Company and seek any needed emergency care without waiting for Company to respond. You agree to pay any and all costs and expenses incurred by Company in the collection of this debt, including but not limited to court costs, attorneys’ fees, and costs of appeal.

Payment Information

We do the best we can to list the current pricing of the Services available through the Website, such as SonoCine Automated Whole Breast Ultrasound and General Ultrasound Services at https://thesonocenter.com/ultrasound-pricing. However, Company reserves the right to offer additional Services and to establish and amend the prices and charges for its Services without advance notice. In exchange for receiving service, you agree to pay the Company’s charges via cash, check, credit card or any other method as Company requests and accepts. You acknowledge that, Company does not participate in any health insurance plans, does not bill insurance, and Company fees are not covered or reimbursable by Medicare or any other insurance.

If you wish to purchase Services described on our Website (including through the online booking system) or linked to on our Website or otherwise available via Sono Center, if applicable (each such purchase, a “Transaction”), Company (or the third-party provider of the service) will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment information. You agree to pay all fees incurred by you or any users of your account or credit card (or other applicable payment mechanism) at the price(s) in effect when such fees are incurred and pursuant to terms presented to you when engaging in Transaction.

By providing a credit card or other payment method accepted by us (“Payment Method”), you are expressly agreeing that we are (or our third-party service provider is) authorized to charge the Payment Method for the total amount due, together with any applicable taxes (collectively, as applicable, a “Purchase”). Credit and other payment card transactions may be processed by a third-party payment processor, and you agree to comply with the payment terms of such third-party payment processor. You represent and warrant that you have the legal right to use any credit card(s) or other payment mechanism used in connection with any transaction.

If the Payment Method cannot be verified, is invalid, or is otherwise not acceptable, your Purchase may be suspended or canceled. You must resolve any payment method problems before we proceed with your Purchase. If a payment is not successfully settled and you do not edit your Payment Method information or cancel your Purchase or account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated.

If you pay by credit card, you authorize Company to charge the credit card for Services rendered in accordance with the terms and conditions of this Agreement. You understand and acknowledge that any charges made to your credit card under this Agreement will constitute a “final sale.” Thesc amount to be charged to the credit card shall be determined in accordance with the payment terms of the Agreement. Notwithstanding any rejection or declination of the credit card for any reason, you agree to be liable and financially responsible for any and all fees and charges due for the Services. If there is a credit card dispute, Company may immediately suspend acceptance of the credit card and demand payment in full of all amounts due in cash, by electronic transfer or by certified check. If there is a limitation on individual transactions, Company may divide the total charge into incremental portions in order to process the charge on the credit card.

If you dispute any charges, you must notify us in writing within sixty (60) days after the date that you are charged. We, in its sole discretion, may offer credits or refunds on a case-by-case basis.

Physician Testing Orders and Consultations

As an imaging center that operates on a direct-to-consumer basis, Sono Center will perform ultrasound testing with or without a physician or other health professional’s order for screening ultrasound services. At the same time, We encourage you to be under the current care of a licensed physician or healthcare provider (“Provider”), to review your plans for testing with your Provider, and to consult with your Provider about your ultrasound testing results and any follow up required. For diagnostic ultrasound services, we require that you request that your Provider transmit an diagnostic imaging order prior to your booking any appointments or purchasing any ultrasound services through us. In addition, although We require direct payment from you, if you wish to seek reimbursement for diagnostic ultrasound testing from your health insurance plan, we recommend that you request that your Provider transmit an diagnostic ultrasound testing order prior to your booking any appointments or purchasing any ultrasound services through us for the specific service type you desire to book or purchase. Please note that we make no guarantees concerning reimbursement, which is subject to health plan coverage rules, and you acknowledge that the cost of testing is your responsibility. In the event that you do not have a Provider and would like recommendations, we may provide you resources, including information regarding physician(s) or medical group(s) that can help you with your need.

Interpretation of Results. We will provide you with the results of the testing you book or purchase. However, as noted above, Sono Center is an imaging center, not a medical group. As a consequence, no doctor-patient relationship exists between you and Sono Center. Your Provider is the only person authorized by law to interpret (i.e., go over with you and make decisions based on) your results. (Please note that even in an unusual case where one of our staff flags or reports abnormal results (which is not legally required), you are responsible to follow up with a doctor or other health professional.) Interpreting screening or diagnostic results and making healthcare decisions based on those results is something that you must do with your Provider, and for which we are not responsible. If you do not have a Provider and would like a recommendation, please let us know in advance.

You acknowledge and understand that when you receive your imaging results from us, it is your responsibility to and is essential that you read the reports carefully and follow up with your Provider for any further recommendations. You acknowledge and agree to follow up with your Provider regarding the interpretation of your results and how best to incorporate those results into your overall care plan immediately.

Additionally, you acknowledge and understand that the Services you ordered through our Website might not have found all of the problems, diseases, or abnormalities that you may have. We may ask you to return for additional testing based on the radiologist’s recommendations. However, you understand that it is your responsibility to make the appointment and remain compliant with your appointment. If additional tests, studies, imaging, procedure, or biopsy is recommended, you must contact your Provider immediately for further instructions.

8. Third-Party Service or Product- NO ENDORSEMENT

Descriptions or images of, or references to, any third-party products or services on this Website do not imply Company’s endorsement of such products or services. You acknowledge that you are using third-party products or services at your own risk, and we reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Company’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Company is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to Company’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction. Current rates for any product or service available through the website may be obtained by sending an email to info@thesonocenter.com.

9. Monitoring

We have no obligation to monitor any related websites, chats, discussion boards, or any other materials that you or third parties transmit or post on or to the website or related websites (including any external review websites). However, you acknowledge and agree that we have the right (but not the obligation) to monitor the website, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the website properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.

10. Copyright Notice

This Website is owned and operated by Company. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the website and materials contained on the website are either owned by Company, are licensed to it, or are used with permission. Company and its licensors retain and reserve all proprietary rights to the contents of this website.

You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Company. You may link to, view, download, use, display and print a single copy of the materials found on this website only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Company or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © 2024. All rights reserved.” Any other use of the website or the information contained here is strictly prohibited. Company may terminate the above license at any time for any reason. If you breach any of these terms, your license terminates immediately and automatically and without notice. Upon the termination of this license, you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.

11. Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this website infringes a valid copyright owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to: info@thesonocenter.com.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the website should be sent to the address above.

12. Trademark Notice

Company names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Company. All rights are reserved. You are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing on the website are the property of their respective owners.

13. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

14. Pictures

It is the Company’s policy to obtain any required permission for use of the pictures included in this website. In the event a picture has been included for which permission was not granted, it is through inadvertence and the picture will be removed upon receipt of notice. Please submit such request at info@thesonocenter.com.

15. Consent to Electronic Communications

While using this Website or/ and making a Transaction through this Website, you may be asked to provide your email address or telephone number. By providing us with your email address or/ and telephone number, you consent to receive electronic communications from us (e.g., via email or text message). These communications may include information about imaging locations, payment authorizations, password changes, and other transactional or administrative information. You agree that any notices, agreements, disclosures, or other communications sent electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You have the option to opt out of receiving these promotional emails or text messages at any time by following the unsubscribe instructions provided therein.

Part 2: Additional Legal Terms

1. Representation and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of this website will be in compliance with our Terms and Conditions.

2. No Warranties

Use of this Website at your Own Risk

To the maximum extent permitted by applicable law, the Website and Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Company or through this website will create any warranty not expressly stated herein. Without limiting the foregoing, Company Parties do not warrant that the content is accurate, reliable or correct; that this website will meet your requirements; that this website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that this website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of this website is downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data that results from such download.

Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through this website or any hyperlinked website or service, or featured in any banner or other advertising, and company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

3. Indemnity

By visiting this Website, you agree to indemnify, defend, and hold harmless any Company Parties from and against all claims, actions, demands, liabilities, judgments, settlements, costs, losses, damages, tax assessments, penalties, interest and expenses (including, without limitation, reasonable attorneys’ fees) arising out of any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this website, including, without limitation, any claims for defamation, violation of publicity or privacy, copyright or trademark infringement resulting from your submissions of any content, tagged content or other materials, any economic harm, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised company of the possibility of such claim.

4. Limitation of Liability and Damages

The user’s sole remedy for dissatisfaction with the Website and any of its services is to stop using the website or service. You agree that under no circumstance shall any of Company Parties be liable for any damage resulting from your use or inability to use this Website or the materials on this Website. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers all losses and claims of any type including, without limitation, direct or indirect, special, incidental, reliance, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption.

5. Disputes

If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact us at info@thesonocenter.com with any dispute.

If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Company, including Company Parties, are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Company including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, Company advertising, and any use of Company services.

6. Binding Individual Arbitration

You and Company agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Any arbitration under this agreement will only be on a individual basis; class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted, and you are waiving your rights to have your case decided by a jury and to participate in a class action against Company. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by ADR Services, Inc. according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Los Angeles County, California, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Company will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Company also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.

7. Jurisdiction

Information provided on Company’s website is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.

This website is a service provided by Company and does not constitute any contact with any jurisdiction outside the State of California. Use of this website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the website illegal. Users in such jurisdictions visit and use this website entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive remedy provisions and the warranty disclaimers.

This Agreement is entered into and performed in the State of California, United States of America. It is governed by and shall be construed under the laws of California, exclusive of any choice of law or conflict of law provisions.

8. Requests for Information

If you contact Company and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Online Privacy Policy.

9. Limitation on Time to Initiate a Dispute

Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

10. Links to Other Websites

Company website may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by Company. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in these Terms. Company expressly disclaims any liability for these websites. Please remember that when you use a link to go from our website to another website, our Online Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies.

11. Downloadable Files and Email

Company cannot and does not guarantee or warrant that email or files available for downloading from its website will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Company does not assume any responsibility or risk for damage to your computer or its files related to your use of the website or Services.

12. Notice for California Users

If you have a question or complaint regarding the Services provided to you by Company, please contact us at info@thesonocenter.com to receive further information regarding the services or to resolve the complaint. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by telephone at (800) 952-5210 or TDD (800) 326-2297, or in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834.

13. Notice to International Users

Company Parties are located in the United States of America. We make no representation that our Services or Website are appropriate or available in locations outside of the United States. You understand that if you chose to access this Website from locations outside of the United States, you are doing so at your own risk and agree that: (1) all or any part of the Services may not be accessible to you; and (2) Company will not be liable for any part of the Services that were unavailable to you given your location. We reserve the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Services or any portion thereof, with or without notice.

14. Assignment

You may not assign any rights or obligations under this Agreement without Company’s prior written consent. Company may assign all or part of this Agreement.

15. Survival

All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including, but not limited to, indemnity and limitation of liability clauses, shall survive.

16. Waiver

No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

17. Notices

You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.

18. Severability

If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.

19. Entire Agreement; Amendment

This Agreement constitutes the entire agreement between you and Company applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.

20. Conflicting Terms

Anything on the website inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.

21. Contact Information

Please contact us with any questions or concerns regarding this Agreement at: info@thesonocenter.com.