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Corporate > Sonic Legal

Welcome to Sonic Online, owned and produced by Sonic Solutions, a California corporation under U.S. law and its subsidiary and affiliate successors, and assigns (collectively referred to as "Sonic").

Sonic Online currently consists of various web pages at or linked to the URLs www.sonic.com, www.dvdit.com, fusion.sonic.com, www.mydvd.com, www.dvdcreator.com, www.scenarist.com, collectively referred to as "Sonic Online," which may expand or change from time to time).

Sonic is the world's leading developer of digital media authoring workstations, setting the standard for video and audio quality, productivity and creativity. More DVDs are created using Sonic than on all competing systems combined. For over 15 years Sonic has lead the digital media industry and won many awards in the process.

Sonic Solutions makes available a variety of products and services through the Sonic Online (collectively, the "Products and Services") subject to these General Terms and Conditions ("Terms and Conditions"). In addition, there are a variety of special products and services offered through Sonic Online that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product on the Sonic Online that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. Sonic Solutions also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of Sonic Online. In addition, Sonic Online also may offer other services from time to time that are governed by the terms of service of the respective service partners.

Because the Terms and Conditions contain legal obligations, please read them carefully.

Please direct any legal questions to:

General Counsel
Sonic Solutions
101 Rowland Way
Novato, CA 94945-5008

The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. The following is a list of links to the various provisions in the Terms and Conditions. The headings contained in these provisions, and reflected in these links, however, are solely for your convenience and have no legal import. While this list of links may help you locate particular provisions, you should understand that you will be bound by the entire Terms and Conditions.

1.

Acceptance

2.

Conditions and Restrictions on Use

3.

Registration and Privacy

4.

Responsibility for Minors

5.

Parental Controls and Child Safety

6.

Member Conduct

7.

License to Member Web Pages and Other User Content

8.

Disclaimer of Warranties

9.

Limitation of Liability

10.

Removal of Links

11.

Disclaimer Regarding Third Party Content

12.

Storage

13.

Sonic Solutions Communities Guidelines - Chat, Clubs and Message Boards

14.

Disclaimer Regarding Pictures, Movies, Streams and Sounds Located Through Sonic Online Search Services

15.

Professional Information Disclaimer

16.

Advertisers and Content Linked to Sonic Online

17.

The Sonic Online Logos and Search Boxes

18.

No License; Intellectual Property Rights of Sonic Solutions and Others

19.

Indemnity and Release

20.

Limitation of Action

21.

Copyright, Trademark, and Patent Notices

22.

Intellectual Property Infringement Claims

23.

Arbitration, Governing Law, and Forum for Disputes

24.

Changes in Terms and Conditions and Changes in Products and Services

25.

Merger

26.

Non-Waiver and Separability

27.

Relationship of Parties

28.

No Resale, Assignment, or Sublicensing

29.

Successors and Assigns

30.

Termination; Survival

31.

Communication with Users

32.

Submissions of Ideas

33.

Export Controls

34.

Violation of Terms and Conditions

1. ACCEPTANCE
By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Sonic Online web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that Sonic Solutions may terminate your access to Sonic Online or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Sonic Solutions. Any such termination shall be in Sonic Solutions' sole discretion and may occur without prior notice, or any notice. Sonic Solutions further reserves the right to terminate any user's access to Sonic Online or to any of the Products and Services for any conduct that Sonic Solutions, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Sonic Solutions or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Sonic Solutions further reserves the right to terminate any user's access to Sonic Online or to any of the Products and Services for any reason or for no reason at all, in Sonic Solutions' sole discretion, without prior notice, or any notice.

In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.sonic.com/ or another of the URLs associated with Sonic Online. Be aware that the entirety of Sonic Online is for general audiences and no areas contain adult content.

Where content may be restricted under the laws of any applicable jurisdiction, individuals are not permitted to access such content. There is no content and no services offered by Sonic Solutions which require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA").

Sonic Solutions does not discriminate on the basis of age, gender, gender identity, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Sonic Online registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sonic Solutions has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sonic Solutions has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

All Sonic Online registrations become the exclusive property of Sonic Solutions, its affiliates and subsidiaries. Sonic Solutions reserves the right to use and reuse all registration and other personally identifiable user information subject to Sonic Online Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in Sonic Online Privacy Policy and at individual Sonic Online sites, if applicable.

Click here to review the complete Sonic Online Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on Sonic Online.

4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF Sonic Online MAY CONTAIN MATERIAL THAT YOU MAY CONSIDER TO BE INAPPROPRIATE FOR MINORS.

5. PARENTAL CONTROLS AND CHILD SAFETY
Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections ( such as computer hardware, software, or filtering services) are commercially available. For more information on such parental control protections, click here. For more information about protecting children on the Internet, click here. To review our Notice Regarding the Privacy of Children Under 13 While on Sonic Online, click here.

6. MEMBER CONDUCT
In certain areas of Sonic Online, upon registering, you will receive a password and Sonic Online ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify Sonic Solutions of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sonic Online cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement, or otherwise.

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Sonic Online, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Sonic Online does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Sonic Online be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, Sonic Solutions does not pre-screen user or third party Content posted on Sonic Online, except for certain areas where Sonic Solutions employs certain automated screening software or a manual review process, although Sonic Solutions reserves the right to do so. Sonic Solutions does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Sonic Solutions reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by Sonic Solutions.

Prohibited Conduct

You agree that you will not use Sonic Online Products and Services to:

  1. Upload, post, email, otherwise transmit or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  2. Upload, post, email, otherwise transmit or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  3. Upload, post, email, otherwise transmit or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
  4. Harm minors in any other way.
  5. Make any sexual request on behalf of a minor or make any sexual request of a minor.
  6. "Stalk" or otherwise harass another.
  7. Collect or store personally identifying information about other users for commercial or unlawful purposes.
  8. Impersonate any person or entity, including, but not limited to, a Sonic Online official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  9. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
  10. Upload, post, email, otherwise transmit or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  11. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
  12. Upload, post, email, otherwise transmit or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
    1. Making available copyrighted software or other Content that has had the copyright protection removed.
    2. Making available serial numbers for software that can be used to illegally validate or register software.
    3. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
    4. Making available any software files for which the user does not own the copyright or have the legal right to make available.
  13. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
  14. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or Sonic Online.
  15. Use automated means, including spiders, robots, crawlers, or the like to download data from any Sonic Online database.
  16. Conduct your own contests and promotions.
  17. Upload, post, email, otherwise transmit or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
  18. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Sonic Solutions database, including, without limitation, by incorporating data from any Sonic Solutions database into any e-mail or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
  19. Sell, distribute, or make any commercial use of data obtained from any Sonic Solutions database or make any other use of data from any Sonic Solutions database in a manner which could be expected to offend the person for whom the data is relevant.
  20. Create and maintain a Sonic Online web page as storage for remote loading, or as a door or signpost to another homepage.
  21. Create and maintain a Sonic Online web page that contains hyperlinks to content not permitted on Sonic Online.
  22. Disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
  23. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services, including without limitation Sonic Online Chat hosts.
  24. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  25. Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
  26. Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
  27. Disobey any Sonic Solutions Chat hosts or other Sonic Solutions employee or representative or interfere with any action by any Sonic Solutions Chat host or other Sonic Solutions employee or representative to redress any violation of these Terms and Conditions.
  28. Access the Products and Services after your account or access has been terminated by Sonic Solutions.
  29. Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Sonic Solutions or the party from whom such software may be licensed.
  30. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
  31. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
  32. Upload, post, email or otherwise transmit or post links to any material, or act in any manner, that is offensive to Sonic Online community or the spirit of these Terms and Conditions.
  33. Advertise, offer for sale, or sell any of the following items:
  • Any firearms, explosives, or weapons.
  • Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
  • Any alcoholic beverages.
  • Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
  • Any items that are indecent or obscene, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
  • Any controlled substances or pharmaceuticals.
  • Any items that are counterfeit or stolen.
  • Any dangerous items.
  • Any goods or services that do not, in fact, exist.
  • Any registered or unregistered securities.
  • Any items that violate or infringe the rights of other parties.
  • Any items that you do not have the legal right to sell.
  • Any items where paying Sonic Solutions any of the required transactional or listing fees would cause Sonic Solutions to violate any law.

You acknowledge and agree that Sonic Online and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Sonic Solutions and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by Sonic Solutions, in its sole discretion. Sonic Solutions may also terminate access to, or membership in, Sonic Online, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of Sonic Online, including without limitation information in Chat, Message Boards, databases, and in all other parts of Sonic Online Products and Services.

You expressly acknowledge and agree that Sonic Online may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Sonic Solutions, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Sonic Solutions with regard to its users may be disclosed in accordance with Sonic Solutions' Privacy Policy.

Sonic Solutions also may suspend or terminate any user account for any Product or Service because of user inactivity or for any other reason whatsoever. For example, a Sonic Solutions Forum account may be terminated or suspended if a user fails to sign-in to the Sonic Solutions Forum for an extended period of time. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.

7. LICENSE TO USER CONTENT
By submitting content, of any type, to any service on Sonic Online, you grant Sonic Solutions a world-wide, royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such content, for unlimited purposes, as Sonic Solutions shall deem appropriate. Such license shall apply with respect to any form, media, or technology now known or later developed. The term of the license will extend in perpetuity, with no limitations nor restrictions.

8. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SONIC SOLUTIONS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Sonic Solutions DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. Sonic Solutions SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SONIC SOLUTIONS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. SONIC SOLUTIONS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. SONIC SOLUTIONS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. SONIC SOLUTIONS MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY STORAGE FACILITIES OFFERED BY SONIC SOLUTIONS.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.


9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL SONIC SOLUTIONS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF SONIC SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, SONIC ONLINE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT STORED THROUGH Sonic Online. UNDER NO CIRCUMSTANCES SHALL SONIC SOLUTIONS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.


10. REMOVAL OF LINKS
Sonic Online occasionally receives requests from people to remove links from Sonic Online search services. Although Sonic Online reserves the right to address such requests individually, the general approach that Sonic Online takes reflects the following principles: The catalogs and databases used in connection with Sonic Online search services consist of information that has been identified, indexed and compiled through an automated process which may or may not include advance review by human beings. Given the volume of information added, deleted, and changed on a frequent basis, Sonic Online may not screen anything made available through Sonic Online search services' catalogs and databases. In other instances, Sonic Online makes available directories, indices, and references consisting of content that has been identified, indexed, and compiled by humans. Furthermore, some of the catalogs and databases that can be searched in Sonic Online are compiled by third parties through automated processes. For each web site reflected in Sonic Online search services' catalogs and databases, the operator of the site must take steps to prevent inclusion, at their initiative and discretion.

11. DISCLAIMER REGARDING THIRD PARTY CONTENT
Sonic Online offers access to numerous third party web pages and content available over the Internet. In the overwhelming majority of instances, including, but not limited to, sites displayed as search results or contained within a directory of links, Sonic Solutions has no control whatsoever over the content of such sites. In other instances, including, but not limited to, content hosted on Sonic Online or provided to Sonic Online by third parties, Sonic Solutions may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through Sonic Online from such sources is developed by people over whom Sonic Online exercises no control. The search results that appear from the catalogs indexed by Sonic Online's spiders or web robots are automated, and Sonic Online cannot and does not screen the sites before including them in the catalogs from which such automated search results are gathered. Similarly, web pages hosted by Sonic Online are posted by third parties, and, with the exception of certain automated screening functions, Sonic Solutions may not screen such content before it is made accessible to other users of Sonic Online. Accordingly, Sonic Online assumes no responsibility for the content of any site included in any search results or otherwise linked to Sonic Online web sites or in any web page hosted for a third party within Sonic Online. In instances where Sonic Online does review the sites that are displayed in directories, indices, and/or references, or where Sonic Online makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed by third parties, and review of such sites by Sonic Solutions, if any, is narrowly limited to that which is necessary for compiling the particular set of link.

12. STORAGE
Many features of Sonic Online store information on behalf of users. Examples include, but are not limited to, email messages, chat, web pages, message boards, calendar functions, and postings. Sonic Solutions reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials without prior notification.

13. SONIC SOLUTIONS COMMUNITIES GUIDELINES - CHAT AND FORUMS
Users of Sonic Solutions Communities, which includes all Sonic Online chat rooms and forums, are expected to adhere to the guidelines below and are expected not to engage in any of the Prohibited Conduct described above. Any user failing to comply with these Terms and Conditions may be expelled from a chat room or forum by an Sonic Solutions moderator or host, and Sonic Solutions may terminate or restrict such user's Sonic Online accounts. In addition, Sonic Solutions may remove any Content that violates these Terms and Conditions or is otherwise objectionable, in Sonic Solutions' sole discretion. No child under the age of 13 may participate in Sonic Solutions Communities, including all chat rooms and forums offered throughout Sonic Online.

Please read all the Prohibited Conduct described above before using the Sonic Solutions Communities' services, and keep in mind the following when using the Sonic Solutions Communities' services:

  • All information you submit in registering must be true, accurate, current, and complete (apart from optional items).
  • Do not upload, post, email, otherwise transmit or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  • Do not stalk or otherwise harass other users.
  • Do not upload, post, email, otherwise transmit or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  • Do not upload, post, email, otherwise transmit or post links to any Content that exploits the images of youth under 18 years of age, or that discloses personally identifying information belonging to children under 13 years of age.
  • Do not impersonate any person or entity, including, but not limited to, a Sonic Online official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Do not upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • Do not disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
  • Do not disobey any Sonic Solutions Chat hosts, moderators, or other Sonic Solutions employee or representative or interfere with any action by any Sonic Solutions Chat host or other Sonic Solutions employee or representative to redress any violation of these Terms and Conditions.
  • Do not access any Sonic Solutions Communities' service after your account or access has been terminated by Sonic Solutions.
  • Do not upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
  • Do not interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services, including without limitation Sonic Online Chat hosts.

Violations of these Terms and Conditions in connection with the use of Sonic Solutions Communities should be reported to: abuse@sonic.com

Please read the entire Terms and Conditions as all Sonic Online properties, Products and Services are subject to these Terms and Conditions.

14. DISCLAIMER REGARDING PICTURES, MOVIES, STREAMS AND SOUNDS ON SONIC ONLINE
Pictures, movies, streams, and sounds (the "Media Content") located throughout Sonic Online are protected by copyright and/or other intellectual property laws. Sonic Solutions does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such Media Content. Where search results link to sites outside Sonic Online, all of the Media Content contained on such sites is owned and served by entities other than the Sonic Solutions. Sonic Online provides you with the URL or address of the Media Content; this information may be used to determine the server of the Media Content. If you intend to make use of any Media Content accessed through our site for commercial or noncommercial purposes, we strongly suggest that you contact the server of the Media Content for permission to use the Media Content, because to do otherwise is most likely a violation of intellectual property laws.

15. PROFESSIONAL INFORMATION DISCLAIMER
Sonic Online makes available certain information provided by third parties related to various professional fields such as medicine, psychology and education. Sonic Online does not give advice in any such fields and in no way endorses any of the information provided in this manner. IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. All information made available through Sonic Online is made available subject to the Sonic Online Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above.

SONIC ONLINE STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.

16. ADVERTISERS AND CONTENT LINKED TO SONIC ONLINE
Sonic Solutions may provide, or third parties may provide, links to other sites or resources located on the World Wide Web. Sonic Solutions has no control over such sites and resources. You acknowledge and agree that Sonic Solutions is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sonic Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Sonic Online Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Sonic Solutions shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

Sonic Solutions encourages you to exercise discretion while using the Products and Services to browse the Internet. Sonic Solutions may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. Sonic Solutions makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to Sonic Online web sites. Sonic Solutions shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in Sonic Online' search results or otherwise linked to Sonic Online web sites or provided to Sonic Online by third parties.

17. SONIC SOLUTIONS LOGOS AND SEARCH BOXES
Sonic Online offers a non-assignable, non-transferable, and non-exclusive license to link to Sonic Online's web sites, using Sonic Online logos and search boxes, subject to the following provisions. The Sonic Online logos and search boxes may be placed on a Web site for the sole purpose of creating a link to Sonic Online and allowing users of your site to access the Products and Services on Sonic Online. The Sonic Online logos and search boxes may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Sonic Online. The Sonic Online logos and search boxes may only be used in accordance with the instructions found at the http://www.sonic.com/pr/ link and may only be used in the exact size, shape, colors, design, and configuration as found on those web pages. The Sonic Online logos and search boxes may not be altered in any manner. The Sonic Online logos and search boxes must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. The Sonic Online logos and search boxes may not be used to disparage Sonic Online, its products or services, or in a manner which, in Sonic Solutions' reasonable judgment, may diminish or otherwise damage Sonic Solutions' good will in Sonic Online logos. By using any such Sonic Online logo or search box, you acknowledge that Sonic Online has exclusive rights to the logo or search box, and that all good will generated through your use of the logo or search box will inure to the benefit of Sonic Online. If you use Sonic Online logos or search boxes, you must include appropriate attribution, for example: "Sonic™ is a registered trademark of Sonic Solutions." Sonic Solutions may terminate this license at any time and for any reason or for no reason, without any notice. Sonic Solutions reserves the right to revoke this license or to alter its terms from time to time, without any notice. Sonic Solutions reserves the right to take action against any use that does not conform to these provisions.

18. NO LICENSE; INTELLECTUAL PROPERTY OF SONIC SOLUTIONS AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of Sonic Online's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate Sonic Online and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of Sonic Solutions and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Sonic Solutions in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Sonic Solutions, any of Sonic Solutions' affiliates, or any of Sonic Solutions' service providers. You agree not to use any of the trademarks or service marks or other Content accessible through Sonic Online of any purpose other than the purpose for which such Content is made available to users by Sonic Solutions. You agree not to defame or disparage Sonic Solutions, the trademarks or service marks of Sonic Solutions, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or Sonic Online.

19. INDEMNITY AND RELEASE
By using Sonic Online web sites you agree to indemnify Sonic Solutions, Inc. and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of Sonic Online web sites, your use of the Products and Services, or your submission of ideas and/or related materials to Sonic Solutions or from any person's use of any account or password you maintain with any portion of Sonic Online, regardless of whether such use is authorized by you. By using Sonic Online, using the Products and Services, or submitting any ideas and/or related materials to Sonic Solutions, you are hereby agreeing to release Sonic Solutions and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Sonic Solutions. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

20. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Sonic Online or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

21. COPYRIGHT, TRADEMARK, AND PATENT NOTICES
Sonic, Sonic Solutions, the Sonic logo, sonic.com, AutoCadence, AutoDVD, cDVD, ConstantQ, DVD Presenter, DVD Producer, DVD Ready, DVD Studio, Edit-on-DVD, eDVD, First in DVD, hDVD, MyDVD, OneClick DVD, OpenDVD, PrePlay, SonicCare, Sonic Cinema, The Business of DVD, The Easiest Way to Publish on DVD, The Easiest Way to Record on DVD, The Smartest Way to Publish on DVD, Where DVD Meets the Internet, AuthorScript, DVD Creator, DVDit!, ReelDVD, and Scenarist are all registered trademarks and trademarks of Sonic Solutions.

All other marks that appear throughout the Products and Services belong to Sonic Solutions, members of Sonic Online, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Sonic Solutions or the owner of the mark, as appropriate, is strictly prohibited.

22. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of Sonic Online to respond expeditiously to claims of intellectual property infringement. Sonic Solutions will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") as described below and other applicable intellectual property laws.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Sonic Solutions’ Copyright Agent (see address below) with a notice containing the following information:

  1. Your name, address, telephone number and email address.
  2. Identification of the copyrighted work or other intellectual property that you claim has been infringed;
  3. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright ;
  4. Identification of where the Content that you claim is infringing is located on the site (i.e., the complete URL of all content on Sonic Online you believe violates the copyrighted work)
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you that the above information in your notice is accurate and a statement, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
  7. Pursuant to 17 U.S.C. 512(c)(2) of the DCMA, Sonic Solutions’ designated agent to receive notifications of claimed copyright infringements is:
    [NAME]
    [ADDRESS]
    [TELEPHONE NUMBER]
    [FAX NUMBER]
    [EMAIL ADDRESS]
If Sonic Solutions has deleted or suspended access to any content you uploaded to Sonic Online because of a complaint that the posting infringed someone else’s copyrights and you disagree and want to have the Content returned to you please provide Sonic Solutions with a written response which contains the following within 10 days after receiving notification that the Content has been deleted:
  1. Your physical or electronic signature;
  2. Identification of the Content that was deleted or made inaccessible;
  3. A statement under penalty of perjury that you have a good faith belief that the Content removed or made inaccessible as a result of mistake or misidentification;
  4. Your name, address and telephone number and a statement that you consent to jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Sonic Solutions may be found, and that you will accept service of process from the person who complained that posting the Content constituted an intellectual property right infringement or from an agent of that person.

A copy of your response, including your name and address, will be sent to the person who complained about your posting, and unless this person files a lawsuit concerning the posting within 14 days of receiving a copy of your response, the deleted Content will be returned to you.

Please note that all other Content that Sonic Solutions has deleted or suspended access to will not be returned to user.

23. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of California, County of San Francisco, applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in

San Francisco, California and judgment on the arbitration award may be entered into in any state or federal court in California having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in California having jurisdiction thereof. Except as set forth above, the state and federal courts of California shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes.

24. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
Sonic Online reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The Sonic Online reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

25. MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Sonic Solutions' representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual Sonic Online web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.

26. NON-WAIVER AND SEPARABILITY
Sonic Solutions' failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.

27. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and Sonic Solutions are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

28. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Sonic Solutions.

29. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

30. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by Sonic Solutions. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.

31. COMMUNICATIONS WITH USERS
Sonic Solutions reserves the right to communicate with you regarding your use of the Products and Services.

32. SUBMISSIONS OF IDEAS
The Sonic Online is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to Sonic Online, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO SONIC SOLUTIONS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO SONIC SOLUTIONS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO SONIC SOLUTIONS THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT SONIC SOLUTIONS IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY SONIC SOLUTIONS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

33. EXPORT CONTROLS
Certain software, and related documentation or technical information, available through Sonic Online is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department o f Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.

34. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of Sonic Solutions and Sonic Online, Sonic Solutions reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of Sonic Online web sites.

If you are aware of any violations of these Terms and Conditions, please report them to: abuse@sonic.com

We hope your enjoyment of Sonic Solutions' Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the Sonic Solutions community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.

Last updated: April 10, 2002