Sonic Boom Wellness Terms of Use (the “Participation Agreement”)

Effective Date: March 27, 2025 

1. These Website Terms of Use (“Terms of Use”) apply to www.sonicboomwellness.com and any other websites owned and operated by Sonic Boom Wellness, LLC (“Sonic Boom” or “we” or “our”) (collectively, “Website”).  Sonic Boom is a Premise Health company.

   Acceptance of the Terms of Use.  These Terms of Use are entered into by and between You and Sonic Boom and govern your access to and use of the Website, including any content, functionality and services offered through the Website. Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Website Privacy Policy , which is incorporated herein by reference. If you do not agree to these Terms of Use or the Website Privacy Policy, you must not access or use this Website.

   These Terms of Use do not apply to use of the Sonic Boom Member Portal (“Member Portal”).  Use of the Member Portal is governed by the Sonic Boom Wellness Participation Agreement.

   Medical and Mental Health Emergencies. The Website is not for use in a medical or mental health emergency. If you are experiencing a medical or mental health emergency, you should call 911 immediately.

    

   Changes to the Terms of Use.  We may revise and update these Terms of Use from time to time in our sole discretion. The current version of these Terms of Use can be accessed from the link on the bottom of the homepage of our Website.  All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.  Your continued use of the Website following the posting of any revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so that you are aware of any changes, as they are binding on you.

   Accessing the Website and Account Security.  We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

   Intellectual Property Rights.  The Website and its entire content, features and functionality (including, but not limited to, all trademarks, the “look and feel” of the Website, the color combinations, layout, and all other graphical elements, information, articles, software, scripts, code, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Sonic Boom, Premise Health Holding Corp, or one of its subsidiaries, licensors or other providers of such material and are protected by United States and international copyright, trademark, trade dress, patent, trade secret and other intellectual property or proprietary rights laws.  These Terms of Use permit you to use the Website for personal, non-commercial purposes only.

   You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

   • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
   • You may store files that are automatically cached by your Web browser for display enhancement purposes.
   • You may print, or download, a copy of the Website pages for your own personal, non-commercial use but not for further reproduction, publication or distribution.
   • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by applicable Terms of Use and policies for such applications.
   • If we provide social media features with certain content, you may take such actions as are enabled by such features.

   You must not:

   • Modify copies of any materials from this Website.
   • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
   • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.

   Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Website) are strictly prohibited, unless you have received express written permission from Sonic Boom. You must not access or use any part of the Website or any services or materials available through the Website for any commercial purpose.

   If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you except those rights expressly described in these Terms of Use, and all rights not expressly granted are reserved by Sonic Boom. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

   Prohibited Uses.  You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

   • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
   • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way, e.g., by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
   • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
   • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
   • To impersonate or attempt to impersonate Sonic Boom, a Sonic Boom employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
   • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Sonic Boom or users of the Website or expose them to liability.

   Additionally, you agree not to:

   • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
   • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
   • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
   • Use any device, software or routine that interferes with the proper working of the Website.
   • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
   • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
   • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
   • Otherwise attempt to interfere with the proper working of the Website.

    

   Changes to the Website.  We may update the content on this Website from time to time.  We make no representation that the content on this Website is complete or current.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

    

   Information About You and Your Visits to the Website.  All information we collect on this Website is subject to our Website Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Website Privacy Policy.

   Social Media Features.  This Website may provide certain social media features that enable you to:

   • Link from your own or certain third-party websites to certain content on this Website.
   • Send e-mails or other communications with certain content, or links to certain content, on this Website.
   • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

   You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional Terms of Use and conditions we provide with respect to such features.

   Subject to the foregoing, you must not:

   • Establish a link from any website that is not owned by you.
   • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
   • Link to any part of the Website other than the homepage.
   • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

   You agree to cooperate with us in efforts to terminate any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

   Links to Third-Party Websites.  The Website contains links to other websites owned and operated by third parties.  We accept no responsibility for any site owned and operated by any third party or for any loss or damage that may arise from your use of such sites. If you decide to access any of these sites, you do so entirely at your own risk and subject to the Terms of Use and conditions of use for such sites.

    

   Geographic Restrictions.  Sonic Boom is located in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws.

    

   Disclaimer of Warranties.  You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website (or the internet generally) will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

   YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SONIC BOOM NOR ANY ENTITY OR PERSON ASSOCIATED WITH SONIC BOOM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

   WITHOUT LIMITING THE FOREGOING, NEITHER SONIC BOOM NOR ANY ENTITY OR PERSON ASSOCIATED WITH SONIC BOOM REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

   SONIC BOOM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    

   Limitation on Liability.  IN NO EVENT WILL SONIC BOOM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    

   Indemnification.  You agree to defend, indemnify and hold harmless Sonic Boom, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

    

   Governing Law and Jurisdiction.  All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).

   Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state of residence or any other relevant state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

    

   Arbitration.  At Sonic Boom’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the law of the State of Tennessee.

    

   Waiver and Severability.  No waiver by Sonic Boom of any term or condition set forth in these Terms of Use 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 of Sonic Boom to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

   If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

   Website Not for Children. The Website is not intended for use by children under the age of 18. If you are under 18, do not use or provide any information on this Website. See our Website Privacy Policy for more information.

    

   Entire Agreement.  The Terms of Use and our Website Privacy Policy constitute the sole and entire agreement between you and Sonic Boom 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.

    

   Your Comments, Questions and Concerns.   If you have any comments, questions or concerns regarding these Terms of Use or the Website, we can be reached at the following email address and phone number:
   Email: [email protected]
   Phone: 1.877.SONIC.08 (1.877.766.4208)