PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU.
AGREEMENT ON USE
By using the SONIC Online Services, you agree to the following terms, conditions, policies and notices contained in this document limiting your use of the SONIC Online Services (the “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and the choice of Oklahoma law. If you do not agree to be bound by these Terms, then you should not use the SONIC Online Services.
RIGHT TO CHANGE
SONIC Corp. and its subsidiaries and affiliates (collectively, “SONIC”) reserve the right to add, discontinue, or change the SONIC Online Services (including, without limitation, any products or services featured on any SONIC Online Service) from time to time, for any reason, and may do so without advance notice, or may prevent your use of the SONIC Online Services with or without notice to you. If and when any such change occurs, SONIC’s then operating SONIC Online Services and your use of them will be governed by these Terms as they exist at the time. Your use of the SONIC Online Services after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. You agree that you do not have any rights in the SONIC Online Services and that SONIC will have no liability to you if the SONIC Online Services are discontinued or your ability to access the SONIC Online Services or any content you may have posted on the SONIC Online Services is terminated. You further agree that SONIC will not be liable for any modification or suspension of the SONIC Online Services.
Certain services offered through the SONIC Online Services, including mobile applications, loyalty programs, e-mail programs, sweepstakes and other prize promotions, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail.
RESTRICTIONS ON USE
SONIC owns, operates, licenses, and/or controls the above-referenced SONIC Online Services and the content contained within each Online Service, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“SONIC Content”). You may not use, copy, distribute, publish, upload, post, or transmit any SONIC material from the SONIC Online Services or from any other web site or digital platform that SONIC owns, operates, licenses, or controls, without first obtaining SONIC’s permission in writing. All material available on or through the SONIC Online Services is being made available only to provide public information for lawful commercial, marketing, promotional, and entertainment purposes related to SONIC restaurants and their products and services. Unauthorized use and any misuse of the SONIC Online Services and/or SONIC Content is strictly prohibited and may violate and infringe upon SONIC’s intellectual property rights in the SONIC Online Services and may constitute criminal conduct reportable to and punishable by government authorities. You further agree to in no other way misuse any SONIC Content or content provided by third parties that appears in the SONIC Online Services.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us clicking here .
RESPONSIBLE USE OF THE SONIC ONLINE SERVICES
The following requirements apply to your use of the SONIC Online Services: (a) you will not use any electronic communication feature of the SONIC Online Services for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the SONIC Online Services for any commercial purpose not expressly approved by SONIC in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials for you or a third party or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of our SONIC Online Services you may be able to submit or communicate to us written posts, materials, remarks, suggestions, ideas, photos, images, stories and other information and materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by SONIC; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of SONIC, or misrepresent an affiliation with another person or organization; and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the SONIC Online Services or features of the SONIC Online Services. You further understand and agree that you have no ownership rights to any account you may have with us or other access to the SONIC Online Services or features therein. SONIC may cancel your account and delete all User Content associated with your account at any time, and without notice, if SONIC deems that you have violated these Terms, the law, or for any other reason. SONIC assumes no liability for any information removed from our SONIC Online Services, and reserves the right to permanently restrict access to the SONIC Online Services or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the SONIC Online Services, you hereby grant to SONIC a non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek permission from you and any third party. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on or through the SONIC Online Services and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights or any other intellectual property rights or other rights of any person or entity.
USERS AND ACCOUNTS
Most SONIC Online Services are not intended for use by anyone under the age of 13. Anyone between ages 13 and 18 may only use the SONIC Online Services under the supervision of a parent or a legal guardian who agrees to be bound by those terms.
Particular features and/or services offered by the SONIC Online Services may require you to open an account. If so, you must complete the specified registration process by providing us with current, complete, and accurate information as requested. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. After you have fully completed any registration form, you may be asked to choose a user name and password. It is entirely your responsibility to maintain the confidentiality of your user name, password and other account information. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user name, password, or other information that provides you access to the SONIC Online Services. SONIC is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
PRODUCT SALES, ORDERING AND AVAILABILITY
Through the SONIC Online Services, you may be able to order and/or pay for SONIC or third-party products or services. All products and offers displayed through any SONIC Online Service will be delivered only within the United States. All prices displayed on the SONIC Online Services are quoted in U.S. Dollars and are valid and effective only in the United States. SONIC reserves the right, without prior notice, to discontinue or change specifications on products and/or services offered through the SONIC Online Services.
To be able to order and pay for SONIC or third-party products or services, you must supply certain information relevant to your transaction, including, without limitation, your My SONIC card information and/or your credit or debit card number, the expiration date of your credit or debit card, the name on your card, and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD, MY SONIC CARD, OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to SONIC and/or any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
SONIC may permit you, through a SONIC Online Service, to order menu items or other products or services (collectively “Products or Services”) from a SONIC location. All descriptions, images, features, specifications, products, and prices of Products or Services are subject to change at any time without notice. The inclusion of any Products or Services on a SONIC Online Service does not imply or warrant that these Products or Services will be available. SONIC reserves the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product or Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product or Service. You agree to pay all charges incurred by you, on your behalf, or by your account through the SONIC Online Service, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction. You acknowledge and agree that web and mobile ordering and the ability to purchase Products and Services is only available at participating locations (which locations are subject to change without notice). Prices and availability of menu items and customization options vary by location.
You understand and agree that you are charged at the time you place your order for Products or Services. You further understand and agree that the transaction for the purchase of Products or Services is final and complete at the time you are charged. Once an order is placed, changes cannot be made to the order. Orders may be cancelled by selecting Cancel Order on your Order Confirmation in the SONIC App until five minutes before your scheduled pick-up time. Once you have directed SONIC to begin preparation of your order (by any means designated by SONIC and communicated to you in SONICs sole discretion), you may not cancel your order. Orders placed for pick-up ASAP may not be cancelled. Please allow at least two weeks for any refund to be processed. Unclaimed orders due to customer error (including orders sent to the wrong SONIC location) are nonrefundable.
USE OF MOBILE DEVICE
If you use your mobile device to access the SONIC Online Services, you are responsible for obtaining and paying for a suitable device and paying for additional services needed to access the SONIC Online Services, including without limitation mobile data service, all usage charges related thereto, and any additional subscription or connectivity services or equipment necessary to access the SONIC Online Services. SONIC does not warrant that the SONIC Online Services will be compatible with your mobile device.
SERVICE-SPECIFIC TERMS AND CONDITIONS
MY SONIC ® LOYALTY PROGRAM
SONIC loyalty programs (“Programs”) allow you to receive certain rewards, which may not be identified to you in advance. Purchases at participating SONIC Drive-In locations may be required to earn rewards. Members must be registered, and may be required to log-in to a membership account in order to earn/receive rewards. You must be at least 13 years of age to participate in the Programs. Only one account per person. Rewards may be issued by SONIC on a periodic basis, and the number, type and frequency of rewards may be based upon a number of factors, each subject to change, including without limitation, volume and type of purchases at participating SONIC Drive-In locations, member account usage, type and amount of personal information provided (for example, email address), and type and amount of participation in and/or interaction with other SONIC programs and/or applications. Unless otherwise identified, a reward will consist of the single serving size of the item noted. In the event of any discrepancy, SONIC’s determination of the size of the reward shall be final. You are not obligated to accept or utilize any rewards. There may be a limit on the number of rewards that can be redeemed per transaction. Rewards will be deemed forfeited if not used within the allotted time frame. Rewards are subject to change or substitution without notice. Rewards may not be exchanged for cash, any cash equivalent or any other products, or combined with other discounts or coupons. Some Program options are only available if you utilize corresponding Program features. A unique email address may be required. SONIC reserves the right to terminate or change the Programs, including these terms, at any time without notice. SONIC may conduct test programs from time to time in certain markets which may have additional/different program terms than those described here. SONIC has no obligation to expand or continue any test or program, and may discontinue the Programs at any time. Rewards may not be earned or redeemed if unexpected technical difficulties arise. In such case, SONIC has no responsibility to retroactively apply rewards. SONIC is not responsible for undeliverable, lost, returned or misdirected emails or other correspondence, or for use of your account or rewards issued, without your permission. Programs and rewards are valid only in the United States.
Your participation in the Programs may be discontinued by us in connection with actual or suspected unauthorized or fraudulent use of the Programs or violation of these terms. SONIC reserves the right to seek all remedies available by law and in equity for violations of any of the terms, including suspending or blocking your access to your account.
SONIC MOBILE APPLICATION
The use of the SONIC mobile application (“App”) requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and App updates, from SONIC, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including but not limited to payment of all third party fees associated therewith, including fees or information sent to or through the App. SONIC does not warrant that the App will be compatible with your mobile device.
If you download the App, we may send you special offers and messages. These in-App offers may have specific terms and conditions outlined in the offer. These in-App offers and in-App messages are integrated features of the App. If you do not wish to receive these in-App offers and in-App messages, you must delete the App. If you download the App, with your permission, we may also push notifications to your device. You will be able to opt out of push notifications in your device’s settings.
For Apple iOS users, if you download and use our App, you, the end-user of this App, acknowledge that these terms regarding the App are entered into by and between SONIC and you and not with Apple, Inc., and Apple, Inc. is not responsible for the App and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of these Terms and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce the Terms. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the App. You acknowledge that you have reviewed the App Store Terms and Conditions (located here online). These Terms incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located here online). For purposes of these Terms, the App is considered the “Licensed Application” as defined in the LAEULA and SONIC is considered the “Application Provider” as defined in the LAEULA. If any Terms conflict with the terms of the LAEULA, these Terms shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the App (including, without limitation, a third party claim that the App infringes that third party’s intellectual property rights) or your use or possession of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
MY SONIC® CARD/SONIC PAY TERMS AND CONDITIONS
As used in these Terms, references to “My SONIC® card” include both your use of the stored value card through a physical card and your digital use, such as through SONIC PAY™ in the App. Use of the My SONIC® card constitutes acceptance of these Terms. Your My SONIC® card has no cash value, is not a gift card or credit card, and is not valid if obtained from unauthorized parties, including without limitation through Internet auction sites. Your user name and password are for your personal use only. You are responsible for maintaining the security and confidentiality of your My SONIC® card and your account, username and password, and you agree to be responsible for all activities that occur with your My SONIC® card and under your account, username and/or password. Neither SONIC nor its service providers are responsible for undeliverable, lost, returned or misdirected emails or other correspondence related to your My SONIC® card account, or for use of your My SONIC® card or your user name or password without your permission.
Your My SONIC® card may be used to make purchases only at participating SONIC restaurants. Purchases will be deducted from your card balance until the value reaches zero, unless you load additional value. Except as required by applicable law, your My SONIC® card may not be applied as payment to any account or redeemed for cash. We are not responsible if your physical card is lost, stolen, destroyed or used without your permission. However, if your card is registered and is later lost, stolen, destroyed or used without your permission, then you may report your card number to 1-866-OK SONIC (657-6642) to obtain a replacement card for the value remaining at the time of the report, less applicable costs of replacement. Cards resold, auctioned, obtained, or loaded from unlicensed sources or through fraudulent means are invalid and are subject to seizure, reversal and cancellation, without refund or replacement. My SONIC® cards are issued by SONIC Value Card LLC. Except as required by applicable law, the card issuer does not permit refunds.
If and when SONIC coupons are featured on the SONIC Online Services, they may be redeemed at participating restaurants and printed, if necessary, to redeem, except when prohibited by the particular coupon. Some digital coupons may require you to perform specific redemption action within the App or through SONIC’s texting program. Coupons may not be changed or modified in any way. Copying, sale and Internet auction and re-distribution of coupons is strictly prohibited. All coupons are void where prohibited.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
SONIC makes no representations about the reliability of the features of the SONIC Online Services, the SONIC Content, User Content, or any other SONIC Online Services feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. SONIC makes no representations regarding the amount of time that any SONIC Content or User Content will be preserved.
SONIC does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by SONIC without the prior review and written approval of SONIC.
THE SONIC ONLINE SERVICES AND THEIR CONTENTS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SONIC SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, INCLUDING THE ACCURACY OR COMPLETENESS OF THE SONIC ONLINE SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SONIC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INJURIES, COSTS, OR EXPENSES OF ANY KIND (“DAMAGES”) DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM THE ACCESS/USE, ATTEMPTED ACCESS/USE, OR INABILITY TO ACCESS/USE THE SONIC ONLINE SERVICES, INCLUDING YOUR RELIANCE UPON THE INFORMATION CONTAINED IN THE SONIC ONLINE SERVICES. FURTHERMORE, SONIC WILL NOT BE LIABLE FOR ANY DAMAGES, INJURIES, COSTS, OR EXPENSES OF ANY KIND DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SONIC’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL SONIC OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SONIC ONLINE SERVICES, EVEN IF SONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SONIC’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SONIC ONLINE SERVICES ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON ANY SONIC ONLINE SERVICE IS NOT AN OFFER OR SOLICITATION BY ANYONE TO ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
If you send any communication to SONIC through the SONIC Online Services, including through e-mail, then you will be sending it to SONIC without any promises or assurances by SONIC that your communication and the information in it will be received or will be treated as confidential. By sending your communication in this manner, you agree that SONIC has the irrevocable right to use, copy, distribute, and publish your communication and all information in it, including any personal, biographical, or identifiable information concerning you or others, for any purpose whatsoever now and in the future without any obligation to obtain your permission or to compensate you. You must not send us any communication unless it is legal and truthful and will not violate the rights of others.
SONIC and its affiliated entities do not accept unsolicited ideas. Therefore, if you send any text, ideas, drawings, slogans, pictures, audio, video, or other information to SONIC through the SONIC Online Services, by e-mail or otherwise, your submission will become the property of SONIC, and SONIC will have no duty to preserve or return your submission. By sending your submission, you agree that your submission is not confidential nor proprietary and that SONIC may use and own your submission for any purpose whatsoever now and in the future without any obligation to obtain your permission or to compensate you.
COPYRIGHT AND TRADEMARK NOTICE
Unless otherwise noted, all materials published on any SONIC Online Service are protected by copyrights, trade dress, trademarks and/or other intellectual property owned by SONIC and/or its subsidiaries and affiliates or by other parties that have licensed their materials to SONIC. SONIC trademarks on each of the SONIC Online Services represent some of the trademarks currently owned or controlled in the United States and/or in other countries by SONIC and are not intended to be a comprehensive compilation of all SONIC’s worldwide proprietary ownership rights.
You may not remove or alter any copyright, trademark or other proprietary right notice in the SONIC Online Services. All rights not expressly granted are reserved.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us clicking here .
Links provided within the SONIC Online Services will allow you to connect to other websites and services that are not under SONIC’s control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.
GEOGRAPHICAL SCOPE OF THE SONIC ONLINE SERVICES
SONIC controls and operates the SONIC Online Services from within the United States. Unless otherwise specified on any SONIC Online Services, the SONIC Online Services are intended to promote only those SONIC products that are sold by SONIC in the United States; SONIC makes no representation that the materials in the SONIC Online Services or the products described thereby are appropriate or available for use in other locations. If you access the SONIC Online Services from outside the United States, be advised the SONIC Online Services may contain references to products and services that are not available or are prohibited in that country. All visitors to and users of the SONIC Online Services are responsible for compliance with all local laws applicable to them with respect to the content and operation of the SONIC Online Services.
JURISDICTION AND ARBITRATION
The terms and conditions of this legal statement will be construed, interpreted, and enforced according to the laws of the State of Oklahoma and the United States of America, without regard to conflict of law rules or principles. By using the SONIC Online Services, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Oklahoma City, Oklahoma. These Terms operate to the fullest extent permissible by law.
BY USING THE SONIC ONLINE SERVICES, YOU AGREE THAT ARBITRATION SHALL BE THE EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE NOT RESOLVED THROUGH INFORMAL NEGOTIATIONS AND THAT SUCH ARBITRATION WILL BE CONDUCTED THROUGH THE AMERICAN ARBITRATION ASSOCIATION PURSUANT TO ITS RULES FOR COMMERCIAL ARBITRATION BEFORE A SINGLE ARBITRATOR. ARBITRATION SHALL BE HELD IN OKLAHOMA CITY, OKLAHOMA, AND THE ARBITRATOR SHALL APPLY OKLAHOMA LAW. THE ARBITRATION OF DISPUTES PURSUANT TO THESE TERMS SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS, EXPENSES, AND REASONABLE ATTORNEYS’ FEES; (2) ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED (IF ANY); (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the SONIC Online Services by any authority.
Both you and SONIC acknowledge and agree that no partnership is formed and neither you nor SONIC has the power or the authority to obligate or bind the other.
If SONIC fails to act with respect to your breach of these Terms or anyone else’s breach of these Terms on any occasion, SONIC is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute a binding agreement between you and SONIC, and is accepted by you upon your use of the SONIC Online Services. These Terms constitute the entire agreement between you and SONIC regarding the use of the SONIC Online Services. By using the SONIC Online Services you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
If you have any questions regarding any of these terms, please contact us by clicking here or by calling 1-866-OK SONIC (657-6642).
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