These Terms of Use (these“Terms”)govern your access to and use of the Soma Health provider portal (the “Portal”)and related services (together with the Portal, the “Services”), which are provided by Soma Health, Inc. (“Soma”, “we”, “us” or “our”). They apply to you as a physician, nurse, medical assistant, other healthcare provider, or other person (“you” or “Provider”) who is employed or contracted by a health care entity (“Entity”) that has designated you as an authorized user of the Services.
These Terms constitute a binding legal agreement between you and us. Note that Section 16 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
By clicking “I Accept” or by accessing or using the Services, you agree to these Terms. If you do not agree with theseTerms, including the mandatory arbitration provision and class action waiver inSection 14, you are not authorized to access or use the Services for any purpose.
We operate this Portal on behalf of the Entity to facilitate the Entity’s delivery of treatment, payment, and related services to its patients. The Services enable you, as aProvider employed or contracted by the Entity, to access the Entity’s patients’ health information, conduct billing activities, and perform other treatment activities in connection with non-emergency health-related issues.
2.1. Your Responsibilities
You hereby represent, warrant, and covenant that: (a) you are a member of the Entity’s HIPAA workforce or are otherwise contracted by the Entity, the Entity has identified you as authorized to use and access the Services, and you are not using or accessing the Services on behalf of any other individual or entity, except with the prior express consent of Entity; (b) you will provide true and accurate information; you have obtained the informed consent from your patients to any diagnosis or treatment, to the extent such consent is required by any applicable law or agreement and (d) you will use the Services in accordance with applicable laws, including, but not limited to, the HealthInsurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”).
2.2. Your Account
To access the Services, you are required to create a Provider account (“Account”). To activate your Account, you are required to provide us with certain personally identifiable information so that we and the Entity may verify your identity and open your Account. You may also be required to input a unique invitation or registration code in order to create an Account. In addition, you will be required to create a unique username and password that you will use to log into your Account.
You are prohibited from sharing your Account username and password with other Providers or persons. It is your responsibility to prevent disclosure of your username and password, and to change your password if you feel that its security has been compromised. You may change your password at any time. We shall not be liable or responsible for any damages that result from your failure to keep your username and/or password secure. You are responsible for all activity in your Account. If you permit others to use your Account credentials, you are responsible for the activities of such users that occur in connection with your Account.
2.3. Qualifications.
You represent, warrant and covenant that, at the time of registration and on an ongoing basis, that you (i) satisfy all professional licensing requirements applicable to the professional services you are providing via the Services, (ii) hold all valid and current licenses required to provide such services, (iii) are in good standing with each licensure board or other authority issuing such licenses or otherwise having regulatory authority over you, and (iv) have not received any notice of cancellation, probation, suspension, revocation or non-renewal of any licenses required to provide such services. If and for so long as you fail to satisfy the provisions of this paragraph, you will cease all use of theServices. You will, at our request, cooperate with us in confirming your professional credentials and compliance with the foregoing representations and warranties.
2.4. Restrictions on Your Use of the Services.
You shall not: (a) knowingly provide any information that is untruthful or inaccurate; (b) impersonates, or misrepresents your affiliation with, any person or entity; (c) sublicense, assign, distribute, transfer or otherwise make available the Services or any features or functionality thereof, to any third party; (d) decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the Services; (e) use the Services in any manner that could interfere in any way with the operation of the Services or any server, network or system associated with the Services;(f) use any automated program, tool or process to access the Services or any server, network or system associated with the Services, or to extract, collect, harvest or gather content or information from the Services; (g) frame or otherwise create a browser or border environment around any page or content of the Services, or deep-link to any internal page or area of the Services; or (g) make any other use of theServices that violates these Terms or any applicable law.
Federal and State law govern the confidentiality of medical information. Please read our privacy policy [see our privacy policy] for information about how Soma collects, uses, and discloses information through the Services. We reserve the right to modify our privacy policy from time to time.
By creating an Account, you may receive electronic communications from us or the Entity that include transactional and relationship content. We may deliver these messages via email, depending on your communications preferences and consent. We may also deliver these messages by posting notices to the Services. You agree that any transactional or relationship notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
Our Services may allow you to upload, store and sharecontent, including messages, text, photos, and other materials (collectively,"User Content"). Except for the license you grant below, asbetween you and Soma, you retain all rights in and to your User Content.
You hereby grant Soma a nonexclusive, royalty-free,worldwide, fully-paid, and sub-licensable license to use, reproduce, modify,adapt, publish, translate, create derivative works from, distribute, anddisplay your User Content in all media formats and channels now known or laterdeveloped without compensation to you.
If you supply or transmit any User Content via theServices, you represent and warrant to us that you have the legal rightnecessary to grant us the license described above, and that such material willnot violate any law or the rights of any person or entity (including withoutlimitation copyright, trademark, patent, trade secret, or other intellectualproperty right, or moral right or right of publicity).
Any User Content uploaded or sent privately to a Provideris the sole responsibility of the person that submitted it. Although Soma reservesthe right to review or remove all User Content on the Services, we do notnecessarily review all of it. As such, we do not take responsibility for anyUser Content provided through the Services.
We may change the Services, and the Soma Content (defined below) at any time. We may discontinue offering our Services, and we may suspend or terminate your right to use our Services at any time, in the event that you breach these Terms, for any other reason, or for no reason at all, in our sole discretion, and without prior notice to you.
All licenses and other rights granted to you by theseTerms will immediately terminate upon termination of your right to use ourServices or our termination of the Services. These Terms will survive and continue to apply after any suspension, termination, or cancellation, except that your access rights and other rights as a user will be suspended, terminated or cancelled, respectively.
The Services, and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Soma Content”)are owned by or licensed to Soma and are protected under both United States and foreign laws. All trademarks, trade names and logos appearing on or through theServices are owned by us or licensed by us. Except as explicitly stated in these Terms, Soma and our licensors reserve all rights in and to our Services and the Soma Content.
Soma hereby grants you a limited, non exclusive, nontransferable, non-sub licensable, revocable license to access and use ourServices and the Soma Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell our Services and the Soma Content; (b) copy, reproduce, distribute, publicly perform or publicly display Soma Content, except as expressly permitted by us or our licensors; (c) modify the Soma Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services and the SomaContent; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services and the Soma Content other than for their intended purposes. Except for this limited license granted to you, we reserve all other rights. This license may be revoked and terminated by us at any time and for any reason. Any use of our Services and the Soma Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
The Services may include links to third-party websites, resources and advertisements (collectively, “Third Party Sites”). We are not responsible or liable for the availability or accuracy of, and Soma does not endorse, sponsor, or recommend any Third Party Sites or the content, products, or services on or available from such Third Party Sites. Your use ofThird Party Sites is at your own risk, and Soma and its affiliates will not be liable for any of losses arising out of or relating to Third Party Sites.
Soma may from time to time, in its sole discretion (without obligation),develop and provide updates for our Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features (together with Soma Health’s updates, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Soma has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Portions of the software may not properly operate if you do not install allUpdates, so we encourage you to promptly install all Updates. To that end, based on your mobile device settings, with respect to an app, when your mobile device is connected to the Internet, either (i) the Updates will automatically download and install or (b) you may receive notice of or be prompted to download and install available Updates. For clarity, all Updates are part of the Services and subject to these Terms.
While we enable Providers to communicate with patients, we are not responsible for monitoring such information and communications, and we are not a party to transactions or interactions that may occur betweenProviders and patients, whether online or offline. In addition, we are not responsible for and we expressly disclaim all liability that may result from information made available by Providers and patients and the conduct ofProviders and patients, whether online or offline.
Your use of the Services and Soma Content is at your sole discretion and risk. The Services and Soma Content, are provided on an “as is”and “as available” basis without warranties of any kind.
Soma and its licensors and affiliates expressly disclaim all warranties of any kind, express, implied, or statutory, relating to theServices and Soma Content, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing, or course of performance.
We do not control, endorse or take responsibility for anyUser Content on our Services or content on Third Party Sites linked to by ourServices. Soma specifically disclaims any warranty, representation or guarantee with respect to the quality, safety, legality or other characteristics of such products and services, or with respect to the conduct of any Provider in connection with such services.
We make no representations concerning, and do not guarantee, (a) the security, accuracy, reliability, timeliness and performance of the Services, including, but not limited to, any Soma Content or its applicability to your individual circumstances, or (b) that the Services will be error free or that any errors will be corrected. Our Services and Soma Content are developed for use in the United States and Soma and its licensors and affiliates make no representation or warranty concerning the Services or Soma Content when they are used in any other country.
No advice or information provided to you by Soma will create any warranty that is not expressly stated in these Terms. Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions will apply to the fullest extent permitted under applicable law.
In no event will Soma, Soma’s licensors, affiliates, and our respective owners, directors, officers, employees, contractors, agents and representatives, (collectively, “Soma Parties”) be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of data or lost profits, whether in an action in contract, tort (including but not limited to negligence) or otherwise, including but not limited to any damages caused by or resulting from reliance on information obtained through the Services or from the conduct of you or anyone else (including but not limited to bodily injury, death or property damage), whether online or offline, arising out of or in connection with your use of the Services, or the Soma Content, whether the damages are foreseeable and whether or not Soma has been advised of the possibility of such damages in advance.
To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of the Soma Parties (jointly)arising out of or in any way related to access or use of the Services or Soma Content, exceed the greater of $100 or the amount you paid to us in the three (3) 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 Soma Parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory.
Soma is not liable to any person or user for any harm caused by the negligence, misconduct or any other acts or omissions of aProvider providing health care services.
Some jurisdictions do not permit us to limit our liability in these ways, so it is possible that these limitations will not apply to our agreement with you. In such event, the limitations will apply to the fullest extent permitted under applicable law.
You will indemnify, defend, and hold harmless the Soma Parties from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to (i) your access to or use of the Services or the Soma Content, (ii) your User Content, (iii) your violation of any of the provisions of these Terms and (iv) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. Soma reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
To the fullest extent permitted by applicable law, you release Soma and the other Soma Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence),arising out of or related to disputes between users and the acts or omissions of third parties. If you are a California resident, you hereby waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with Soma and limits the manner in which you can seek relief from us.
14.1. BindingArbitration.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Soma agree (a) to waive your and Soma’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services, resolved in a court, and (b) to waive your and Soma’s respective rights to a jury trial. Instead, you and Soma agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing theDispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
14.2. No ClassArbitrations, Class Actions or Representative Actions
You and Soma agree that any Dispute arising out of or related to these Terms or the Services is personal to you and Soma, 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 Soma 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 Soma agree that aDispute 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. The arbitrator does not have the power to vary these class action waiver provisions.
14.3. FederalArbitration Act
You and Soma agree that these Terms affect interstate commerce and that the enforceability of thisSection 14 shall be both substantively and procedurally governed by and construed and enforced in accordance with theFederal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
14.4. Notice; Informal Dispute Resolution
You and Soma agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Soma shall be sent by certified mail or courier to 17 Van Nostrand Avenue, Englewood, New Jersey07631. Your notice must include (a) your name, postal address, telephone number and/or mobile phone number, the email address you use or used for your account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c)the specific relief that you are seeking.
Our notice to you will be sent electronically in accordance with Section 4, and will include(x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking.
If you and Soma cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Soma may, as appropriate and in accordance with this Section 14, commence an arbitration proceeding or, to the extent specifically provided for in Section 14.1, file a claim in court.
14.5. Process
Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Soma agree that any dispute must be commenced or filed by you or Soma within one(1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Soma will no longer have the right to assert such claim regarding the dispute).
You and Soma agree that(a) any arbitration will occur (i) in the Bergen County of New Jersey, (ii) in the county where you reside, or (iii) telephonically, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the AmericanArbitration Association’s (“AAA”) Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth herein (“AAA Rules”), which are here by incorporated by reference, and (c) that the seat of the arbitration shall be Hackensack,New Jersey and that state or federal courts of the state of New Jersey and theUnited States, respectively, sitting in the Bergen County of New Jersey, have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards.
The parties shall attempt to agree on the single arbitrator to be appointed to resolve the dispute. If the parties are unable to reach agreement within 30 days after commencement of the arbitration with the AAA, the arbitrator selection process identified in the AAA Consumer ArbitrationRules shall apply.
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.
Each party shall be responsible for its costs incurred in such arbitration, but the arbitrator shall not have the authority to re-allocate those costs in an award or otherwise. If you cannot afford to pay for the arbitration, you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. As part of the arbitration, both you and Soma will have the opportunity to reasonable discovery of non-privileged information that is relevant and material to the Dispute, including the ability to request from each other, and third parties, documents, information and testimony that is relevant and material to the Dispute.
14.6. Authority ofArbitrator
As limited by the FAA, these Terms and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including 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 these Terms. 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. Notwithstanding any other provision of this Section 14, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this Section 14, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.
14.7. Rules of AAA
The AAA Rules and additional information about the AAA are available on the AAA website. By agreeing to be bound by these Terms, you either (a)acknowledge and agree that you have read and understand the AAA Rules, or (b)waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.
14.8. Severability
If any term, clause or provision of this Section 14 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 14 will remain valid and enforceable. Further, the waivers set forth in Section 14.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
14.9. Opt-OutRight
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by writing to: 17 Van Nostrand Avenue,Englewood, New Jersey 07631. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolveDisputes in accordance with Section 15.
These Terms and our relationship with you will be governed by the laws of the state of New Jersey, excluding its choice of laws rules. You and Soma each irrevocably agrees that any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved on an individual basis exclusively in the state or federal courts located in the Bergen County of the state of New Jersey. You and Soma each irrevocably consents to the personal jurisdiction of these courts and waives any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and Soma agree that Soma may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Use of the Services is intended solely for residents of the United States. TheServices may contain content, services, or information otherwise not accessible or valid in your country. Access to the Services from outside the United States is at your own risk, and Soma does not take responsibility for your use of the Services. Any offer for any service made on the Services is void where prohibited by law.
The Services may contain typographical errors or other inaccuracies and may not be complete or current. Soma reserves the right, but does not have the obligation, to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. Soma may refuse to provide Services that are based on inaccurate or erroneous information on the Services, including, without limitation, incorrect orout-of-date information regarding pricing, payment terms, or for any other lawful reason.
These Terms, along with any additional terms and conditions incorporated herein, constitute the entire agreement between you and us relating to our Services and the Soma Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Services or the SomaContent. If there is any conflict between the Terms and a separate signed written agreement between you and us relating to our Services or the Soma Content, the signed written agreement will control.
You acknowledge that you are an independent contractor, and that no agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms or any relationship between you and Soma. As between you and us, you shall be responsible for the supervision, direction, control, compensation, benefits, and withholdings of all of your employees.
We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Services. Your continued use of our Services will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the top of these Terms.
The failure by you or us to enforce any provision of theTerms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of the Terms is invalid or unenforceable, then the invalid or unenforceable provision will be removed from the Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of the Terms will continue to be valid and enforceable. Nothing contained in these Terms will limit the ability of a party to seek an injunction or other equitable relief without posting any bond. The titles of the Sections of these Terms are for convenience only and will have no legal or contractual effect.
If you have any questions concerning our Terms, please contact us at:
support@somahealth.com
or by postal mail sent to
Soma Health, Inc
17 Van Nostrand Avenue,
Englewood,
New Jersey 07631.
APPLE DEVICE ADDITIONAL TERMS
If you access the Apps via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an“AppleDevice”), the following terms (“AppleDevice Additional Terms”) are hereby made part of these Terms:
● Conflicting Terms. If these Apple Device Additional Terms conflict with any other provision of these Terms, then the Apple DeviceAdditional Terms shall control with respect to access and use of the Services via an Apple Device.
● Agreement with Soma, Not Apple. You acknowledge that these Terms are an agreement between Soma and you, and not with Apple. Soma, not Apple, is solely responsible for any App you access via your Apple Device (“iOS App”) and the content thereof.If these Terms are less restrictive with respect to an iOS App or otherwise conflict with, the Apple App Store Terms of Service (the “App Store Terms of Service”),the App Store Terms of Service shall apply to the extent of any conflict.
● Scope of License. The license granted to use an iOS App is limited to a non-transferable license to use the App on an Apple Device that you own or control and as permitted by the usage rules set forth in the AppStore Terms of Service.
● Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iOS App. If Soma decides (in its sole discretion) to provide support and maintenance services for an iOS App, Soma is solely responsible for providing such services.
● Warranty. In the event of any failure of the an iOS App to conform to any applicable warranty provided by Soma in these Terms, you may notify Apple and Apple will refund the purchase price for the iOS App (if any) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is Soma’s sole responsibility. Notwithstanding the foregoing, Soma is not obligated to provide any warranty with respect to an iOS App and you acknowledge and agree that this paragraph will not have any effect on the warranty disclaimers provided in these Terms.
● Product Claims. You hereby acknowledge that Soma, not Apple, is responsible for addressing your or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Note that, pursuant to the limitation of liability provision set forth in these Terms, these Terms will not limit Soma’s liability beyond what is permitted by applicable law.
● Intellectual Property Rights. You acknowledge that, in the event of any third party claim that an iOS or your possession and use (in accordance with these Terms) of an iOS App infringes that third party’s intellectual property rights, Soma, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
● Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
● Third Party Beneficiary. You hereby acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to any iOS App, and that, upon your acceptance of these Terms, Apple has the right (and deemed to have accepted the right) to enforce the Terms against you with respect to the iOS App as a third party beneficiary thereof.
● Questions or Complaints. Please address your questions, complaints or claims with respect to an iOS App to Soma atcontact@somahealth.com. Soma’s principal offices are located at 17 Van Nostrand Avenue, Englewood, New Jersey 07631.