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Terms of Service Agreement
Effective as of December 2023
CAREFULLY READ THE FOLLOWING TERMS OF SERVICE AGREEMENT (“TOS”). IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND RESTRICTIONS, THAT APPLY TO YOUR USE OF SONARMD’S WEBSITES, APPLICATIONS, AND RELATED TECHNOLOGIES. BY USING SONARMD’S WEBSITES, APPLICATIONS, AND RELATED TECHNOLOGIES, YOU ARE AGREEING TO ALL OF THE PROVISIONS OF THIS TOS AND AGREEING TO COMPLY WITH, AND BE BOUND BY, THIS TOS. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THIS TOS, DO NOT USE ANY OF SONARMD’S WEBSITES, APPLICATIONS, AND RELATED TECHNOLOGIES.
NOTE THAT SECTION 19 OF THIS TOS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE FORUM AND/OR REMEDIES AVAILABLE TO YOU IN THE EVENT OF DISPUTES.
SONARMD ARE NOT HEALTHCARE PROVIDERS, AND SONARMD’S WEBSITES, APPLICATIONS, AND RELATED TECHNOLOGIES DO NOT CONSTITUTE THE PROVISION OF MEDICAL CARE OR CLINICAL SERVICES. SONARMD’S WEBSITES, APPLICATIONS, AND RELATED TECHNOLOGIES ARE NOT FOR USE IN A MEDICAL EMERGENCY OR AN URGENT SITUATION. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR AN URGENT SITUATION, CALL YOUR DOCTOR OR DIAL 9-1-1 IMMEDIATELY.
Any individual, subscriber, or patient using SonarMD’s websites, applications, and related technologies is a user (“User”, “you”, or “your”) for purposes of this TOS.
SonarMD, Inc., a Delaware corporation, and its affiliated companies under common control (each and collectively, “SonarMD”, “we”, “us”, or “our”), provide access to websites, applications, and related technologies, including without limitation text messaging and other means of communication, (each and collectively, the “Products and Services”) that assist individuals obtain information about their health, coordinate their clinical care, and improve their health and wellbeing. We also provide access to Products and Services that assist health plans, healthcare providers, and other healthcare-related companies (each and collectively, the “Clients”) improve their delivery of healthcare and related services, coordinate clinical care, and improve the health and wellbeing of their subscribers or patients.
1. User Eligibility; Children Under Thirteen
The Products and Services are designed for use by adult residents of the States of California, Colorado, Illinois, Minnesota, or New Jersey, or Virginia while physically located within the United States. You must be a legal resident of one of these states to use the Products and Services and physically located within the United Sates while using the Products and Services. If you are not a legal resident of one of these states or are not physically located within the United States, do not use any of the Products and Services.
2. Privacy Policy
SonarMD take the privacy of your personal data very seriously. SonarMD’s data practices are set forth it our Privacy Policy (www.sonarmd.com/privacy-policy), which is incorporated into this TOS by reference. We reserve the right to change our Privacy Policy at any time. By using the Products and Services, you are agreeing to all of the provisions of our Privacy Policy, agreeing to the data practices set forth in our Privacy Policy and the collection, use, and disclosure of your personal data under our Privacy Policy, and agreeing to comply with, and be bound by, our Privacy Policy.
3. Products and Services; No Provision of Medical Care or Clinical Services
The Products and Services include websites that assist Users to obtain health related educational and subscriber- or patient-specific information and mobile applications that assist Users to monitor, coordinate, and manage clinical care. This includes websites that may provide alerts to or about Users, various means of communicating with Users, access and analysis to applicable data, and general or personalized offerings, related services, and future research. SonarMD reserve the right at any time to change, suspend, or discontinue any current Products and Services, or make available new Products and Services. By using any of the Products and Services, including without limitation after any change, suspension, or discontinuance, you are agreeing to any such change suspension, or discontinuance.
The Products and Services do not constitute the provision of medical care or clinical services and are not a substitute for, the expertise, skill, knowledge, and judgment of healthcare providers. The Products and Services should not be relied on as the exclusive or primary tool for communicating health information, including without limitation information about personal health or conditions. Users assume full responsibility for using the Products and Services and are solely responsible for any harm, claim, loss, or damage arising from the use of the Products and Services.
While the Products and Services may enable communications and sharing of information with healthcare providers, SonarMD are not responsible for monitoring such communications or information, and SonarMD are not a party to such communications or information that may occur.
4. Not a Healthcare Provider
SonarMD are not healthcare providers and do not provide medical care or clinical services. If any medical care or clinical services are provided to you through your use of the Products and Services, such medical care or clinical services are not provided by SonarMD but rather are provided by your applicable healthcare providers. You should directly contact your healthcare providers with any questions regarding your medical care or clinical services.
5. Responsibility for Care; Provider Credentials
Your healthcare is solely your responsibility and the responsibility of your healthcare providers. Healthcare providers are the exclusive providers of medical care or clinical services. SonarMD support and collaborate with healthcare providers through the Products and Services. However, healthcare providers at all times have the exclusive control and responsibility for providing medical care or clinical services.
SonarMD do not sponsor, endorse, recommend, or approve of any healthcare providers, nor do we make any representations or warranties about the availability, suitability, capability, quality, or legality of the medical care or clinical services that may be provided by healthcare providers. Each healthcare provider, and not SonarMD, is solely responsible for obtaining informed consent, including without limitation consent to use telehealth or other technologies, and for providing medical care or clinical services.
SonarMD is not responsible for credentialing or verifying the qualifications of healthcare providers. We make no representation or warranty regarding the accuracy of any credentials or qualifications of healthcare providers. You should independently confirm whether your healthcare provider is licensed, appropriately credentialed and qualified, insured, and in good standing with such healthcare provider’s licensing board(s) and professional board(s) and association(s).
6. Accounts and Communications
To use the Products and Services, you may need to register for a SonarMD account (“Account”) or have a mobile telephone. By creating an Account or providing your mobile telephone number to SonarMD, you consent to receiving communications from SonarMD and from Clients in connection with the Products and Services. These communications include without limitation calls, autodialed calls, text messages, and postings and are a part of your relationship with us. You agree that any such communications we send to you will satisfy any legal communication requirements, including without limitation that such communication is in writing. You should maintain copies of such communications from us by printing a paper copy or saving an electronic copy. Standard message and data rates may be applied by your mobile telephone carrier for the communications we send you. Please contact your mobile telephone carrier for details.
7. User Conduct
You agree to (a) keep your Account information accurate, complete, and updated and your mobile telephone number updated, (b) maintain the security of your Account and your mobile telephone, (c) be responsible for the conduct of any third party who has authority to use your Account or your mobile telephone number, and (d) immediately notify SonarMD if you discover or otherwise suspect any security breach related to your Account or mobile telephone.
You agree that you will not violate any law, contract, intellectual property, or other right of SonarMD or any third party, and that you are solely responsible for your conduct while using the Products and Services. You agree that you will abide by this TOS and will not:
If we determine that you have violated this TOS, we may take action against your Account to protect our community and Products and Services, including without limitation suspending, disabling, or terminating your Account. We may also suspend, disable, or terminate your Account if you create risk or legal exposure for us or when we are permitted or required to do so by law.
We may take actions we deem necessary to prevent, respond to, pursue, or remedy suspected or actual improper conduct, including without limitation suspending, disabling, or terminating your Account or your use of the Products and Services. We may also suspend, disable, or terminate your Account or your use of the Products and Services if you create risk or legal exposure for us, any Clients, or any individual or when we are permitted or required to do so by law.
8. User Content
The Products and Services may include interactive features and areas that allow Users to share or store content, including without limitation videos, images, documents, text, and or other materials (each and collectively, the “User Content”). If you decide to share your User Content with others through the Products and Services, you understand that this User Content may be viewable by others. You agree that you are solely responsible for your User Content and for your use or access to any interactive features and areas of the Products and Services.
By using the interactive features and areas of the Products and Services, you further agree not to create, post, share, or store any of the following:
Although we have no obligation to screen, edit, or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored in connection with the Products and Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you create, post, share, or store in connection with the Products and Services at your sole cost and expense.
9. Rights in User Content
If you post or share User Content, you retain your ownership of your intellectual property rights. SonarMD do not claim any ownership interest in your User Content. However, by posting or sharing User Content in connection with the Products and Services or to our pages or feeds on third party social media platforms (e.g., SonarMD’s Facebook page, Instagram page or Twitter feed), you hereby grant SonarMD a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content, in whole or in part, and your name, likeness, voice, and persona in any manner or media and for any purpose whatsoever at our sole discretion, including without limitation for publicity, promotional, advertising, trade, business, illustration, artistic, and other commercial and noncommercial purposes.
By posting or sharing User Content in connection with the Products and Services or to our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post or share such User Content, (c) you authorize SonarMD to use such User Content for the purposes described in this TOS, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your posting and sharing thereof, does not and will not violate this TOS or any applicable law, rule, regulation or third party right.
10. Third Party Links
The Products and Services may contain links to the websites, applications, or technologies of third parties. SonarMD are not responsible for the content in the linked websites, applications, or technologies of such third parties, including without limitation any changes that are made to the linked websites, applications, or technologies, the quality, completeness, or accuracy of the information provided by such third parties, or the terms of service/use or privacy policy of such third parties. Such linked websites, applications, or technologies are for your convenience only and you access them at your own risk.
11. Trademarks
“SonarMD”, the SonarMD logo, and any other SonarMD product or service names, logos, or slogans that may appear on the Products and Services are trademarks of SonarMD and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “SonarMD” or any other name, trademark, or product, or service name of SonarMD without our prior written permission. In addition, the look and feel of the Products and Services, including without limitation all page headers, custom graphics, button icons, and scripts, constitute the service mark, trademark, or trade dress of SonarMD and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product or service names, and company names or logos mentioned on the Products and Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by SonarMD.
12. Intellectual Property
The Products and Services belong exclusively to SonarMD. Unencumbered title to the Products and Services will, at all times, remain with Us. You agree to protect the Products and Services from unauthorized use, reproduction, distribution, or publication in electronic or physical form. The entire content of the Products and Services (except for your User Content) is copyrighted as a collective work under the United States copyright laws. We own a copyright in the selection, coordination, layout, arrangement, and enhancement of the Products and Services. In addition, from time to time there may be information that is made available to You in the Products and Services that is copyrighted material belonging to Us or a third party. You may not modify, reproduce, publish, transmit, participate in the transfer or sale, create derivative works, use for commercial purposes, or in any way exploit any of the copyrighted content, in whole or in part, except as provided in this TOS. Except as otherwise expressly permitted under United States copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without Our express permission and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material. Modification or other unauthorized use of any copyrighted materials in the Products and Services is a violation of Our copyright and other proprietary rights and may also violate the rights of various other parties and/or applicable laws.
13. Notice of Copyright Infringement
SonarMD respect the rights of all copyright holders and have adopted and implemented a policy that provides for the termination in appropriate circumstances of Users who infringe the rights of copyright holders. If you are a copyright owner or agent thereof and believe that content posted hereunder infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) 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 (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent can be reached by mail at:
SonarMD, Inc.
Attn: Copyright Agent
332 S Michigan Ave
Suite 121 #5410
Chicago, IL 60604
Telephone: 312.283.0601
Email: [email protected]
14. Feedback
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials, or other information about SonarMD or the Products and Services (each and collectively, the “Feedback”). Feedback is nonconfidential and shall become the sole property of SonarMD. SonarMD shall own exclusive rights, including without limitation all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
15. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless SonarMD, and our respective past, present, and future officers, directors, managers, owners, partners, shareholders, members, employees, contractors, consultants, agents, representatives, parent companies, subsidiaries, affiliates, predecessors, successors, and assigns (each and collectively, the “SonarMD Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (each and collectively, the “Claims”), including without limitation damages to property or personal injury, that are caused by, arise out of, or are related to (a) any use or misuse of the Products and Services, including without limitation any change, suspension, or discontinuance of any such Products and Services, by you or any third party you authorize to access or use such Products and Services, (b) any access to medical care or clinical services you obtain through the Products and Services, (c) any medical care or clinical services provided by healthcare providers to you through the Products and Services, (d) User Content you create, post, share, or store on or through the Products and Services or our pages or feeds on third party social media platforms, (e) any use or misuse of links to the websites, applications, or technologies of third parties by you, (f) your violation of this TOS, (g) your violation of the rights of another, (h) your negligence or willful misconduct, and (i) any violation of any law, rule, or regulation.
You agree to promptly notify SonarMD of any Claims, cooperate with the SonarMD Parties in defending such Claims, and pay all of SonarMD’s fees, costs, and expenses associated with defending such Claims (including without limitation reasonable attorneys’ fees and expenses, court costs, costs of settlement, and costs of pursuing indemnification and insurance). You further agree that the SonarMD Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SonarMD.
16. Disclaimers
SONARMD ARE NOT HEALTHCARE PROVIDERS, AND THE PRODUCTS AND SERVICES DO NOT CONSTITUTE THE PROVISION OF MEDICAL CARE OR CLINICAL SERVICES. ANY MEDICAL CARE OR CLINICAL SERVICES PROVIDED TO YOU THROUGH YOUR USE OF THE PRODUCTS AND SERVICES ARE NOT PROVIDED BY SONARMD BUT RATHER ARE PROVIDED BY YOUR APPLICABLE HEALTHCARE PROVIDERS.
YOUR USE OF THE PRODUCTS AND SERVICES AT YOUR SOLE DISCRETION AND RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SONARMD DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE PRODUCTS AND SERVICES, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM.
SONARMD MAKE NO WARRANTY THAT (A) THE PRODUCTS AND SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (B) THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR WILL BE CORRECTED; OR (C) ANY IMPROVEMENT OR OTHER RESULTS MAY BE OBTAINED FROM THE USE OF THE PRODUCTS AND SERVICES.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE WARRANTY DISCLAIMERS MAY NOT APPLY TO YOU.
17. Limitations of SonarMD’s Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SONARMD PARTIES BE LIABLE FOR (A) ANY PERSONAL INJURY, PROPERTY DAMAGE, PROFESSIONAL LIABILITY, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF REVENUE, LOSS OF INCOME, LOSS OF PROFITS, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, BUSINESS INTERRUPTION, OR WORK STOPPAGE, (B) ANY COMPUTER, DEVICE, WEBSITE, APPLICATION, OR TECHNOLOGY FAILURE OR MALFUNCTION, PRODUCT, SERVICE, CONNECTIVITY, TRANSMISSION, COMMUNICATION, OR PERFORMANCE INTERRUPTION, LOSS OF FILES, EMAILS, OR INFORMATION, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, OR TROJAN HORSES, THEFT OR DESTRUCTION OF PROPERTY, OR UNAUTHORIZED ACCESS TO THE PRODUCTS AND SERVICES, WHETHER OR NOT RESULTING FROM ACTS OF GOD OR OTHERWISE, (C) ANY USER CONTENT, THIRD PARTY CONTENT, OR LINKS TO THIRD PARTY WEBSITES, APPLICATIONS, OR TECHNOLOGIES, OR (D) ANY FORM OF DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND.
YOU AGREE THAT THESE LIMITATIONS OF LIABILITY APPLY WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE PARRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR ANY THIRD PARTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE SONARMD PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE PRODUCTS AND SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE SONARMD PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL THE SONARMD PARTIES BE LIABLE FOR THE DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION, INCLUDING WITHOUT LIMITATION PERSONAL DATA, BY HEALTHCARE PROVIDERS FROM WHOM YOU RECEIVE MEDICAL CARE OR CLINICAL SERVICES, OR FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A HEALTHCARE PROVIDER PROVIDING MEDICAL CARE OR CLINICAL SERVICES TO YOU.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
18. Release
To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal, and personal representatives, hereby release, waive, acquit, and forever discharge the SonarMD Parties from and against all claims you have or may have arising out of or in any way related to this TOS.
19. Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SONARMD AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, INCLUDING A CLASS ACTION WAIVER.
19.1. Binding Arbitration; Waiver of Trial by Jury
You and SonarMD agree to (a) waive your and SonarMD’s respective rights to have any and all disputes, claims, suits, actions, causes of action, demands, or proceedings (each and collectively, the “Disputes”) arising from or related to this TOS, the Products and Services, User Content, or any law, rule, or regulation, resolved in court, and (b) WAIVE YOUR AND SONARMD’S RIGHT TO TRIAL BY JURY IN ANY SUCH DISPUTE AND AGREE TO TAKE ANY AND ALL ACTION NECESSARY OR APPROPRIATE TO EFFECT SUCH WAIVER. Instead, you and SonarMD agree to arbitrate all Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court) as provided in this Section 19.
19.2. No Class Arbitrations, Class Actions, or Representative Actions
You and SonarMD agree that any Dispute arising from or related to this TOS, the Products and Services, User Content, or any law, rule, or regulation, is personal to you and SonarMD and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and SonarMD agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and SonarMD agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
19.3. Federal Arbitration Act
You and SonarMD agree that this TOS affects interstate commerce and that the enforceability of this Section 19 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
19.5. Statute of Limitations; Arbitration Process
YOU AND SONARMD AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR SONARMD WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND SONARMD WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and SonarMD agree that (a) any arbitration will occur in the State of Illinois County of Cook, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Illinois and the United States, respectively, sitting in the State of Illinois, County of Cook, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
19.6. Authority of Arbitrator
As limited by the FAA, this TOS, and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including without limitation the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this TOS. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
19.7. Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by this TOS, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
19.8. Severability
If any term, clause, or provision of this Section 19 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section 19 will remain valid and enforceable. Further, the waivers set forth in Sections 19.1 and 19.2 are severable from the other provisions of this TOS and will remain valid and enforceable, except as prohibited by applicable law.
20. Notice
SonarMD may furnish you with notices, including without limitation those with regards to any changes to the TOS or Disputes, including without limitation email, regular mail, MMS or SMS, text messaging, postings on the Products and Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspect of the TOS by accessing our Products and Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Products and Services in an authorized manner.
21. Governing Law; Waiver of Trial by Jury
This TOS and your use of the Products and Services are governed by, and are construed and enforced in accordance with, the laws of the State of Illinois without regard to conflict of law rules or principles (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. YOU AND SONARMD AGREE TO WAIVE YOUR AND SONARMD’S RIGHT TO TRIAL BY JURY IN ANY DISPUTE AND AGREE TO TAKE ANY AND ALL ACTION NECESSARY OR APPROPRIATE TO EFFECT SUCH WAIVER.
22. Termination
Notwithstanding anything contained in this TOS, we reserve the right, without notice and in our sole discretion, to terminate your right to use the Products and Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
23. Entire Agreement; No Transfer or Assignment; Severability and Waiver; Benefit
This TOS, and any other terms, conditions, and policies incorporated herein, constitute the entire agreement between you and SonarMD relating to your use of the Products and Services. These TOS, and any rights or licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of SonarMD. If any term, clause, or provision of this TOS is held invalid or unenforceable, then that term, clause, or provision will be severable from this TOS and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of this TOS. No waiver of any provision of this TOS will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and SonarMD’s failure to assert any right or provision under this TOS shall not constitute a waiver of such right or provision. Except as otherwise provided herein, this TOS are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
24. Reporting Complaints or Potential Vulnerability or Security Concerns
If you would like to report a concern about the Products and Services or if you would like to report a potential vulnerability or security concern, please email SonarMD at: [email protected].
Please provide your name and contact information with your report. As reports may include protected health information or other confidential data, all reports should be encrypted. Our PGP public key for encryption purposes can be found here. So that we may effectively review and respond to your report, please provide details of the concern or potential vulnerability or security concern. With respect to reports about a potential vulnerability or security concern, please make sure to include steps necessary to reproduce the issue, including any relevant logs and files (e.g., screenshots). Do not destroy or modify data or attempt to interrupt or degrade the Products and Services. Your report will be reviewed by SonarMD, and we will contact you if we need more information.
25. Changes to this Terms of Service
SonarMD reserves the right to change this TOS at any time. Accordingly, you are advised to review this TOS from time to time. Using any of SonarMD’s Products and Services after any change to this TOS constitutes your understanding and agreement to the change to this TOS. If you object to any change to this TOS, please immediately cease using any of the Products and Services.
Contact Information
SonarMD welcomes your questions or comments regarding this TOS.
Please contact SonarMD by email at: [email protected].
