7) Feedback; Communications with You.
a) You agree that any comments, suggestions or feedback you provide regarding your use of the Services (“Feedback”) will become the exclusive property of Soundable Health, regardless of the form or platform in which it is delivered. You further agree that Soundable Health and Providers may use all or part of your Feedback or any derivative thereof in any manner or media without any remuneration, compensation or credit to you. You hereby assign to Soundable Health all right, title and interest to your Feedback, including all copyrights therein.
b) Soundable Health and Providers may communicate with you about the Services, including through one or more third party e-mail or survey services, via methods determined by Soundable Health, including through the Services or contact information you provide as part of the registration process for the Services. You consent to receive communications from Soundable Health and/or Providers that may: (i) solicit Feedback via e-mail, surveys, bug reports, or other methods Soundable Health may determine; (ii) collect additional information regarding issues you report in your Feedback; (iii) notify you of changes to the Services or these Soundable Health Terms; and (iv) tell you about future Soundable Health programs, products or services. You agree that Soundable Health may share your contact information with Providers, and, to the extent necessary to enable such communications, with other third parties.
8) Disclaimer of Warranties, Limitation of Liability, and Indemnity.
a) THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES ARE NOT INTENDED TO BE, AND SHOULD NOT BE TAKEN TO BE, NOR DO THEY REPLACE, (I) PROFESSIONAL MEDICAL ADVICE, SCREENING, DIAGNOSIS, OR TREATMENT, (II) THE PRACTICE OF MEDICINE, OR (III) THE PROVISION OF MEDICAL CARE. THE SERVICE IS NOT DESIGNED TO BE A SUBSTITUTE FOR CLINICAL EXAMINATION EQUIPMENT OR DIAGNOSIS, AND SOUNDABLE HEALTH DOES NOT IN ANY WAY GUARANTEE THE ANALYTICAL RESULTS OF THE SERVICE. PLEASE DO NOT RELY ON THE RESULTS PROVIDED BY THE APP TO ASSESS YOUR HEALTH; INSTEAD, YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTHCARE PROFESSIONAL IN ALL MATTERS RELATING TO YOUR HEALTH. IN THE EVENT OF AN EMERGENCY, IMMEDIATELY CALL 911 OR YOUR HEALTHCARE PROVIDER. THE SERVICES WILL NOT CONTACT EMERGENCY SERVICES ON YOUR BEHALF
b) YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEITHER SOUNDABLE HEALTH NOR PROVIDERS MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY AND PRIVACY OF YOUR DATA AND/OR INFORMATION, COMPATIBILITY OR NON-INFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE; OR AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES, WHETHER PROVIDED IN TEXT, AUDIO, VIDEO, GRAPHICAL, OR OTHER FORM (THE “SERVICE CONTENT”). NEITHER SOUNDABLE HEALTH NOR PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY SERVICE PROVIDERS. SOUNDABLE HEALTH IS NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS YOU MAY MAKE IN RELIANCE ON THE SERVICES OR SERVICE CONTENT, OR FOR ANY DEFECTS OR ERRORS THAT MAY RESULT FROM YOUR PROVISION OF INCOMPLETE OR INACCURATE INFORMATION TO SOUNDABLE HEALTH OR THE SERVICE, YOUR USE OF THE APP WITH HARDWARE THAT DOES NOT MEET THE MINIMUM REQUIREMENTS SPECIFIED BY SOUNDABLE HEALTH, OR YOUR USE OF ANY VERSION OF THE APP OTHER THAN THE MOST RECENT GENERALLY AVAILABLE RELEASE OF THE APP.
c) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOUNDABLE HEALTH, PROVIDERS, OR THEIR AFFILIATES, SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, THIRD PARTY SERVICE PROVIDERS (INCLUDING THOSE WHO HELP ADMINISTER AND OPERATE THE SERVICES), AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “LICENSOR PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE LICENSOR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LICENSOR PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES (IF ANY) AND $100, EXCEPT TO THE EXTENT AN APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE SOUNDABLE HEALTH TERMS.
d) YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS THE LICENSOR PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE SOUNDABLE HEALTH TERMS, YOUR USE OF THE SERVICES, OR YOUR FEEDBACK. SOUNDABLE HEALTH RESERVES THE RIGHT TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN SUCH EVENT, YOU SHALL PROVIDE SOUNDABLE HEALTH WITH SUCH COOPERATION AS SOUNDABLE HEALTH REASONABLY REQUESTS.