Terms of Service

Effective Date: April 14, 2026

Welcome to SO UNFAIR (“we,” “our,” “us” “SO UNFAIR”). These Terms of Service (“Terms”) govern your access to and use of our website, www.SoUnfair.com, and any links or sub domains contained therein (collectively the “Site”), and any products, services, or content offered through the Site or as we may otherwise provide or deliver from time to time (collectively, the “Services”). By visiting the Site, making a purchase, or otherwise engaging with our Services, you agree to be bound by these Terms, our Privacy Policy which is available at sounfair.com/pages/privacy-policy and any additional policies referenced herein.

If you do not agree to these Terms, you may not use the Site or Services. These Terms govern how disputes between us are resolved, including that we must arbitrate certain claims through binding and final arbitration. By using the Site or Services, you will only be permitted to bring claims against us and seek relief on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

We reserve the right to update, change, or replace any part of these Terms at any time by posting updates on the Site. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.

Section 1. Use of the Service

1.1 Governing Agreement

These Terms govern your access to and use of the Site.

1.2 Privacy Policy

Use of the Services are also governed by our Privacy Policy which is available at sounfair.com/pages/privacy-policy. Your privacy is important to us. We designed our Privacy Policy to make important disclosures about how we collect and use your content and information. We encourage you to read our Privacy Policy carefully and use it to make informed decisions. By using the Site or Services, you acknowledge and agree to be bound by these Terms and consent to the collection, use and storage of your information as outlined in our Privacy Policy.

1.3 Updates to the Terms of Service and Privacy Policy

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms and our Privacy Policy at any time by posting the amended Terms on the Site. You may also be given additional notice, such as an e-mail message, of any changes. You agree to review these Terms periodically to be aware of any such modifications. You will be deemed to have accepted such changes by continuing to use the Services. Except as otherwise stated, all amended terms shall automatically be effective as of the earlier of (1) the date they are posted on the Site, (2) the user, monitor, or subscriber is made aware of the updated Terms by email other means, or (3) the user, monitor or subscriber begins or continues using the Services.

If at any point you do not agree to any portion of the then-current version of these Terms, the Privacy Policy, or any other policy, rules or codes of conduct relating to your use of the Services, your license to use the Services shall immediately terminate and you must immediately stop using the Services.

To the extent these Terms conflict with any of our other terms, policy, rules or codes of conduct, the terms contained in these Terms and in the Privacy Policy shall govern.

1.4 Grant of a Limited License to Use the Services

Subject to your agreement and continuing compliance with these Terms, the Privacy Policy and any other relevant policies, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations in these Terms to access and use the Services using a supported web browser or mobile device solely for your own non-commercial, and internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Services. All rights not expressly granted to you in these Terms are reserved and retained by us.

1.5 License Limitations

Any use of the Services in violation of the following license limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH ANY PART OF THE SERVICES, INCLUDING ANY DEVICE, IS A VIOLATION OF OUR POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

You agree that you will not, under any circumstances:

Engage in any act that we deem to be in conflict with the spirit or intent of the Services, including but not limited to circumventing or manipulating these Terms or other policies;
Make improper use of our support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel;
Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Services;
Use the Services in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Services;
Without our express written consent, modify or cause to be modified any files that are a part of the Services;
Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Services (each a “Server”); or (2) the enjoyment of the Services by any other person;
Institute, assist or become involved in any type of attack, including distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
Attempt to gain unauthorized access to the Services, accounts registered to others or to the computers, Servers, or networks connected to the Services by any means other than the user interface provided by us, including by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Services;
Post any information that is false or misleading, or that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person or group, including our employees or customer service representatives;
Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation an employee;
Without our express written consent, use the Services or any part thereof for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation;
Transmit unauthorized communications through the Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Services in any way not expressly permitted by these Terms;
Use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Services or that is in transit from or to the Services, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Services to store information about users or content. We may, at our sole and absolute discretion, allow the use of certain third party user interfaces;
Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Services, whether through the use of a network analyzer, packet sniffer or other device;
Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
Bypass any robot exclusion headers or other measures we employ to restrict access to the Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Services, or harvest or manipulate data;
Use, facilitate, create, or maintain any unauthorized connection to the Services, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Services; or (2) any connection using programs, tools, or software not expressly approved by us;
Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by us (including artificial intelligence);
Copy, modify or distribute rights or content from the Site, or our copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms;
Solicit or attempt to solicit personal information from other users of the Services;
Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Services; or
Upload or transmit or attempt to upload or transmit, without our express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

1.6 Termination of Services

WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND, OR TERMINATE ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR WE SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES OR PORTIONS THEREOF, PROHIBIT ACCESS TO THE SERVICES AND THE SITE, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS (IF APPLICABLE) WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

1.7 Eligibility & Acceptable Use

You must be at least 18 years old to use the Site or purchase products. By using the Site, you confirm you meet the foregoing age requirement.

Any breach of these Terms may result in immediate termination of your access to the Services.

1.8 User Content & Submissions

If you send us suggestions, creative ideas, reviews, proposals, or other materials directly to us (“Submissions”), whether solicited or unsolicited, you assign to us all proprietary rights, titles, and interests in and to such Submissions, such that as between the parties, we are the sole and exclusive owner thereof. The foregoing assignment includes all rights of paternity, integrity, attribution, withdrawal, and any other so-called “moral rights” in any jurisdiction, and to the extent such rights cannot be assigned under applicable law, (a) you expressly waive such rights, and (b) you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, publish, distribute, and display such content in any media, without compensation.

We may, but have no obligation to, monitor, edit, or remove Submissions at our sole discretion. You represent that your Submissions will not violate any third party rights, including copyright, trademark, privacy, or publicity rights. You are solely responsible for any Submissions you make.

For clarity, content that you create and post on third-party platforms (such as Instagram, TikTok, YouTube, or other social media) about our products or brand, including affiliate or influencer content (“User-Generated Content”), is not considered a “Submission” solely because it references or features our products. Such User-Generated Content remains owned by the original creator, and nothing in these Terms is intended to transfer ownership of that content to SO UNFAIR.

The Site may display or incorporate User-Generated Content from third party platforms through embedded tools or third-party service providers. SO UNFAIR does not claim ownership of any such User-Generated Content. Our display or reposting of User-Generated Content is for promotional or informational purposes and is based on rights granted through the applicable platform, third party provider, or the content creator’s permission. We may also request permission to use User-Generated Content in marketing or advertising and will do so only with the creator’s explicit consent.

If you are the owner of User-Generated Content displayed on the Site and would like it removed, please contact us at support@sounfair.com.

1.9 Site Users

For purposes hereof, a “User” is any individual who you authorize to use the Site or receive our Services on your behalf. Users may include, to the extent applicable, your employees, consultants, contractors and agents, and/or third parties who manage your content. Users must be individual human beings, and shall not be, without limit, any form of bot, computer, AI or machine learning.

You shall: (a) be solely responsible and liable for all Users’ compliance with these Terms; (b) be solely responsible and liable for the accuracy, use, integrity, and legality of any information provided to us by such Users; (c) use commercially reasonable methods to prevent unauthorized access to or use of the Site or our Services (or any part thereof), including with respect to any of your Users; and (d) notify us as soon as practicable of (i) any unauthorized use of, or access to, the Site or our Services (or any parts thereof) of which you become aware, and (ii) any notice or charge of noncompliance with any applicable law, rule or regulation asserted or filed against you or your Users in connection with information provided in connection with the Site or our Services (or any part thereof).

1.10 Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor or released party.”

1.11 General Conditions

You understand that certain content you submit to us (excluding credit card data) may be transferred unencrypted over various networks and adapted to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

1.12 Artificial Intelligence

SO UNFAIR does not use User-Generated Content to train artificial intelligence or machine learning models.

Section 2. Third Party Materials

2.1 Third Party Advertisements

You understand that the Services may feature advertisements from us or third parties. Our disclosure of information for third party advertising is addressed in our Privacy Policy.

2.2 Links to Third Party Sites and Dealings With Advertisers

We may provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Services and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Services and will not be liable for any claim relating to any third-party content, goods and/or services. The linked sites are not under our control and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by us of these linked sites.

2.3 Third Party 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 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).

2.4 Disputes

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. 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.

Section 3. Intellectual Property

3.1 Intellectual Property

All content, materials, and intellectual property on the Site, including product designs, packaging, formulas, text, graphics, images, videos, logos, trademarks, service marks, trade names, website design, source code, and the overall look and feel, are the exclusive property of SO UNFAIR or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may not:

Copy, reproduce, republish, upload, post, transmit, or distribute any content for commercial purposes without our written consent.
Modify, reverse engineer, create derivative works from, or attempt to derive source code from any products or content.
Use our marks or brand identifiers in connection with any product or service that is not ours, or in any way that may cause confusion.
Unauthorized use may result in civil or criminal penalties.

3.2 Copyright Notices/Complaints

It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). We reserve the right to terminate without notice any user’s access to the Services if that user is determined by us, in our sole discretion, to be a “repeat infringer.” In addition, we accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.

3.3 Copyright & Use Restrictions

The contents of these Terms, including its structure, wording, and formatting, are the intellectual property of SO UNFAIR and are protected under U.S. and international copyright laws. While similar legal concepts may appear in other policies, the specific selection, arrangement, and wording of these Terms are proprietary to SO UNFAIR. No part of these Terms may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods without the prior written permission of SO UNFAIR, except as permitted by applicable law. Requests for permission should be submitted to legal@sounfair.com.

Section 4. Online Store Terms & Product Information

4.1 Shopify

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you. Shopify or other third party service providers, may ask or require that you create an account to utilize their own services or the Services (including promotions). When creating or updating an account on the Service, you may be required to provide us with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with the Privacy Policy and relevant “just-in-time” notices, if any, provided at the point of information collection or use. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.

During the account creation process, you may be required to select a password. The following rules govern the security of your password:

You shall not share the account or the password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
If you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure of the password or unauthorized access, you must immediately notify us and modify your password;
You are solely responsible for maintaining the confidentiality of the password, and you will be responsible for all uses of the password, including purchases, whether or not authorized by you; and
You are solely responsible for anything that happens through the use of your account.

4.2 Products and Services

We make every effort to ensure that product descriptions, photographs, videos, prices, and availability information are accurate. However, we do not guarantee that all information is complete, current, or error-free.

The Site may contain historical information, which is provided for reference only and may not be current. We have no obligation to update such information.

We have made every effort to display as accurately as possible the colors and images of our products. 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 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 any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on the Site is void where prohibited.

We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

Products available through the Site are not intended for purchase by anyone under the age of 16. If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to these Terms.

4.3 No Refunds Policy

Because our products are consumable nutritional beverages, we cannot accept returns for safety reasons. All purchases are final.

If your order arrives damaged or incorrect, please contact us within 5 days of delivery at support@sounfair.com with your order number and photos. We will review and resolve the issue at our sole discretion.

We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

4.4 Errors, Inaccuracies and Omissions

Occasionally there may be information on the Site or in the Services 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 Services or the Site 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 Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or the Site should be taken to indicate that all information in the Services or the Site has been modified or updated.

4.5 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. If 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.

Section 5. Disclaimers / Limitations / Waivers / Indemnification

5.1 Disclaimer of Warranties

We do not guarantee that our Services will be uninterrupted, secure, or error-free. You agree that your use of the Services is at your own risk.

THE INFORMATION, SOFTWARE, CONTENT, SERVICES, OR MATERIALS AVAILABLE FROM OR PROVIDED VIA THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SERVICES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE IDENTIFIED OR CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.

WE PERIODICALLY AMEND, CHANGE, ADD, DELETE, UPDATES, OR ALTER THE SERVICES WITHOUT NOTICE. FURTHER, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SERVICES. WE SPECIFICALLY DISCLAIM ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SERVICES.

5.2 Limitations; Waivers of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT SO UNFAIR AND ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (“SO UNFAIR PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE SO UNFAIR PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE SO UNFAIR PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL WEBSITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE SO UNFAIR PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID SO UNFAIR IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID SO UNFAIR ANY AMOUNTS IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SO UNFAIR IS TO STOP USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.

YOU EXPRESSLY AGREE THAT SO UNFAIR IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND OTHER MATERIALS, WHETHER PROVIDED BY US, OTHER USERS OF THE SERVICES, OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. INFORMATION PROVIDED THROUGH THE SERVICES MAY NOT APPLY TO YOUR UNIQUE MEDICAL CONDITION. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH THE SERVICES. IF YOU RELY ON ANY SUCH INFORMATION YOU DO SO AT YOUR OWN RISK. IF YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. IF YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT ASSOCIATED WITH THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ASSOCIATED WITH THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF CONTENT ASSOCIATED WITH THE SERVICES, IN WHOLE OR IN PART, OR COMMUNICATION WITH US VIA THE INTERNET, EMAIL OR BY OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND SO UNFAIR.

5.3 Indemnification

You agree to indemnify and hold harmless, including legal fees and expenses SO UNFAIR and its officers, employees, agents, contractors, and licensors from any claims or demands arising from your Submissions, breach of these Terms or violation of any law or third party rights.

Section 6. Agreement to Binding Arbitration

6.1 Binding Arbitration

Under these Terms, and to the extent permitted by applicable law, you and SO UNFAIR agree that all disputes arising out of or in relation to the Service, these Terms of Service, or the interpretation, breach, termination, or validity thereof (each, a “Dispute”) will be governed by the procedure outlined below. YOU AND SO UNFAIR ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

Before you or SO UNFAIR may file a claim against the other party, both you and SO UNFAIR agree to participate in good faith informal efforts to resolve any Disputes before commencing arbitration (“Informal Dispute Resolution”). You and SO UNFAIR agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (an “Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the Informal Dispute Resolution Conference, but you must also personally participate. To initiate the Informal Dispute Resolution process, a party must give notice in writing to the other party (“Notice”). The Notice must include: 1) your name, telephone number, mailing address, and email address associated with your account (if you have one); (2) the name, telephone number, mailing address and email address of your counsel, if any; and (3) a description of your Dispute. We will send Notice and a description of the Dispute to your mailing address or email address on file.

The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. The statute of limitations shall be tolled while the parties engage in Informal Dispute Resolution.

If the Dispute is not resolved after the 45-day Informal Dispute Resolution process, the Dispute (including any claim or controversy arising out of or relating to these Terms, your access to or use of the Site, any product purchased from us, any transaction conducted through the Site, or any advertising, marketing, or communications from us shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association in Tarrant County, Texas, in accordance with its applicable consumer arbitration rules. Arbitration shall be conducted before a panel of three arbitrators, and the decision of the arbitration panel shall be final and binding. The panel of three arbitrators will have no authority to award punitive damages, exemplary damages or consequential damages. If a Dispute must be arbitrated, you or SO UNFAIR must start arbitration of the Dispute within one (1) year from when the Dispute first arose. If applicable law requires you to bring a claim for a Dispute sooner than one year after the Dispute first arose, you must start arbitration in that earlier time period.

You agree that arbitration shall be conducted on an individual basis only and not as a class, consolidated, or representative action, and you expressly waive any right to participate in a class action lawsuit or class-wide arbitration. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

6.2 Fees

SO UNFAIR will pay any AAA filing, administrative and arbitrator(s) fees solely as set forth in the AAA Rules. Arbitration will be held in Tarrant County, Texas or another location as mutually agreed by the parties. A party who wishes to initiate arbitration must provide the other party with a request for arbitration. To learn more about the rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.

6.3 Confidentiality

You and So Unfair agree that any arbitration proceedings initiated hereunder shall be kept in strict confidence, meaning that you and SO UNFAIR agree not to disclose or cause to be disclosed to any third party the Dispute(s) to be arbitrated hereunder, or any of the underlying facts, circumstances, documents, and other materials relating to such dispute(s), except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.

6.4 Enforceability

If the above arbitration provisions are found unenforceable, or inapplicable to a given Dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Tarrant County, Texas.

6.5 Class Action Waiver

YOU AND SO UNFAIR AGREE THAT ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT ANY CLAIMS BROUGHT UNDER THESE TERMS OR IN CONNECTION WITH THE SERVICES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. You further agree that you will not participate in any class action (existing or future) brought by any third party arising under these Terms or in any way in connection with the Services. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration hereunder can proceed on a class-wide basis, then such class action is not subject to arbitration and must be litigated in a court of competent jurisdiction in Tarrant County, Texas.

Section 7. Severability

You and SO UNFAIR agree that if any portion of these Terms or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which shall continue to be in full force and effect.

Section 8. General Provisions

8.1 Assignment

We may assign or delegate these Terms and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

8.2 Supplemental Policies

We may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.

8.3 Entire Agreement

These Terms, any supplemental policies and any documents expressly incorporated by reference herein (including our Privacy Policy), contain the entire understanding of you and us, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.

8.4 Language of the Terms of Service

If we provide you with a translation of the English language version of these Terms, our Privacy Policy or any other policy (collectively “our Policies”), then you agree that the translation is provided for informational purposes only and does not modify the English language version of our policies.

In the event of a conflict between a translation of our Policies and the English version, the English version of our policies will control.

8.5 No Waiver

The failure of us to require or enforce strict performance by you of any provision of these Terms or our Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by us of any provision, condition, or requirement of these Terms or our Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by us shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of ours.

8.6 Notices

We may notify you via postings on the Site, and via e-mail or any other means to contact information you provide to us. All notices given by you or required from you under these Terms or our Privacy Policy shall be in writing and addressed to: SO UNFAIR, LLC 2300 W. 7th St. Suite 108, Box 211 Fort Worth, TX 76107.

Any notices that you provide without compliance with this Section on notices shall have no legal effect.

8.7 Accessibility

We want the Site to be accessible to the widest possible audience, if you have any accessibility concerns or questions, you may contact us at the following locations to assist you:

Telephone: (844) 976-8632 or (844) 9-SOUNFAIR
E-mail: support@sounfair.com
Postal Address: SO UNFAIR, LLC 2300 W. 7th St Suite 108, Box 211 Fort Worth, TX 76107

8.8 Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm us, and which cannot be replaced by monetary damages alone. Accordingly, we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. You agree to limit the relief sought in connection with any of your claims to monetary damages only, as limited by these Terms.

8.9 Force Majeure

We shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside the reasonable control of us, including without limitation any failure to perform hereunder due to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, pandemics, or shortages of transportation facilities, fuel, energy, labor or materials.

8.10 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Contact Us

For questions regarding these Terms, please contact us at:

Postal Address:
SO UNFAIR, LLC
2300 W. 7th St
Suite 108, Box 211
Fort Worth, TX 76107, USA

Telephone: (844) 976-8632 or (844) 9-SOUNFAIR

E-mail: support@sounfair.com