Terms of Use

Last Modified: 04/19/2024

Acceptance of the Terms

Welcome to www.sonexhealth.com, a website operated by Sonex Health, Inc. (“Sonex Health”, “we” or “us)” (“Website”). Your access to the Website and any of the content, services or products offered on this Website is subject to the following terms and conditions. By accessing or using this Website, you agree that you have read, understand, and agree to be bound to these terms and conditions (“Terms of Use”), as they may be amended from time to time, as well as to the terms of our Privacy Policy, which is hereby incorporated into these Terms of Use. You are responsible for periodically reviewing these Terms of Use for applicable changes, and your continued use of this Website after we have posted changes to these Terms of Use constitutes your acceptance to those changes. If you disagree with these Terms of Use (as they may be amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using the Website.

DISCLAIMERS

You acknowledge and agree that:

  1. THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE OR PROFESSIONAL ADVICE. Nothing contained within the Website is intended to constitute as medical advice, instruction for medical diagnosis, or instruction for treatment. Any information provided through the Website should be considered to be hypothetical, and not be considered complete, nor should it be relied upon to suggest a course of treatment for any particular individual. Information received from the Website should not be relied upon for personal, medical, legal, technical, or financial decisions. Sonex Health does not, through the Website or otherwise, directly or indirectly practice medicine, render medical advice, or provide medical services. After reviewing the Website and before taking any action related to any content on the Website, you are expected to make a reasonable investigation into, and consider the potential consequences of, any such action. This includes, but is not limited to, talking to your doctor to determine the best course of treatment for your individual condition. If you obtain any information through the Website, you use such information at your own risk. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 (OR OTHER APPLICABLE EMERGENCY NUMBER) IMMEDIATELY.
  2. This Website is intended for a U.S. audience and contains information about products and therapies that may not be approved, cleared, or authorized in your geography. You may see information about products or therapies that are not available in your country.
  3. Although we strive to provide on this Website the latest developments relating to our products and services, and other information about Sonex Health, we do not warrant the accuracy, effectiveness, and suitability of any information contained in this Website. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Sonex Health reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
  4. SONEX HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE. SONEX HEALTH HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL SONEX HEALTH BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS INTERNET SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE, REGARDLESS OF WHETHER SONEX HEALTH HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
  5. Sonex Health is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness, and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Website, Sonex Health will not edit, censor, or otherwise control any content provided by third parties on any bulletin board, chat room, or other similar forums posted on its Website. Such information should, therefore, be considered as suspect and is not endorsed by Sonex Health.
  6. This Website may contain forward-looking statements that reflect Sonex Health’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity, and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Sonex Health intends to update this site on a regular basis but assumes no obligation to update any of the content.

YOUR USE

You understand, acknowledge, and agree to the following:

  1. You are granted a limited license to access and make personal use of the Website for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms of Use including, without limitation, any prohibitions listed in these Terms of Use. The Website is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Website only with involvement of a parent or guardian.
  2. You will not disrupt or intercept our electronic information posted on this website or on any of our servers. You will not to attempt to circumvent any security features of our website, and to abide by all applicable, local, state, federal and international laws, rules and regulations.
  3. You grant to Sonex Health the right to use all content you upload or otherwise transmit to this website, subject to these terms and conditions and Sonex Health’s privacy policy in any manner Sonex Health chooses, including, but not limited, to copying, displaying, performing, or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
  4. Except as expressly stated and agreed upon in advance by Sonex Health, no confidential relationship shall be established in the event that any user of this website should make any oral, written or electronic communication to Sonex Health (such as feedback, questions, comments, suggestions, ideas, etc.). If we require or request any personal information in order for you any portion of this website we will obtain, use and maintain such personal information in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Sonex Health shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. You are fully responsible for any content you send us, including the truthfulness and accuracy of such content and its non-infringement of any other person’s proprietary or privacy rights.

INTELLECTUAL PROPERTY

The trademarks, service marks, trade names, trade dress, and products used or listed on this Website are owned by Sonex Health and protected in the United States and internationally. Use of these is strictly prohibited without our prior, written authorization, except to properly identify the products or services of Sonex Health.

You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in our Website, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any of our Website (i) without the prior consent of the owner or (ii) in a way that violates someone else’s (including Sonex Health’s) rights. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Website. Subject to these Terms of Use, you may e-mail, download, or print copies of materials on this website for personal, noncommercial use or for purposes of using our Website only.

Title to materials remains with us or with the authors of the materials contained on this Website. All rights not expressly granted are reserved.

Use of materials or trademarks on this Website in a manner not clearly allowed by these Terms of Use constitutes a violation of your agreement with us and may be in violation of copyright, trademark, and other laws. If this is the case, we will automatically revoke your permission to use this Website.

DISCLAIMERS/LIMITATION OF LIABILITY

Sonex Health does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this Website. Reliance on these materials, information and opinions is solely at your own risk. Sonex Health disclaims any liability for injury or damages resulting from the use of this Website, or the content contained thereon.

THIS SONEX HEALTH WEBSITE, THE WEBSITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL SONEX HEALTH, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “SONEX HEALTH PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE, THE CONTENT, ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY SONEX HEALTH AND WHETHER OR NOT SONEX HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not allow the limitation of liability, so this provision may not apply to you.

PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THIS AND OTHER WEBSITES, PRODUCTS AND SERVICES OFFERED, OWNED OR OPERATED BY SONEX HEALTH.

PRIVACY

These Terms of Use, and any personally identifiable information in electronic communications to our Website, are additionally governed by our Privacy Policy.

USER SUBMISSIONS

Anything you post, upload, share, store, or otherwise provide through our Website, including any feedback, comments, ideas, inventions, concepts, techniques or know-how disclosed therein, is your “User Submission” and will be treated as non-confidential and non-proprietary. You are solely responsible for all User Submissions you contribute to the Website. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. All such information becomes the property of Sonex Health or its affiliates and may be used, without compensation to you, for any purpose whatsoever, including disclosure to third parties and/or developing, manufacturing and/or marketing products or services.

THIRD PARTY WEBSITES

This Website may contain links to websites operated by other parties. These linked websites are not under our control, and we are not responsible for the content available on any other websites linked to this Website which are not affiliated with Sonex Health. Such links do not imply our endorsement of material on any other website and we disclaim all liability with regard to your access to such linked websites. We provide links to other websites as a convenience to users, and access to any other websites linked to this Website is at your own risk.

THIRD PARTY CONTENTS

Certain content from third parties may be made available as part of our Website. We do not endorse or guarantee the accuracy or completeness of this content.

COMPLIANCE WITH LAWS; PROHIBITIONS

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Website including without limitation any violation or attempted violation of the security of the Website. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use, we may (but are not obligated to): conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend access to our Website to any user being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms of Use could subject you to criminal or civil penalties.

VIOLATIONS

We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to our Website.

NO WARRANTIES

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. SONEX HEALTH AND ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (SONEX HEALTH AND ALL SUCH PARTIES TOGETHER, THE “SONEX HEALTH PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SONEX HEALTH PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.

THE SONEX HEALTH PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some jurisdictions do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT NEITHER ANY SONEX HEALTH PARTY NOR ANY OTHER PERSON OR COMPANY ASSOCIATED WITH SONEX HEALTH SHALL 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 INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

CHANGES TO THESE TERMS OF USE

We reserve the right to revise these Terms of Use or any portion of them at any time by updating this posting on our Website, sending you an email, and/or notifying you by some other means. If you use the Website in any way after revisions to the Terms of Use are effective, you are bound by any such revisions. You should periodically visit this page to review the current Terms of Use that apply to your use of our Website.

OTHER PROVISIONS

Provisions that, by their nature, should survive termination of these Terms of Use will survive termination of these Terms of Use. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and any terms regarding disputes between us.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

You agree to indemnify and hold the Sonex Health Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Website (including any actions taken by a third party using your account), and (b) your violation of these Terms of Use. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

GENERAL

You agree that these terms and conditions describe the entire agreement between us with respect to its subject matter. The laws of the state of Minnesota will control the terms and conditions provided in these terms and conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these terms and conditions is invalid or unenforceable, you agree that the other provisions of these terms and conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to www.sonexhealth.com or these terms and conditions more than one (1) year after such claim or cause of action arose. No waiver of by us of any term or condition set forth in these terms and conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these terms and conditions does not constitute a waiver of such right or provision.

The Terms of Use will be venued exclusively in state or federal court in [insert city or county], Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

If any provision of these terms and conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision must be eliminated or limited to the minimum extent such that the remaining provisions of the terms and conditions will continue in full force and effect. These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Sonex Health with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. This Website is operated by Sonex Health, Inc. 950 Blue Gentian Rd, Suite 200, Eagan, MN 55121.

Please direct your feedback, comments, requests for technical support and other communications relating to the website to: info@sonexhealth.com

Sonex Health, Inc.

950 Blue Gentian Road, Suite 200, Eagan, MN 55121

info@sonexhealth.com

888-518-8780