SOUNDSIDE COLLECTIVE, INC.
— TERMS OF SERVICE

Last Updated: August 22, 2026

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1. ACCEPTANCE OF TERMS & CONTRACT FORMATION

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Soundside Collective, Inc. ("Company," "Soundside," "we," "us," or "our") governing your access to and use of our website located at [https://www.soundsidecollective.com](https://www.soundsidecollective.com) (the "Site"), as well as any related mobile interfaces, social media interactions, customer service channels, or purchase features (collectively, the "Services").

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PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY CLICKING "I AGREE," CHECKING AN ACCEPTANCE BOX, CREATING AN ACCOUNT, OR PLACING AN ORDER THROUGH THE SITE, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY.

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Electronic Communications & Consent to Electronic Contracting:  By accessing the Site, registering an account, checking an acceptance box, or placing an order, you express your affirmative intent to enter into a binding electronic contract with Soundside. Pursuant to the North Carolina Uniform Electronic Transactions Act (NC UETA, N.C.G.S. § 66-311 et seq.) and the federal Electronic Signatures in Global and National Commerce Act (ESIGN, 15 U.S.C. § 7001 et seq.), you consent to conduct business electronically and agree that all agreements, order confirmations, disclosures, notices, and other communications provided to you electronically satisfy any statutory or legal requirement that such communications be provided in writing.

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If you do not agree to all of these Terms, you are not authorized to use the Site or Services and must discontinue use immediately.

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2. ELIGIBILITY & ACCOUNT SECURITY

  • Age Limit: The Services are intended solely for individuals who are at least eighteen (18) years of age, or the legal age of majority in their jurisdiction of residence. By using the Site, you represent and warrant that you meet this age requirement.
  • Account Registration: To access certain features or track orders, you may be required to register an account. You agree to provide accurate, current, and complete information during registration and to promptly update your account details.
  • Account Credentials: You are solely responsible for maintaining the confidentiality of your account password and login credentials. You accept full responsibility for all activities, orders, and charges incurred under your account. You agree to notify us immediately at support@soundsidecollective.com of any suspected unauthorized account activity or security breach.

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3. PRODUCTS, ORDERS, PRICING, & TYPOGRAPHICAL ERRORS

  • Merchandise Availability: All apparel, accessories, and products displayed on the Site are subject to availability. We reserve the right to limit order quantities, discontinue items without notice, or reject any order in our sole discretion.
  • Product Representation: We strive to display product colors, designs, and dimensions as accurately as possible. However, the actual colors you see depend on your device display settings, and we cannot guarantee that your monitor will accurately render product details.
  • Pricing & Tax: All prices are displayed in U.S. Dollars ($USD) and exclude applicable sales taxes, shipping, and handling charges, which will be calculated and itemized at checkout.
  • Errors & Corrections: In the event a product is listed at an incorrect price, with inaccurate sizing details, or with incorrect promotional terms due to a typographical, system, or administrative error, we reserve the right to cancel or refuse any orders placed for that product—even if the order has been confirmed or your credit card charged. If your payment method has already been billed for a canceled order, we will promptly issue a full credit to your original payment method.

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4. SHIPPING, RISK OF LOSS, & RETURNS

  • Shipping Terms: Delivery dates, shipping windows, and transit times displayed on the Site are estimates only and are not guaranteed. Soundside is not liable for shipping delays caused by carrier disruptions, customs holds, or force majeure events.
  • Passage of Title & Risk of Loss: All physical product purchases from the Site are made pursuant to a shipment contract. Title to and risk of loss or damage for all items pass to you upon our delivery of the shipment to the carrier (e.g., USPS, UPS, FedEx).
  • Returns, Replacements & Refunds
    • Eligible Reasons: If your order does not meet the following standards, Soundside will replace the item at no additional cost or issue a refund, at Soundside's discretion, subject to the terms below:
      • (a) the item does not fit as expected (sizing issue);
      • (b) a manufacturing error occurred (e.g., defective print, stitching, or material); (c) the product received is otherwise defective; or
      • (d) you received the wrong item.
    • How to Request a Return: To request a return, replacement, or refund, email questions@soundsidecollective.com within five (5) business days of the date your order is marked as delivered. Requests submitted after this window may not be eligible for return.
    • Review, Approval & Photos: All return requests are subject to Soundside's review and approval. Soundside may request photographs or other documentation of the item to evaluate the basis for the request, and reserves the right to approve, deny, or offer an alternative resolution (such as a partial refund or store credit) for any return request, in its sole discretion.
    • Appeals: If your return request is denied, you may appeal the decision by emailing founder@soundsidecollective.com directly. Appeals are reviewed on a case-by-case basis, and Soundside's decision on appeal is final.
    • Refund or Replacement Timing: Approved refunds will be issued to your original payment method within five (5) business days of approval. Approved replacements will be shipped to you at no additional cost within ten (10) business days of approval.

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5. INTELLECTUAL PROPERTY & BRAND PROTECTION

  • Ownership: The Site, including its underlying software, HTML code, graphics, original apparel designs, artwork, logos, trademarks, slogans, product names, text, and photographic imagery (collectively, "Company IP"), is the sole and exclusive property of Soundside Collective, Inc. or its licensors, protected under United States and international copyright, trademark, trade dress, and unfair competition laws.
  • Limited License: Subject to your strict compliance with these Terms, Soundside grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Site solely for your personal, non-commercial shopping purposes.
  • Restrictions: You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, reverse engineer, scrape, frame, or commercially exploit any Company IP without our prior express written authorization.

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6. USER-GENERATED CONTENT, REVIEWS, & DMCA

  • User Submissions: If you submit or post product reviews, feedback, photo uploads, video submissions, or social media tags (collectively, "User Content") to the Site or via our official social channels, you grant Soundside a perpetual, worldwide, irrevocable, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, display, and distribute such User Content in any media format for marketing, promotional, or commercial purposes.
  • Content Warranties: You represent and warrant that you own or possess all necessary rights to your User Content, that your content does not violate any third-party privacy, publicity, or intellectual property rights, and that it contains no defamatory or unlawful material.
  • DMCA / Copyright Takedown Procedure: Soundside respects the intellectual property rights of others. Pursuant to 17 U.S.C. § 512(c) (the Digital Millennium Copyright Act), if you believe any material hosted on the Site infringes your copyright, you may submit a formal Notice of Copyright Infringement to our designated Copyright Agent:

Designated Copyright Agent

Soundside Collective, Inc.

Attn: Legal / DMCA Agent

226 N Front St, Suite #113, Wilmington, NC 28401

Email: legal@soundsidecollective.com

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7. PROHIBITED CONDUCT & AUTOMATED SCRAPING

You expressly agree that you will not engage in any of the following prohibited activities:

  • Using any automated system, including "robots," "spiders," "offline readers," or "scrapers," to access, extract, or harvest data or content from the Site.
  • Interfering with, damaging, overburdening, or compromising the technical integrity, security, or network performance of the Site or its underlying servers.
  • Purchasing merchandise for unauthorized commercial resale, wholesale distribution, or export.
  • Attempting to probe, scan, or test the vulnerability of our systems or bypass security authentication protocols.
  • Using the Services for any unlawful, fraud-related, or malicious purpose.

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8. RECURRING PURCHASES & SUBSCRIPTIONS [CONDITIONAL]

If Soundside offers recurring subscription options in the future, subscriptions will automatically renew at the disclosed frequency and rate until canceled. You will be provided clear disclosures prior to enrollment and may cancel your subscription at any time through your online account portal or by emailing support@soundsidecollective.com at least 48 hours prior to your next scheduled billing date.

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9. THIRD-PARTY DEPENDENCIES & LINKS

The Site may contain links to third-party websites, applications, or embedded services (e.g., payment gateways, shipping trackers, Instagram/TikTok embeds). Soundside does not control, endorse, or assume responsibility for any third-party content, privacy policies, or commercial practices. Your interactions with third-party providers are governed solely by those respective third parties' terms and policies.

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10. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, AND ALL MERCHANDISE OFFERED THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

SOUNDSIDE COLLECTIVE, INC. EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR MALICIOUS CODE.

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11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOUNDSIDE COLLECTIVE, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, SERVICES, OR PURCHASED PRODUCTS.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR PRODUCTS PURCHASED FROM US SHALL BE LIMITED STRICTLY TO THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00 USD), OR (B) THE TOTAL AMOUNT PAID BY YOU TO SOUNDSIDE COLLECTIVE, INC. FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY STATE LAW.

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12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Soundside Collective, Inc. and its officers, directors, employees, contractors, agents, licensors, and successors from and against any third-party claims, demands, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your misuse of the Site or products; (c) your User Content; or (d) your violation of any statutory right or third-party intellectual property or privacy right.

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13. GOVERNING LAW, VENUE, & MANDATORY DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT GOVERNS HOW DISPUTES BETWEEN YOU AND SOUNDSIDE ARE RESOLVED AND INCLUDES A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND MASS ARBITRATION PROCEDURES.

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A. Governing Law & Venue

These Terms and any dispute arising out of or related to your use of the Services or purchase of products shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law. Subject to Section 13.D, any court litigation shall be conducted exclusively in the state or federal courts located in New Hanover County, North Carolina.

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B. Mandatory Informal Dispute Resolution Window

Before initiating any formal legal action or arbitration demand, you and Soundside agree to attempt to resolve any dispute informally. The initiating party must send a written "Notice of Dispute" detailing the claimant's full name, contact information, order number, a detailed factual description of the dispute, and the specific relief sought to legal@soundsidecollective.com. Both parties agree to negotiate in good faith for a period of thirty (30) calendar days from receipt of the Notice. Neither party may file for arbitration or court proceedings until this 30-day window has expired.

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C. Agreement to Mandatory Individual Arbitration

If a dispute is not resolved within thirty (30) days, any remaining claim, dispute, or controversy arising out of or relating to these Terms, the Site, or products purchased shall be resolved through final, binding, individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The arbitration shall be conducted by a single neutral arbitrator.

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D. Carve-Outs: Small Claims Court & Intellectual Property

Notwithstanding the agreement to arbitrate:

  1. Either you or Soundside may bring an individual action in a Small Claims Court of competent jurisdiction (such as New Hanover County Small Claims Court), provided the action falls within that court's statutory monetary jurisdiction limit and proceeds strictly on an individual, non-class basis.
  2. Either party may bring suit in a court of competent jurisdiction to enforce or protect its intellectual property rights (including trademarks, copyrights, trade secrets, and unauthorized website scraping) or to seek emergency temporary or preliminary injunctive relief.

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E. AAA Mass Arbitration Supplementary Rules & Staged Batching Procedures

If twenty-five (25) or more similar arbitration demands asserting related claims are filed against Soundside by or with the assistance of the same law firm, group of law firms, or coordinated entities within a ninety (90) day period ("Mass Filing"), the following procedural rules shall apply:

  1. Application of Mass Rules: The arbitration shall be governed strictly by the AAA Mass Arbitration Supplementary Rules in effect at the time of filing.
  2. Appointment of Process Arbitrator: The parties agree that a single Process Arbitrator shall be appointed under AAA Mass Arbitration Rules to determine threshold non-merits issues, including compliance with the mandatory 30-day informal dispute resolution process, Rule 11 verification of claimant representation, and the administrative grouping of claims.
  3. Staged Batching / Bellwether Protocol: To encourage efficient resolution, all demands in the Mass Filing shall be processed in successive batches of fifty (50) claims each. AAA shall appoint a single merits arbitrator for each batch. The remaining claims shall be stayed, and no administrative or arbitrator fees shall accrue or be assessed for stayed claims. Applicable statutes of limitations shall be tolled for all stayed claims from the date of initial filing until their batch is selected for proceeding.
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F. Fee-Shifting Threshold ($5,000 USD)

For any individual consumer claim seeking under $5,000.00 USD, Soundside will reimburse or pay all AAA administrative, filing, and arbitrator fees, ensuring that cost is not a barrier to arbitration.

  • Frivolous Claims Exception: If the arbitrator or Process Arbitrator determines that a claim or relief sought is frivolous or brought for an improper purpose (under the standards of Federal Rule of Civil Procedure 11(b)), fee allocation will be governed by AAA Rules, and you may be required to reimburse Soundside for fees advanced on your behalf.

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G. CLASS ACTION & JURY TRIAL WAIVER

YOU AND SOUNDSIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING.

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14. TERMINATION & SURVIVAL

We reserve the right, in our sole discretion and without prior notice, to terminate or suspend your access to all or part of the Site or cancel outstanding orders if we reasonably believe you have violated these Terms. Sections 5 (Intellectual Property), 6 (User Content), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), and 15 (General) shall survive any termination of these Terms.

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15. GENERAL PROVISIONS

  • Severability: If any provision of these Terms is found by a court or arbitrator to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
  • Entire Agreement: These Terms, together with our Privacy Policy and Return Policy, constitute the entire legal agreement between you and Soundside regarding the Services, superseding any prior written or oral agreements.
  • No Waiver: No failure or delay by Soundside in exercising any right under these Terms shall operate as a waiver of that right.
  • Modifications: We reserve the right to modify these Terms at any time. Updated versions will be posted to the Site with a revised "Last Updated" date. Your continued use of the Site following posted modifications constitutes your acceptance of the revised Terms.

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16. CONTACT INFORMATION

If you have questions, comments, or legal notices regarding these Terms, please contact us at:

Soundside Collective, Inc.

226 N Front St, Suite #113

Wilmington, NC 28401

Customer Support: support@soundsidecollective.com

Legal / Notices: legal@soundsidecollective.com