Terms and Conditions

Binding Agreement

These Terms and Conditions constitute a legally binding agreement between you and Sound Wave. By accessing our website, using our services, or engaging with our content, you acknowledge that you have read, understood, and agree to be bound by these terms in their entirety.

If you do not agree with any part of these Terms and Conditions, you must discontinue use of our website and services immediately. Continued use after changes to these terms constitutes acceptance of the modified terms.

Important: These terms contain provisions that limit our liability and require individual arbitration of disputes. Please review carefully before proceeding.

User Eligibility and Requirements

Age Requirements

You must be at least 18 years old to use our services or enter into agreements with Sound Wave. If you are under 18, you may only use our website under the supervision of a parent or legal guardian who agrees to be bound by these terms. By using our services, you represent that you meet these age requirements.

Legal Capacity

You represent that you have the legal authority to enter into these terms on behalf of yourself or the entity you represent. If entering into these terms on behalf of a company or organization, you warrant that you have the authority to bind that entity to these terms.

Geographic Restrictions

Our services are primarily offered to users in jurisdictions where such services are legally permissible. You are responsible for ensuring that your use of our services complies with all applicable local, state, national, and international laws and regulations.

User Obligations and Responsibilities

Information Accuracy

You agree to provide accurate, current, and complete information when communicating with us or requesting services. This includes:

• Contact information that allows us to reach you
• Project specifications that accurately reflect your needs
• Business information relevant to service delivery
• Timely updates if your contact information or project requirements change

Providing false or misleading information may result in service termination and legal consequences.

Compliance with Laws

You agree to comply with all applicable laws, regulations, and third-party agreements when using our services. This includes copyright laws, intellectual property rights, export regulations, privacy laws, and any industry-specific regulations applicable to your use of our audio productions.

Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Attempting to gain unauthorized access to our systems or networks
• Interfering with or disrupting our services or servers
• Using our services for any illegal or unauthorized purpose
• Transmitting viruses, malware, or other malicious code
• Harvesting or collecting information about other users
• Impersonating any person or entity
• Engaging in any form of harassment or abusive behavior
• Violating the intellectual property rights of others

Project Cooperation

When engaged in a service project, you agree to provide timely feedback, necessary approvals, and project materials as outlined in the project agreement. Delays in providing required information or approvals may extend project timelines and affect deliverables.

Liability Limitations and Warranties

Disclaimer of Warranties

EXPRESS DISCLAIMER: Our services and website are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Course of performance or dealing
• Uninterrupted or error-free service

We do not warrant that our services will meet your specific requirements or expectations, or that any errors will be corrected.

Limitation of Liability

MAXIMUM LIABILITY CAP: To the fullest extent permitted by applicable law, Sound Wave, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Loss of goodwill or reputation
• Cost of substitute services
• Personal injury or property damage
• Any other intangible losses

Our total aggregate liability for all claims arising from or relating to these terms or our services shall not exceed the total amount paid by you to Sound Wave during the twelve months immediately preceding the event giving rise to liability, or one hundred dollars ($100 USD), whichever is greater.

Force Majeure

Sound Wave shall not be liable for any failure or delay in performing obligations under these terms when such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, internet or telecommunications failures, or other force majeure events.

Third-Party Services

We may use third-party service providers to facilitate our services. We are not responsible for the actions, omissions, or policies of any third-party service providers. Your interactions with third parties are governed by their respective terms and conditions.

Indemnification

You agree to indemnify, defend, and hold harmless Sound Wave, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:

• Your violation of these Terms and Conditions
• Your use or misuse of our services
• Your violation of any laws, regulations, or third-party rights
• Any content you submit or provide to us
• Your negligence or willful misconduct
• Any disputes between you and third parties

This indemnification obligation will survive the termination of these terms and your use of our services. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense.

Dispute Resolution and Arbitration

Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us to attempt to resolve the dispute informally. Most disputes can be resolved through good-faith negotiation. We commit to working with you to reach a fair resolution.

Binding Arbitration

If informal resolution is unsuccessful, you agree that any dispute, controversy, or claim arising out of or relating to these terms or our services shall be resolved through binding arbitration rather than in court, except where prohibited by law. Arbitration proceedings shall be conducted in Nashville, Tennessee, under the rules of a recognized arbitration organization.

The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees unless the arbitrator determines otherwise.

Class Action Waiver

IMPORTANT: You agree that any arbitration or legal proceedings shall be conducted only on an individual basis and not as a class action, collective action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration. This waiver applies unless prohibited by applicable law.

Exceptions to Arbitration

Either party may seek equitable relief in court for intellectual property infringement or unauthorized access to services. Additionally, disputes that cannot legally be arbitrated in your jurisdiction may be brought in competent courts.

Governing Law and Jurisdiction

Choice of Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Tennessee, United States, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Venue

To the extent that arbitration does not apply, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Nashville, Tennessee, and you consent to the personal jurisdiction of such courts.

International Users

If you are accessing our services from outside the United States, you acknowledge that your information will be transferred to and processed in the United States, and you consent to such transfer and processing in accordance with applicable law.

Modifications to Terms

We reserve the right to modify, amend, or update these Terms and Conditions at any time at our sole discretion. Changes will be effective immediately upon posting to this page, with the updated date clearly indicated at the top of the document.

Your continued use of our services after changes have been posted constitutes your acceptance of the modified terms. We encourage you to review these terms periodically. For significant changes that materially affect your rights, we will make reasonable efforts to provide notice through our website or via email if you have provided your email address.

Severability and Waiver

Severability

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.

No Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision. Any waiver of any provision shall be effective only if in writing and signed by an authorized representative of Sound Wave.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Sound Wave regarding your use of our services and supersede all prior agreements, understandings, and communications, whether written or oral. In the event of a conflict between these terms and a separate written agreement for specific services, the separate written agreement shall prevail.

Questions About These Terms

If you have questions or concerns about these Terms and Conditions, please contact us:

Sound Wave
8934 Audio Avenue
Music Quarter
Nashville, TN 37201
United States

Email: info@sou-nd-wave.com
Phone: +1 (615) 492-7863