SOULTAB LLC TERMS OF USE

TERMS OF USE

Welcome to the SoulTab LLC Service (defined below).By using our Service, you are agreeing to this Agreement and these Terms of Use (defined below). Please read them carefully.

These Terms of Use were last updated on October 28, 2021.

ACCEPTANCE OF TERMS OF USE

This Terms of Use Agreement (“Agreement”) is made by and between SoulTab LLC (hereinafter “SoulTab” “we” or “us” or “our”), a Domestic Limited Liability Company with jurisdiction in Illinois, and you, the user (“you”, “your” or “User”). SoulTab owns and operates the website www.mysoultab.com, the mobile and touch versions of such site, any sites we have now or in the future that reference this Agreement, and any other services provided by us, such as those listed in Section 1 “About the Service” (collectively, the “Service”)

This Agreement contains the terms and conditions that govern the use of the Service. Please read this Agreement carefully before accessing or using the Service.

In addition, certain areas of the Service may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with this Agreement, the additional terms will control.

The most current version of this Agreement can be reviewed by going to mysoultab.com/term-of-use.

You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Service shall constitute your acceptance thereof.

The Privacy Policy, together with this Agreement, and any other terms contained herein or incorporated herein by referenced, are collectively rereferred to as the “Terms of Use.” The term “using” also includes any person or entity that accesses or uses the Service with crawlers, robots, data mining, or extraction tools or any other functionality.

Please carefully read the provisions that specifically relate to your legal rights, remedies, and obligations. Please note: Section 31 of this Agreement contains an arbitration clause and class action waiver that applies to all claims brought against SoulTab and/or any of our affiliates, including our subsidiaries, in the United States. It affects how disputes with SoulTab and/or any of our affiliates, including our subsidiaries, are resolved. By accepting this Agreement and/or these Terms of Use, you agree to be bound by this arbitration clause and class action waiver. Additionally, some jurisdictions do not allow the disclaimer or warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Please read it carefully.

Please review the following sections of these terms of use carefully: (a) Disclaimer & limitation of liability, (b) Indemnity,and (c) Disputes.

By clicking the "i agree" button below or by accessing, visiting, browsing, using, or attempting to interact with or use any part of this service, or other SoulTab software, services, websites, content, previously defined as the "services", you agree that you have read, understand, and agree to be bound by this agreement. You also agree to our privacy policy, incorporated herein by reference and located at mysoultab.com.

If you do not agree to be bound by this agreement, do not access or use any part of this service.SoulTab reserves the right, with or without notice,to make changes to this agreement at SoulTab's sole discretion. Continued use of any part of this service or the services constitutes your acceptance of such changes.

The service does not provide medical advice. if you are experiencing a medical emergency, you should dial “911” immediately.

1. About the Service

The Service is an application that can be used through a tablet device, which helps the User manage their lives in a better way. Through the tablet device the User is able to connect with the world, their loved ones, and their families. The Service provides a number of tools and features to its Users including, but not limited to, access to video calling; news and weather updates; videos, audio clips, and reading material about spirituality and meditation; entertainment options including music, movies, and games; medicine and health management features; contacts of nearby grocery stores, banks, and restaurants; grocery and prescription delivery; referral services; physician appointments; social media applications such as Skype, Facebook, Instagram, and Twitter; and an email facility. We may also provide an online community for our Users to communicate and share information with other Users. The Service provides an easy-to-access platform to senior citizens for a wholesome solution at a single place. The Service also provides a platform for individuals seeking companion services, as outlined in more detail in Section 19, to communicate with and hire individuals who provide those companion services. These companion services are subject to the limitations outlined in Section 20 and all other limitations included in this Agreement.

2. Access to the Service

We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one or any part of the existing Services. Under no circumstances will SoulTab be liable for any suspension or discontinuation of any of the Services or portion thereof, and any use of new services will be governed by this Agreement. The Service is not intended for children under the age of 18 (or applicable age in your country or jurisdiction) and children under 18 (or applicable age in your country or jurisdiction) should not use the Service. As a condition of your use of the Service, you agree that you are at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established; you are able to create a binding legal obligation; and you are not barred from receiving products or services under applicable law. To access this Service, Service resources, links or other content, you may be asked to register an account, and provide certain registration details or other information. It is a condition of your use of this Service that all the information you provide will be correct, current, and complete. If SoulTab believes the information you provide is not correct, current, or complete, SoulTab has the right to deny access to this Service, or to any of its resources, and to terminate or suspend your access at any time. SoulTab retains the right, at our sole discretion, to deny service or use of the Service or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Service and your account accessible, the Service and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Service access, or access to your account due to circumstances both within our control and outside of our control.

Service Provider Terms and Conditions.

When you order services through SoulTab Concierge, and a ride or service is provided to you, you agree to be bound by and be obligated by the Terms and Conditions of the service provider used for your ride or service in effect on the date the ride is taken, and authorize SoulTab to accept those Terms and Conditions on your behalf. Such Service provider Terms and Conditions are incorporated herein as if set forth in full.

3. Applicable Use

You may use this Service only for purposes expressly permitted by this Agreement. As a condition of your use of SoulTab's Service, you warrant to SoulTab that you will not use the Service for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.

4. Health Care Disclosure.

The content, products and services offered herein are here to educate consumers on health care and medical issues that may affect their daily lives. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This Service does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. The information you provide on this Service is not covered by HIPAA protections. None of the products or services offered through this Service represents or warrants that any particular service or product is Page 3 safe, appropriate or effective for you. You acknowledge that although some content may be provided by healthcare professionals, the provision of such content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in choosing a doctor, dentist or other healthcare specialist, professional, provider, organization, or agents or affiliates thereof (collectively, “Healthcare Providers”) or otherwise be generally informative. This includes but is not limited to content, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, scheduling availability, guidance, and other materials provided, made available or otherwise found through the Services, including, without limitation, content provided in direct response to your questions or postings. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the website. Reliance on any information provided by SoulTab, others appearing on the Service at the invitation of SoulTab, or other visitors to the Service is solely at your own risk.

  • 5. Fees and Payment

    Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, unless expressly provided otherwise in writing by us.

    • 5.1. Fees

      We reserve the right to determine pricing for the Service and any products we offer for sale. We will make reasonable efforts to keep pricing information published on our website up to date. We encourage you to check our website periodically for current pricing information. We, in our sole discretion, may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to you or this Agreement.

      5.2 Authorization

      You authorize us to charge all applicable sums for any purchases that you make through the Service including all applicable taxes (e.g., goods and services tax, sales tax, city taxes, etc.), to the payment method specified in your account or that you otherwise indicate when you submit purchase order to us (the “Applicable Payment Method”). Additionally, if the Applicable Payment Method is a credit card, then: (a) we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase; and (b) you authorize us to place a hold on such credit card for sums sufficient to cover any applicable fees that you owe us under this Agreement.

      5.3. Cancellations

      We will charge all applicable sums for the subscription that you select through the Service at the time such subscriptions are selected. You may cancel a subscription at any time and will receive a refund of the remaining balance on the amount paid at the time of purchase, subject to the version of our cancellation policy posted on our website and effective at the time your subscription purchase was completed. Our cancellation policy is available online. The tablet device and stand is non-refundable upon return. However, should you receive an incomplete order, damaged or incorrect products, please notify our customer support immediately or within fourteen (14) business days of receiving the products, to ensure prompt resolution. Please note that SoulTab will not accept liability for such delivery issues if customer fails to notify us within fourteen (14) business days of receipt. YOU ACKNOWLEDGE AND AGREE THAT IF YOU MAKE A PURCHASE THROUGH A THIRD PARTY OR THIRD-PARTY WEBSITE, STRICTER CANCELLATION AND/OR REFUND POLICIES MAY APPLY. PLEASE REVIEW SUCH THIRD-PARTY POLICIES BEFORE SUBMITTING YOUR PAYMENT AND MAKE SURE YOU AGREE WITH THE APPLICABLE CANCELLATION AND/OR REFUND PERIOD.

6. No Co-Branding Or Framing

You may not use or authorize any party to co-brand or frame any SoulTab Service without the express prior written permission of an authorized representative of SoulTab in each instance. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Service or content accessible within this Service. For purposes of these Terms of Use, "framing" refers to displaying any SoulTab webpage or mobile application page within a bordered area of another website, regardless of whether the address of the originating SoulTab Service is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from SoulTab.

7. No Unlawful Access

You agree that you will not use SoulTab's Service in any manner that could in any way disable, overburden, damage, or impair the Service, or otherwise interfere with any other party's use and enjoyment of the Service. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Service. You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Service. You also acknowledge and agree that your use of the internet and access to the Service is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Service over the internet or other form of global communication network cannot be guaranteed. Accordingly, SoulTab is not responsible for the security of any information transmitted to or from the Service.

8. Personal and Non-Commercial Use Limitation

SoulTab's Service is for your personal and non-commercial use, unless otherwise specified in writing. You may not use any SoulTab Service for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of SoulTab in each instance, which permission will be at SoulTab’s sole and absolute discretion. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to SoulTab's Service, in whole or in part.

9. Service

  • 9.1. Limited License to the Service

    Subject to your complete and ongoing compliance with this Agreement, we grant you, solely for your personal and non-commercial use (except as expressly provided in this Section 9.1), a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

  • 9.2. Feedback License To Us

    If you choose to provide suggestions or any other input regarding problems with, proposed modifications or improvements to, or any other aspect of the Service (“Feedback”), then you hereby grant us an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, freely transferable and sublicensable (including through multiple tiers), royalty-free, and fully-paid right and license to exploit the Feedback in any manner and for any purpose with no obligation or accounting to you, including to improve the Service and create other products and services.

10. Prohibited Conduct

In connection with your use of the Service, you may not and you agree that you will not (except and solely to the extent such restriction is impermissible under applicable law):

  • 10.1. Usage Restrictions

    You agree not to use the Service for any commercial or other purpose that is not expressly permitted under this Agreement. You agree not to register for more than one SoulTab account or register for a SoulTab account on behalf of an individual other than yourself, except as expressly permitted under a Commercial Agreement between you and us.

11. Proprietary Information

All content found on the SoulTab Service (the "Content") is considered the copyrighted and trademarked intellectual property of SoulTab, or of the party that created and/or licensed the Content to SoulTab. No rights or title to any of the Content contained on any SoulTab Service shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, reverse engineer, reverse assemble, otherwise attempt to discover the source code, create derivative works of, transfer or sell any information, software, product or services obtained through the Service, or otherwise use the Content in any unauthorized way, without the prior written consent of SoulTab in each instance, except that you may print out and/or save one copy of the Content for your personal use only.

11. Submissions

You hereby grant to SoulTab a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to SoulTab through the Service (each, a "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that SoulTab will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future SoulTab operations or businesses.

12. Hyperlinking

This Service may be hyperlinked to and by other websites or mobile applications which are not maintained by or related to SoulTab. Hyperlinks to such sites or mobile applications are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with the Service or SoulTab. SoulTab has not reviewed any or all of such sites or mobile applications and is not responsible for the content of any linking sites, and any links made directly from a SoulTab Service to another web page should be accessed at the User's own risk. SoulTab makes no representations or warranties about the content, completeness, quality or accuracy of any such website or mobile applications, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Service.

13. Use of Communication Services

SoulTab's Service may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the internet community or with a group (collectively, "Communications Services"). Any information provided by SoulTab or a SoulTab agent should not be considered medical advice and is subject to the disclosure provided in Section 4. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. Information provided by Users through the Communication Services does not qualify as protected health information under The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and is not subject to such protections. Users are able to communicate with other users of the SoulTab Service and with family members outside the SoulTab community. Users can open third party applications from the tablet device and communicate through that third-party platform. You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Users are required to treat others with respect. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Service, or cause to be posted, sent, submitted, published or transmitted, any material that:

  • • You do not have the right to post, including without limitation personal information, pictures, videos or any other media of another person without their express permission, and any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
  • • Advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
  • • Is vulgar, obscene, pornographic, incendiary, or indecent;
  • • Threatens or abuses others;
  • • Is libelous or defamatory towards others;
  • • Is racist, bigoted, hateful, abusive, harassing, threatening or offensive;
  • • Seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
  • • Harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
  • • Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
  • • Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
  • • Advertises any commercial endeavor (e.g., offering for sale products or services), solicits funds, advertisers or sponsors for any purpose, or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Service;
  • • Violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
  • • Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
  • • Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this Service;
  • • Amounts to a pyramid or other like scheme, including without limitation spam, junk mail, contests, chain letters, and surveys;
  • • Disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Service and/or any networks connected to this Service;
  • • Registers, subscribes, or unsubscribes any party for any SoulTab product or service if you are not expressly authorized by such party to do so;
  • • Deletes or revises any material posted by any other person or entity; or
  • • Contains hyperlinks to other sites that contain content that falls within the scope of this Section.

You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither SoulTab nor any third party that provides Content to SoulTab will assume or have any liability for any action made by SoulTab or such third party with respect to any submission.

You acknowledge that the Service may or may not pre-screen materials uploaded to the Communication Service, yet the Service and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by the Service in its sole discretion.

SoulTab reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that SoulTab will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services

WHILE SOULTAB EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK, AND THAT SOULTAB SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, SOULTAB CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

15. Term, Right to Terminate Access, and Modification of the Service

This Agreement is effective when you accept it, or otherwise access or use the Service. SoulTab reserves the right to monitor use of the Service to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. SoulTab reserves the right to terminate your access to any or all of the Service at any time without notice for any reason whatsoever. You may terminate your account and this Agreement at any time by contacting SoulTab at support@mysoultab.com, and requesting that your account be deleted. Upon termination of this Agreement, all licenses given to you automatically terminate and you must immediately cease your use of the Service and you must pay us any unpaid amounts due and payment obligations accrued prior to termination. We will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

16. Disclosure Under Law

SoulTab reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

17. Personally Identifiable Information

SoulTab cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, SoulTab agrees that it will treat any personally identifying information that you submit through the Service in accordance with the terms outlined in its Privacy Policy at www.mysoultab.com, as well as in conformance with all applicable laws, rules, and regulations. BY ACCESSING THE SERVICE, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.

18. Commercial Transactions

Certain products or services may be offered for sale on the Service or through the Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by SoulTab or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing SoulTab with your credit card number and associated payment information, you agree that SoulTab and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. If SoulTab conducts a sweepstake, contest, or game on the Service, the rules governing any of the foregoing shall be accessible on the Service. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.

19 Companion Agreements

SoulTab provides a service that allows you to connect with a SoulTab independent contractor companion (“Companion”) to provide non-healthcare related services. A Companion does not provide medical assistance. Companion duties may include, but are not limited to, activities such as doing laundry, making meals, providing transportation, and assisting with errands (“Companion Services”). However, this type of care does not include physical assistance with activities like dressing, bathing, or toileting. SoulTab only provides a platform for enabling connections between you and Companions. SoulTab does not offer or provide these Companion Services, but enables independent contractor Companions to provide Companion Services to you. By engaging with a Companion and using Companion Services, you expressly waive any claim against us relating to the quality of any services you receive from a Companion, and understand that we are not responsible for the quality of any services you ultimately select.

20. Limitations of Companion Agreements

In addition to the limitations and terms provided in this Agreement, usage of Companion Services is subject to the terms provided in this Section 20.

We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license. We are not an employment agency, and we do not secure or procure employees for any User, nor do we secure or procure opportunities for employment for any Companions. You are responsible for compliance with all applicable employment and other laws in connection with any employment relationship you may establish with a Companion (such as applicable Fair Chance, payroll, tax and minimum wage laws).

We do not refer or recommend any individual Companion, nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Companions or the integrity, responsibility or actions of Companions whether in public, private or offline interactions. SoulTab does not fully evaluate any company, organization, or individual, or their respective offers, that are accessible through this website as a Companion. Any screening of a Companion and his, her or its information by SoulTab is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability as an employer or care provider. We make no express or implied warranty or representation, nor are we liable for any direct, indirect or consequential damage arising in connection with respect to any of the programs, services or products accessed through the SoulTab Service.

Any financial or other relationship entered into between you and any Companion that arose from information received or accessed through this website or mysoultab.com is solely between you and the Companion. You assume sole liability for any such agreements. We are not responsible for any transaction that may occur between you or your company and a Companion. Should you have a dispute with any Companion that you selected, you must address such dispute with the Companion directly, and by using this website you hereby agree to release SoulTab (and our employees, affiliated entities, if any, and their employees) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with such Companions.

21. Delivery Services

The Services comprise a technology platform that presents you with a set of one or more retailer (each a “Retailer”) virtual storefronts from which you can select goods for picking and packing by one or more personal shoppers and delivery to your location or, if available, for you to pick up in-store. Depending on the Retailer from whom you purchase goods through the Services, picking and packing, and delivery services may be performed by third parties, which may include Retailer personnel, independent contractors, and third-party logistics providers (collectively, “Third Party Providers”).

You acknowledge that services provided by Third Party Providers are provided by third-party independent contractors who are not employed by SoulTab. You acknowledge that SoulTab does not supervise, direct, or control the performance of services provided by Third Party Providers to you or for your benefit.

When you use the Services to place an order for goods, you authorize the purchase of those goods from the Retailers you select and, if you have selected delivery services, the delivery of those goods by Third Party Providers. Unless otherwise specified, you acknowledge and agree that SoulTab and the Third Party Provider are collectively acting as your agents in the ordering, picking, packing, and/or delivery of goods purchased by you and the Retailer—not the Third Party Provider and not SoulTab—is the seller of the goods to you. You agree that your purchase is being made from the Retailer you have selected, that Retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable Retailer’s store.

You agree that SoulTab or the applicable retailer will obtain a credit card authorization for your credit card on file with SoulTab to cover the cost of the goods you have purchased from the retailer and any separate SoulTab fees, and your card will be charged for the goods purchased by you and any applicable fees, taxes and/or tips.

SoulTab may change the fees it charges for the Services, including but not limited to delivery fees and service fees, and multiple forms of third-party fees such as alcohol service fees, delivery fees, service fees and heavy order fees. Your card will be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items or weight adjustments. Retailers set the prices of the goods on the Services, and some Retailers may set prices for goods on the Services that are different than in-store prices. You can view each Retailer’s pricing policies on their respective websites. Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.

You also acknowledge and agree that SoulTab does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. SoulTab reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged).

  • 21.1. Prescription Delivery.

    In certain geographic areas, you may order prescription drug products through SoulTab. You agree that SoulTab is not a pharmacy and that we make no referrals or recommendations as to which pharmacies you should use for prescription processing. You also agree that you are solely responsible for the selection of the pharmacy dispensing the prescription. SoulTab makes no warranties regarding the quality of the prescription drug products or the services provided by the pharmacy. If you have any issues with the processing of your prescription, you should contact the pharmacy directly.

    You agree that, upon delivery of prescription drug products by a Third Party Provider, the recipient may be requested to provide valid government-issued identification which may be scanned by the Third Party Provider proving their age to the Third Party Provider delivering the prescription drug products, that the recipient will indicate their relationship to you (if the recipient is not you), and that any prescription drug product ordered through the Services has not been purchased with the intent to resell the prescription drug product or provide the prescription drug product to someone other than to whom it is prescribed.

    You also agree that SoulTab does not provide any medical advice, diagnosis or treatment, and that that no pharmacy-patient relationship nor physician-patient relationship exists between SoulTab and you as a result of your use of the Services. We encourage you to consult with your healthcare professional or pharmacist regarding all health-related issues.

    By using the Services to order a prescription drug product for a child or other member of your household, you represent and warrant that it is your intention not to consume or use the medication but instead to transfer the medication to the ultimate consumer or user for their consumption.

  • 22. Appointment Scheduling Service

    SoulTab is not a healthcare provider. The content that you obtain or receive from SoulTab, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared via SoulTab, SoulTab social channels, SoulTab emails and text messages, and SoulTab advertising is for informational and communicative purposes only. While we make reasonable efforts to provide you with accurate content, we make no guarantees, representations or warranties, whether express or implied, with respect to any content (including but not limited to descriptions of professional qualifications, expertise, quality of work, price or cost information, insurance coverage or benefit information). In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. Furthermore, we do not in any way endorse, refer or recommend any individual or entity listed in content and/or accessible through the services.

    SoulTab is not a referral service and does not refer, recommend or endorse any particular Healthcare Provider, test, procedure, opinion, or other information that may appear through the Services. If you rely on any content, you do so solely at your own risk. We encourage you to independently confirm any content relevant to you with other sources, including the Healthcare Provider’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education.

    SoulTab encourages Healthcare Providers to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Healthcare Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Services whatsoever.

    WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS.

    IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, PHARMACY, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

  •  

23. Important Information About Healthcare Provider Relationships.

In connection with using the Services to schedule appointments with Healthcare Providers, you understand that:

  • 23.1. No Endorsement.

    You are responsible for choosing your own healthcare provider, including without limitation, determining whether the applicable healthcare provider is suitable for your healthcare needs based on specialty, experience, qualification, licenses and other important facts and circumstances that could impact your care. SoulTab (a) does not employ, refer, recommend, or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the services they may provide, (c) is not responsible for ensuring that information (including credentials) a Healthcare Provider provides about himself or herself is accurate or up-to-date, and (d) does not receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the Services (subject to Sponsored Results as described below).

  • 23.2.No Doctor Patient Relationship.

    DOCTORS, DENTISTS, NURSES, AND OTHER MEDICAL PROFESSIONALS MAY USE THE SERVICES TO SHARE CONTENT, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM SOULTAB INCLUDING, WITHOUT LIMITATION, SOULTAB EMAILS OR TEXT MESSAGE LINKS TO OTHER SITES, APPOINTMENT SCHEDULING, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND A HEALTHCARE PROVIDER IN ANY FIELD.

  • 23.3. Expenses.

    You are still responsible for your healthcare expenses. Any charges for any medical or related services rendered by Healthcare Providers will apply and will be entirely your responsibility. Ultimately, you must resolve any dispute between you or any Healthcare Provider arising from any transaction hereunder directly with the Healthcare Provider. In the event that you have a dispute with one or more other users or Healthcare Providers, you release SoulTab, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

24. Referral Service.

The SoulTab Platform is a technology platform that makes available certain information to individuals seeking to various personal services. Upon entering your information and the request for which you would like a Professional, we will attempt to match you with Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Professional or that there are Professionals in your area that are either capable or willing to complete your service needs. All personal services accessed using SoulTab are fulfilled using independently established service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Professionals”). Those certain services requested by you, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services." The Professional Services may include the delivery, installation and/or assembly of items obtained through the SoulTab Platform or from a third party ("Merchandise"), but shall not be deemed to include the Merchandise itself. SoulTab does not itself provide Merchandise.

SoulTab provides a software platform which allows you to obtain information about Professionals providing certain personal services. SoulTab is not the employer of any Professional and Professionals are not SoulTab’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner.

25. Referral Service Disclaimers.

  • 25.1. NO SCREENING.

    SOULTAB DOES NOT CHECK THE BACKGROUNDS OF ANY PROFESSIONALS. Each user should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states may require state-level licensing for services and projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license.

    SOULTAB CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONAL'S INFORMATION IS UP TO DATE. SOULTAB IS UNDER NO OBLIGATION TO COMPLETE OR PROVIDE A PROFESSIONAL'S BACKGROUND CHECK OR PROFILE. BY USING THE SOULTAB PLATFORM AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOU AGREE TO HOLD SOULTAB FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. SOULTAB IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.

  • 25.2. Referral Pricing.

    SoulTab does not guarantee or warrant the pricing or discounts that a Professional may offer you. Any quotes provided by Professionals for Professional Services that are requested through SoulTab are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via us. No contractual arrangement is created based upon the quotes provided to you from Professionals (or your scheduling of an appointment with a Professional) via us for Professional Services. To contract with a Professional, you must work directly with the Professional. We do not perform, and are not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. We are not a party to such agreements. All payments and applicable taxes must be made to the Professional in accordance with the agreements.

  • 25.3. Referral Limitation of Liability.

    Your use of the referral services subjects you to the terms included in this Section as well as all other provisions included in this Agreement. SoulTab does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Professional. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Professional, SoulTab is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Professional, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Professional exclusively and do not involve SoulTab. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Professionals. You agree that SoulTab is not responsible for the accessibility or unavailability of any Professionals or for your interactions and dealings with them, waive the right to bring or assert any claim against SoulTab relating to any interactions or dealings with any Professionals, and release SoulTab from any and all liability for or relating to any interactions or dealings with Professionals. Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Professionals found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that SoulTab shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Professionals on the SoulTab Sites and Services.

    YOU AGREE AND UNDERSTAND, THAT BY USING THE SOULTAB PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SOULTAB PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.

    NOTHING IN THIS AGREEMENT OR THE SOULTAB PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. BY USING THE SOULTAB PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS POLICY ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE SOULTAB PLATFORM.

  • 25.4 Merchandise Disclaimer.

    SOULTAB, THROUGH THE SOULTAB PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, OR OTHER PROVIDER OF PROFESSIONAL SERVICES, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO YOU, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. SOULTAB IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD-PARTY MERCHANDISE PROVIDER OR RETAILER.

26. Disclaimer & Limitations of Liability.

You understand that SoulTab cannot and does not guarantee or warrant that files available for downloading from the SoulTab Service will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s), mobile device(s), or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s), mobile device(s), and network(s), and that you will maintain adequate means of backup of your personal data, external to this Service. SoulTab further disclaims any responsibility to ensure that the Content located on its Service is necessarily complete and up-to-date.

YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. THE CONTENT, SERVICE, AND ALL MATERIALS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY. SOULTAB DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SOULTAB DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY SOULTAB SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOULTAB DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT, SERVICE, OR MATERIALS AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOULTAB PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SOULTAB PLATFORM OR THIS POLICY. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SOULTAB MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SERVICE OR ITS CONTENT. SOULTAB MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. WE DO NOT MAKE ANY WARRANTY REGARDING THE QUALITY OF ANY ASPECT OF THE SERVICE, OR MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE.

SOULTAB DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD PARTY PROVIDERS INCLUDING DRIVERS. THIRD PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF SOULTAB. SOULTAB DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. SOULTAB CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SOULTAB HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME RIDESHARE SERVICES MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF SOULTAB. SOULTAB SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF THE RIDE SHARE SERVICE, EVEN IF SOULTAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OF ANY THIRD PARTY.

YOU UNDERSTAND AND AGREE THAT SOULTAB, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY KNOWN OR UNKNOWN LOSS OR INJURY OR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, LOSS OR DESTRUCTION OF PERSONAL PROPERTY, OR SIMILAR DAMAGES, EVEN IF SOULTAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SOULTAB AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SOULTAB FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

27. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD SOULTAB, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SERVICE.

28. Trademarks and Copyrights

Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, "Intellectual Property") appearing on this Service are the property of SoulTab or the party that provided the Intellectual Property to SoulTab. SoulTab and any party that provides Intellectual Property to SoulTab retain all rights with respect to any of their respective Intellectual Property appearing in this Service and do not transfer at any time to user and/or any other third party.

29. Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SoulTab all of the written information specified below. Please note that this procedure is exclusively for notifying SoulTab and its affiliates that your copyrighted material has been infringed. Please include the following:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Service, including the current Website address;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
  • 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.

30. Security

If the Service requires you to open an account, you must complete the registration process by providing SoulTab with current, complete and accurate information, as prompted by the applicable form. Any passwords used for this Service are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, SoulTab may require that you change your password. You are prohibited from using any services or facilities provided in connection with this Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, SoulTab reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. SoulTab reserves the right to investigate suspected violations of these Terms of Use. SoulTab reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SoulTab to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

  • BY ACCEPTING THIS AGREEMENT OR USING THE SERVICE YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD SOULTAB HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SOULTAB DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SOULTAB OR LAW ENFORCEMENT AUTHORITIES.

31. Disputes

If there is any dispute about or involving these Terms of Use, the Service, and/or any Communications Services, you agree that any dispute shall be governed by the laws of the State of Illinois, notwithstanding any principles of conflicts of law. If for any reason a Dispute (defined below) proceeds in court, you specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Cook County, Illinois/Northern District of Illinois in connection with any dispute between you and SoulTab arising out of or involving this Agreement, the Service and/or any Communications Services. You agree to waive any right to a trial by jury. You and SoulTab agree that the Federal Arbitration Act, the relevant rules, applicable federal law, and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this agreement for dispute resolution under Section 31, and any Disputes.

  • 31.1 Binding Arbitration

    Except as specifically stated herein, any dispute or claim between you and SoulTab and/or its affiliates, members, officers, directors, and employees arising out of, relating in any way to, or in connection with the Terms of Use, the Service or your use of the Service, your personal information, or any other matter arising between you and SoulTab or any of its affiliates, or its subsidiaries (“Dispute(s)”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. The provisions of this Section 31 shall constitute your and SoulTab’s written agreement to arbitrate Disputes under the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association and conducted before a single arbitrator pursuant to its rules. The arbitrator will apply and by bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate.

  • 31.2 No Class Action Matters.

    We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.

32. Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Boulevard, Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service, or to receive further information regarding use of the Service.

33. International Use

The Service is intended for users located within the United States. We make no representation that the Service is appropriate or available for use outside of these countries or territories. Access to the Service from or in countries or territories or by individuals where or for whom such access is illegal is prohibited.

34. Miscellaneous

Please report any violations of this Agreement to SoulTab at support@mysoultab.com or by calling (866) 861-8497. If you have any questions regarding this Agreement, please contact us at support@mysoultab.com.

 
  • 34.1 If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

  • 34.2 You agree that no joint venture, partnership, employment, or agency relationship exists between you and SoulTab as a result of this Agreement or use of SoulTab’s Services.

  • 34.3 These Terms of Use, including, without limitation other terms incorporated by reference, constitute the entire agreement between you and SoulTab relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and SoulTab with respect to SoulTab's Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Service or any of its Services. SoulTab may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Service after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.

    • 34.4 The failure of SoulTab to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by SoulTab must be in writing and signed by an authorized representative of SoulTab.

    • 34.5 The section titles in the Agreement are for convenience only and have no legal or contractual effect.

      Please report any violations of this Agreement to SoulTab at support@mysoultab.com or by calling (866)-861-8497 If you have any questions regarding this Agreement, please contact us at support@mysoultab.com
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