Terms Of Service

Website Terms of Service

OVERVIEW
This website is operated by GoodSounds 2Me. Throughout the site, the terms “we”, “us” and “our” refer to GoodSounds 2Me. GoodSounds 2Me offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms of service, conditions, policies and notices stated here.

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

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 – ONLINE STORE TERMS OF SERVICE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
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.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. 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 or Services 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 or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
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.

For more details, please review our Refund Policy:

SECTION 7 – OPTIONAL 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 the 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 website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
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. 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.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service 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.

SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
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.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall GoodSounds 2Me, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless GoodSounds 2Me and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
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 Service, 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 Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs 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 Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at goodsounds2me@gmail.com.
Our contact information is posted below:
Good Sounds 2Me
goodsounds2me@gmail.com
2186 JACKSON KELLER RD. STE 638 SAN ANTONIO, TX 78213

(210) 960-0648
support@goodsounds2m.com

Welcome to www.goodsounds2me.com (the “Website”).  These Website Terms of Service, our separate Privacy Policy, and our separate Refunds & Returns Policy (collectively, the “Policies”) all apply to your use of this website. Please carefully read these Terms of Service and the associated policies. By using the Website, you agree to be bound by and accept these Website Terms of Service and all other Policies, as well as the terms and conditions specified here and there.

Only if you accept these Terms of Service and all related Policies should you use this website. This Website is the sole property of GoodSounds2M©, a Texas corporation, (the “Company,” “GoodSounds2Me,” “we,” “our,” or “us”) and shall not be used for any purpose that is unlawful or otherwise prohibited by these Website Terms of Service and the other Policies. 

You undertake not to use this website and it’s Terms of Service in any way that could harm, disable, overburden, or impair it, or that would obstruct anybody else from using it. You should not rely on any of the information or materials on this website (the “Content”) for any reason at all. You hereby bear all risks related to the use of this website.

TRADEMARKS

This website includes elements, such as names, expressions, and/or logos, that are either the company’s or its licensors’ registered or unregistered trademarks, service marks, or trade dress. Nothing on this website should be read as conferring any license or permission to use any trademark, service mark, or trade dress used on this website in any way, whether directly, implicitly, legally, or otherwise mentioned in our Terms of Service.

Without the express written consent of the Company, it is strictly forbidden to use any trademark, service mark, or trade dress in any unauthorized or unlawful manner, including but not limited to doing so on another website as part of a link to this Website.

COPYRIGHT

The Company and/or its licensors have the right of ownership over the Content published on this website. Without the company’s permission, it is totally forbidden to use any of the content on this website as mentioned in this Term of Service agreement.

You are not allowed to change, duplicate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise exploit any information, Content, pictures, materials, products, or services obtained from this website, unless expressly permitted by these website terms of service. To the maximum extent of the law, the Company will zealously enforce its intellectual property rights.

Social Media

Links to other websites, blogs, wikis, file-sharing services, user-generated content, virtual worlds, social networks, or other online publishing or discussion platforms (collectively “Social Media“), including Facebook®, LinkedIn®, Twitter®, YouTube®, and/or Instagram®, may be found on this website.

For informational purposes only, the company makes its social media pages accessible on any such websites. The policies and any rules and disclaimers the company posts on social media platforms, if any, apply to your usage of the company’s pages there.

Communication Forums

This website might offer bulletin board services, chat rooms, news groups, forums, communities, personal web pages, calendars, and/or other messaging or communication facilities (collectively, “Communication Forums”) that allow you to engage with the general public or with a group.

You consent to only posting, sending, and receiving messages and materials that are appropriate and pertinent to the specific communication forum when using the communication forums. You agree that when using a Communication Forum and the Website, you will not do the following, by way of illustration only and not as a limitation:

(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, (b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, (c) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents,

(d) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage this Website or the operation of another’s computer, (e) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Forum specifically allows such messages, (f) conduct or forward surveys, contests, pyramid schemes or chain letters,

(g) download any file posted by another user of a Communication Forum that you know, or reasonably should know, cannot be legally distributed in such manner, (h) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, (i) restrict or inhibit any other user from using and enjoying the Communication Forums,

(j) violate any code of conduct or other guidelines which may be applicable for any particular Communication Forum, (k) harvest or otherwise collect information about others, including e-mail addresses, without their consent, or (l) violate any applicable laws or regulations.

The Company is not required to keep an eye on the communication forums. The Company, however, reserves the right to: (1) review materials posted to a Communication Forum and to edit, refuse to post or remove any information or materials, in whole or in part, in its sole discretion,

(2) terminate your access to any or all of the Communication Forums at any time without notice for any reason whatsoever, and (3) disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

When disclosing any personally identifying information about you or your kids in a communication forum, exercise prudence at all times. The Company expressly disclaims any duty with relation to the Communication Forums and any actions that may arise from your participation in any Communication Forum because the Company neither monitors nor endorses the content, messages, or information found there. The opinions of managers and hosts do not always represent those of the company because they are not authorized company spokespersons.

There may be posted restrictions on use, replication, and/or dissemination of materials uploaded to a communication forum. If you download any materials, you are in charge of following these restrictions.

Submissions

Any feedback, ideas, recommendations, or other non-personal communications made to the Company through this website shall be regarded as non-confidential. By giving the Company access to such information or materials, you hereby grant the Company a non-exclusive, permanent, irrevocable license to use, reproduce, alter, publish, edit, translate, distribute, and display such information or materials.

Without this permission, no information or materials may be sent to the Company. You warrant and represent that you own or otherwise control all of the rights to the information or materials you are giving to the Company, including, without limitation, any rights necessary for submission of the information or materials to the Company. No information, including but not limited to any personally identifiable data, should be submitted to this website by anyone under the age of 18.

No information or materials submitted to this Website may contain any of the following:

(a) any vulgar, obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing information or material; (b) any sexually-explicit information or materials; (c) any copyrighted, trademarked or other proprietary information without the owner of such information’s consent;

(d) any trade secrets or other confidential information without the owner of such information’s consent; (e) any information or material that infringes upon any intellectual property rights or privacy rights of any person or entity; or (f) any advertisements or solicitations for business.

Links

Links to websites not owned, controlled, or maintained by the Company may appear on this website. The only purpose of these links is to make it easier for you to access other websites that offer legal and other information. The Company has no control over and assumes no liability for any information, products, or services on or available from the linked websites.

Any links to other websites are given for your convenience only. The inclusion of its link does not imply Company endorsement, association, or affiliation with the linked website, any associated products, services, or other materials. Without the express written authorization of the Company, no other website may provide a link to this Website, and this prohibition extends to using the Company’s trademarks and service marks to signify any such link.

Employment

On this website, the Company may post job openings or information about employment opportunities. The Company is an equal opportunity employer and offers qualified candidates equal employment opportunities without regard to age, veteran status, sexual orientation, race, color, religion, sex, national origin, or any other classification that is protected by applicable law. There is no stated or implied employment connection between you and the Company as a result of the inclusion of any employment-related material or opportunities on this website.

Recipes; Ingredients; Finished Goods

From time-to-time, the Company may publish on the Website or otherwise make available to customers (through third party links or otherwise) recipes or instructions for the creation of sea moss gels, candles, soaps or other products (each a “Recipe” and collectively the “Recipes”).   Additionally, from time-to-time you may choose to purchase through the Website or otherwise from the Company PRODUCTS AND raw ingredients (“Ingredients”) for your creation of sea moss gels, candles, soaps or other products (“Finished Goods”). 

Whether you use a recipe from the Website, a third-party link, or another source, and whether you use ingredients you bought from the Website or somewhere else, the Company is not liable for the results of any recipe or instructions you try.

Furthermore, GoodSounds2Me© shall not be responsible for any Finished Goods you create utilizing Ingredients purchased from us.  Additionally, the Company shall not be responsible for your failure to comply with: (1) applicable law, including, without limitation, fda regulations, and/or (2) ifra guidelines. 

By: (a) voluntarily using any Recipe provided on Website, linked to the Website, or otherwise made available by the Company, (b) by purchasing Ingredients for the use in making any recipe or following any instructions, whether a Recipe provided or made available by the Company or a recipe or instructions made available by any other party, or created by you, or (c) by purchasing Ingredients from the Company for use in creating or manufacturing any Finished Goods by you, you hereby:

(1) voluntarily and irrevocably assume the risk of any potential injury that may result, including, without limitation, personal injury, including death, and/or property damage, and (2) waive and release the Company, and its members, managers, shareholders, directors, employees, agents, representatives, successors and assigns from any and all liabilities, damages, injuries, claims, causes of action, costs or expenses which may in any way arise as a result of or related to:

(i) your use of any Recipe provided on Website, linked to the Website, or otherwise made available by the Company, (ii) your purchase of Ingredients for the use in making any recipe or the following of any instructions, whether a Recipe provided or made available by the Company or a recipe or instructions made available by any other party, or created by you, or (iii) your use of Ingredients in creating or manufacturing any Finished Goods.

Disclaimer

THIS WEBSITE OUR TERMS OF SERVICE AND ALL CONTENT AND OTHER MATERIALS HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED.  THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WHERE PERMISSIBLE BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. 

THE COMPANY MAKES NO WARRANTIES IN THIS TERMS OF SERVICE OR REPRESENTATIONS THAT THE WEBSITE WILL BE UNINERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL OR DAMAGING COMPONENTS OR CONTENT. 

THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS IN THIS TERMS OF SERVICE ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIAL ON THIS WEBSITE.  IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF USE, LOSS OF DATA OR ANY OTHER PECUNIARY LOSS RESULTING TO YOUR COMPUTER OR YOUR BUSINESS, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE.

Indemnification

By using this Website and agreeing to our terms of service, you agree to defend, indemnify, and hold harmless the Company, its members, managers, shareholders, directors, officers, employees, agents, representatives, successors and assigns from and against any and all claims, actions, damages, penalties, fines, costs, expenses, losses or other liabilities, including, but not limited to, reasonable attorney fees, , arising from, in connection with, or in any way relating to your use or misuse of this Website or breach of the Policies.  The Company reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Representations and Warranties. 

By using the Website, you hereby represent and warrant to the Company that: (a) the Policies are the legal, valid and binding obligations of you enforceable against you in accordance with their terms; (b) you have full authority to enter the Policies and your entering the Policies does not require the approval or consent of any third party; and (c) your use of the Website will be in accordance with the Policies.

MODIFICATIONS AND REVISIONS

The Policies are subject to change or revision at any time by the Company, at its sole discretion, without prior notification to you. The Website will be updated with any updates to the Policies. As a result, you should evaluate the Polices on this Website on a regular basis.

Procedure for Making Infringement Claims

The Company respects the intellectual property rights of others and demands that those who visit or use the Website do the same.  If you believe your intellectual property rights have been violated in any way by the Company or the Website, pursuant to the Digital Millennium Copyright Act (“DMCA”), please provide the Company a written (not email) notice to its designated agent containing the following information:

1. The signature of a person authorized to act on behalf of the owner of the intellectual property allegedly infringed;
2. A description of the intellectual property you claim has been infringed upon;
3. A description on the content you claim is infringing and where it appears on the Website;
4. Your contact information, i.e. you name, address, telephone number, and email address;
5. A statement that the owner has a good faith belief that use of the allegedly infringing content is not authorized by the owner of the intellectual property, its agent, or the law; and
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

The Company’s designated Agent for DMCA notification of infringement is as follows:

Burley Tr Services

2186 Jackson Keller Rd Ste 638

San Antonio, TX 78213

Attn: Trust Legal Aid

PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Website Accessibility Statement

Accessibility Assistance. Alternate Method.

If you encounter difficulty using or accessing any element of the Website provided by GoodSounds2Me©, please contact us at  support@goodsounds2me.com 

Goal of Accessibility for All

GoodSounds2Me© wants you to enjoy your time on our website, and we work to advance inclusivity and accessibility. We want to make using our website as successful and pleasurable as possible, regardless of whether you need assistive technologies like speech recognition software, captions for videos, a screen reader, or a magnifier.

Actions

We are actively devoting resources and taking a wide range of actions to enhance the accessibility of our Website. The following examples are listed below:

1. Working with our Website platform company to review our Website for accessibility in relation to Web Content Accessibility Guidelines (WCAG).
2. Approaching an outside accessibility web firm with experience and skills pertaining to accessibility
3. Creating a statement that promotes accessibility
4. Allowing for keyboard navigation
5. Including captions for video content
6. Offering alternate methods of doing business and communication with GoodSounds2Me©, such as through our brick and mortar store and through telephone communications
7. Reviewing our website periodically to test accessibility
8. Requesting feedback and suggestions from our customers on how we can improve our accessibility
9. Providing employee training regarding any accessibility issues
10. Working with our third party technology suppliers to promote the accessibility of all third party components of our technology environment

Ongoing Effort

Although we are proud of the efforts that we have completed and that are in progress, we at GoodSounds2ME© view accessibility as an ongoing effort.

Feedback

Please contact us at support@goodsounds2me.com if you have any feedback or suggestions as to how we could improve the accessibility of our Website.

General Provisions

The Company reserves the right, in its sole discretion, to terminate your access to this Website and related services or any portion thereof, without notice for any reason whatsoever.  The use of this Website and the Policies shall be governed by the laws of the State of Texas, without regard to conflict of law provisions. 

The state and federal courts of Bexar County, Texas shall have exclusive jurisdiction over any arbitration or legal proceedings arising out of your use of this website or any term of the Policies. Any waiver by the Company of a violation of a policy provision does not apply to or be interpreted as a waiver of any subsequent violations of that policy provision or of any other policy provision. 

The Policies and any provision therein shall not be deemed null and void and shall not be affected or impaired if one or more of the provisions included therein shall be determined by any court of competent jurisdiction to be unlawful, invalid, unenforceable, or void in any aspect.

All prior agreements with regard to the use of this Website are hereby superseded by the Policies, which include the full agreement between you and the Company with regard to its use. Any joint ventures, partnerships, agency relationships, or employment relationships between you and the Company resulting from your use of this website are expressly prohibited. Any locality, state, or nation that does not fully implement all Policies stipulations is not permitted to use this Website.

Contact Us

Please contact us at support@goodsounds2me.com if you have any inquiries or concerns about how to use this website or the policies. The Company will make a fair attempt to respond to your questions or comments, but it cannot promise that it will. Note that no interactions or correspondences with the Company should be interpreted as legal advice because the Company is unable to do so.

Attorney Fees 

In the event of a disagreement between you and the Company regarding any claim arising from your use of the Website or the Policies, the Company, if it prevails, shall be awarded all costs associated with asserting or defending a claim, including reasonable legal fees, as well as the customary costs and expenses incurred in resolving the dispute, including, without limitation, all fees and expenses related to arbitration.

Arbitration/Class Action Waiver

ALL DISPUTES BETWEEN YOU AND THE COMPANY, WHETHER ARISING IN TORT OR CONTRACT, INCLUDING WITHOUT LIMITATION ALL DISPUTES ARISING OUT OF THE POLICIES AND THE VALIDITY THEREOF, INCLUDING THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER, SHALL BE FINALLY SETTLED BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR BEXAR COUNTY, TEXAS PANEL OF ARBITRATORS.

IF THE PARTIES ARE UNABLE TO AGREE UPON AN ARBITRATOR WITHIN TEN (10) CALENDAR DAYS, EACH PARTY SHALL SELECT AN ARBITRATOR. THE TWO ARBITRATORS SELECTED SHALL SELECT A THIRD ARBITRATOR AND ALL DECISIONS THEREAFTER SHALL BE MADE BY A MAJORITY OF THE ARBITRATORS. THE ARBITRATION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.) AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED BY ANY COURT HAVING JURISDICTION THEREOF. 

UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR(S) IS NOT EMPOWERED TO AWARD DAMAGES IN EXCESS OF COMPENSATORY DAMAGES AND EACH PARTY HEREBY IRREVOCABLY WAIVES ANY DAMAGES IN EXCESS OF COMPENSATORY DAMAGES.

ARBITRATION PROCEEDINGS SHALL BE COMMENCED BY ANY PARTY TO THIS AGREEMENT BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE REQUESTING ARBITRATION.  ANY ARBITRATION HEARING SHALL BE HELD IN BEXAR COUNTY, TEXAS, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY AWARD RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY ARBITRATION RULES TO THE CONTRARY,

THE AWARD OF THE ARBITRATOR(S) MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR(S) IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR(S) DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.

Arbitration shall proceed solely on an individual basis without the right for any claims OR DISPUTES to be arbitrated on a class action basis or on bases involving claims OR DISPUTES brought in a purported representative capacity on behalf of others.

The arbitrator’s authority to resolve and make written awards is limited to claims OR DISPUTES between you and the Company alone. Claims OR DISPUTES may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.