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TERMS OF SERVICE FOR RESOUNDING HEALTH

This document is Resounding Health’s Terms of Service Agreement (“Terms of Service”), and is a legal agreement between you and Resounding Health, Inc. (“Resounding Health”).  Sometimes Resounding Health is referred to as “we,” “us,” or “our.”  These Terms of Service apply to all services, products, and websites, including ResoundingHealth.com, offered by Resounding Health and its subsidiaries.  Resounding Health may change these Terms of Service at any time by posting the amended terms on its websites.  Accordingly, we recommend that you consult this page each time you use our websites.

ResoundingHealth.com is a medical search engine that brings together the power of the community with advanced search algorithms based on in-depth medical knowledge.  You have been granted access to the information contained on this website in order to enable you to research, discuss, and learn about various medical conditions, diseases, medications, and other health-related queries.  Your use of Resounding Health’s services constitutes your agreement to the following Terms of Service. Hence, if you do not agree to these Terms of Service, please do not use ResoundingHealth.com’s services.

If you have questions about your privacy as a visitor or registered user on Resounding Health’s websites or our use of your personally identifiable information, please review our Privacy Policy at [link].

1.                  Research and Conduct – Your Agreements

a.                   You agree to use the websites and their Content solely in accordance with the Terms of Service.  By using the websites, you are confirming that you have read and understand, and agree to be bound by, the Terms of Service. If you do not agree to the Terms of Service, you may not use the websites.

b.                  Resounding Health makes our websites available to you solely for personal, non-commercial use, and you agree not to use these websites or any Content or information on them for any commercial purpose.

c.                   You agree to use the websites and their Content solely in accordance with the Terms of Service.  By using the websites, you are confirming that you have read and understand, and agree to be bound by, the Terms of Service.  If you do not agree to the Terms of Service, you may not use the websites.

d.                  You agree not to conduct automated queries of any kind, or use scripts or software to access our websites or our search engine data.  You agree not to modify Resounding Health’s services in any way and only to access the Content and services through the interfaces and tools provided.

e.                   You further agree you will not use the information on our websites to engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any governmental regulations.

2.                  Intellectual Property Rights & General Use

a.                   As between you and Resounding Health, the website Content and all Intellectual Property Rights therein are owned by Resounding Health.  “Content” means all features and information included on Resounding Health’s websites, including, without limitation, text, software, scripts, search algorithms, the Medical Ontology Engine, graphics, photographs, sounds, music, videos, and interactive features.  You must not distribute, modify, reverse engineer, or create derivative works of any Content in any manner not expressly permitted by these Terms of Service, and you must not remove or modify any copyright or trademark notice or other notice of ownership.  Resounding Health grants you permission to download, print, and store Content retrieved through the websites for your own personal non-commercial use.  As between you and Resounding Health, Resounding Health retains exclusive ownership of the Content and the ideas embodied therein, and if as a consumer you make any modification of the Content in violation of these Terms of Service you will, and hereby do, assign to Resounding Health all of your rights, title, and interest in and to such modifications and all Intellectual Property Rights therein.  You acknowledge that the search algorithms and Medical Ontology Engine used on and by Resounding Health constitute proprietary trade secrets.  “Intellectual Property Rights” means all intellectual property rights of any kind or nature however denominated throughout the world, including without limitation all copyrights, patents, patent applications, trade secrets, inventions, proprietary know-how, registered and unregistered trademarks, service marks, and trade names, rights of privacy and publicity, moral rights, and database rights.

b.                  All rights not explicitly granted to you in these Terms of Service will remain with Resounding Health.  Unless explicitly stated herein, nothing in these Terms of Service will be construed as conferring any license to any Intellectual Property Rights of Resounding Health, whether by estoppel, implication, or otherwise.

3.                  User-Generated Content & Public Forums

The following section applies to the features of Resounding Health’s websites that allow you to post data (“User-Generated Content”) or engage in conversation with other registered users via the websites’ forums (“Public Forums”), including without limitation Casebook notes, responses to forum discussions, and any other comments or contributions posted to our websites.

a.                   Resounding Health is not obligated to prescreen User-Generated Content or comments posted on Public Forums.  We retain the right, but not the responsibility, to edit or remove any User-Generated Content or Public Forum posts or terminate your account for any reason at our sole discretion. If you view or participate in a Public Forum, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications accessed there. Resounding Health is not responsible for the consequences of any communication that takes place in a Public Forum. If you feel threatened or believe another individual is in danger, you should contact your local law enforcement agency.  If you think you may have a medical emergency, please contact your doctor or call 911 immediately.

b.                  “Casebooks” are collections of health-related information, materials, search results, comments, and annotations pertaining to a particular health-related topic, created by Resounding Health or its registered users.  ResoundingHealth.com enables users to compile, store, organize, print, and make available to others information saved as a Casebook through our websites.  By creating and saving a Casebook, you grant Resounding Health a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license (with the right to sublicense through multiple tiers of sublicensees) to reproduce, distribute, publicly perform and display, transmit, modify, adapt, and otherwise exploit the Casebooks you create, as well as any notes, comments, or text that you add to a Casebook, communicate to a group, or otherwise contribute to the Resounding Health website for any purpose and in any media now known or hereafter developed, including without limitation for the purpose of displaying, improving, distributing and promoting the websites. You hereby represent and warrant to Resounding Health that (1) you are the owner of any notes, comments, or text that you contribute to a Casebook, communicate to a group, or otherwise add to  the Resounding Health websites, and (2) that any such material does not, and will not, violate any third party rights of any kind.

            Casebooks may be public or private.  When a user creates a new Casebook, it will be classified as private by default. The links, notes, and other text contained in a private Casebook may be viewed by the user who created it and by Resounding Health, but not by other website registrants or visitors.  Users may also opt to “publish” the casebook, making it accessible to others.  A Casebook creator may publish Casebooks anonymously or select “Show Author” to reveal his or her registered username to anyone who views the Casebook or whose search results contain the Casebook.  Although revealing your username when you publish your Casebooks will not expose your real name, e-mail address, or other personally identifiable information to others who access your Casebooks, please be aware that no security measures are perfect or impenetrable.  We are not responsible for the circumvention of privacy settings or security measures contained on our websites.

            You acknowledge and agree that Resounding Health has no obligation to review users’ Casebooks, that Resounding Health is not in any manner responsible for Casebooks’ content, that Resounding Health does not guarantee the accuracy, integrity, or quality of user-created Casebooks or users’ notes, ratings, and comments, and that we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable content will not appear on the our websites. You also acknowledge that by providing you with the ability to access, view, create, and modify your Casebooks, Resounding Health is merely acting as a passive conduit and is not undertaking any obligation or liability relating to any Casebooks or the comments or activities of website registrants or visitors. Resounding Health reserves the right to reject, remove, or modify Casebooks or portions of Casebooks at its sole discretion.

4.                  Rules of Behavior on Resounding Health Websites

In consideration of being allowed to use the Resounding Health websites, including to use, create, and access Casebooks and participate in Public Forums, you agree to refrain from certain behaviors. Taking any of the following actions shall constitute a material breach of these Terms of Service:

·         Using a Public Forum for any purpose in violation of local, state, national, or international laws or applicable regulations;

·         Posting material that infringes on the Intellectual Property Rights of others or on the privacy or publicity rights of others;

·         Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, or embarrassing to another person or entity;

·         Using a Public Forum or Casebook to advertise or solicit business, post chain letters or pyramid schemes, or distribute viruses or other harmful computer code;

·         Impersonating another individual, e.g., by using his or her full name or username or intentionally adopting a username that is deceivingly similar to another individual’s full name or username, or otherwise;

·         Harvesting or collecting information about other registered users, including but not limited to their e-mail addresses or specific health issues researched, without their consent;

·         Allowing any other person or entity to use your account or username to post or view Public Forum comments or edit Casebooks;

·         Posting the same comment more than once, or “spamming”;

·         Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Forums, Casebooks, or any services or features of the websites; or

·         Engaging in any conduct not specified above which, in the judgment of Resounding Health, may expose Resounding Health or any of its customers or suppliers to any liability or detriment of any type or is otherwise inappropriate.

Resounding Health is not obligated, but reserves the right, to do any or all of the following:

·         Electronically record or save any or all dialogue that takes place in Public Forums;

·         Investigate an allegation that a particular communication does not conform to the terms of this section and determine in our sole discretion to remove or request the removal of the communication;

·         Remove communications that are in our judgment abusive, illegal, disruptive, or otherwise fail to conform with these Terms of Service;

·         Terminate users’ access to any or all Public Forums, Casebooks, or websites upon their breach of any of these Terms of Service;

·         Monitor, edit, or disclose any comments posted in a Public Forum; or

·         Edit or delete any communications posted on the websites’ Public Forums, regardless of whether such communications violate these Terms of Service.

5.                  Third Party Materials

“Linked Materials” are materials available on other websites that you reach by following a link or a series of links originating on Resounding Health’s website.  The presence of the Resounding Health icon [insert image] in the upper left corner of your screen denotes that you are viewing Linked Materials.  If the icon features a rotating halo [insert image], the Linked Materials have also been visited and bookmarked by other registered Resounding Health users.  Information contained on any Resounding Health toolbar or pop-up, including but not limited to the ratings, notes, characterizations, and traffic of other users, is proprietary information that belongs to Resounding Health.  All other content accessed via Linked Materials belongs to the respective owners of those websites and is governed by the policies and terms of those websites. Search results are generated automatically by Resounding Health’s search algorithm. As a result, Linked Materials may include websites that are out-of-date, inaccurate, unavailable, inappropriate, or offensive. Resounding Health is not liable for the availability or accuracy of Linked Materials or the content of those third-party resources, and hereby disclaims any and all liability relating to such websites. Endorsements of Linked Materials come from other users, not from Resounding Health. You acknowledge sole responsibility for and assume all risk arising from your use of Linked Materials.

6.                  Confidential and Proprietary Information

Our websites may disclose information, materials, and data that Resounding Health considers confidential or proprietary.  Such information, materials, and data include but are not limited to the websites’ searchable Content (the “Confidential and Proprietary Information”).  “Confidential and Proprietary Information” does not include any information that you can show through documentary evidence (i) was generally available to the public from a source other than Resounding Health; (ii) becomes known to you through a third party under no obligation of confidentiality; or (iii) is required to be disclosed by court or government order or by law.  As a consumer you agree that you will maintain the Confidential and Proprietary Information as confidential and will not copy, disclose to third parties, nor use the Confidential and Proprietary Information for any purpose other than as explicitly allowed in these Terms of Service.

7.                  Indemnity

You agree to indemnify, defend and hold each of Resounding Health and an agent appointed by Resounding Health to pursue and enforce its rights and to undertake and fulfill its obligations under these Terms of Service (“Agent”) and their respective affiliates and the respective directors, officers, employees, successors and agents of Resounding Health and Agent and their respective affiliates (collectively, “Indemnitee(s)”) harmless from and against any and all liabilities, damages, demands, claims, causes of action, fines, or penalties (including, without limitation, court costs and reasonable attorneys’ fees) arising out of or related to (1) your failure to fulfill any of your obligations under these Terms of Service, (2) any information (including without limitation your Casebook) or other contributions to the websites you (or anyone using your account) submit, post, contribute, or otherwise transmit through the websites, or (3) your (or anyone using your account’s) violation of the rights of any other person or entity, including without limitation any right of publicity or privacy or any Intellectual Property Right.

8.                  Disclaimer of Warranties

a.                   Educational Use Only

THESE WEBSITES AND THEIR SERVICES ARE FOR PERSONAL EDUCATIONAL USE ONLY.  THE INFORMATION PROVIDED BY RESOUNDING HEALTH DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES.  THE CONTENT SHOULD NOT BE USED FOR SELF-DIAGNOSIS, DIAGNOSIS OF OTHERS, OR AS A SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR OTHER MEDICAL HEALTH PROFESSIONAL. YOU SHOULD SEEK ADVICE FROM A QUALIFIED HEALTH CARE PROVIDER REGARDING ANY MEDICAL CONDITIONS. RESOUNDING HEALTH DOES NOT ENDORSE, RECOMMEND, EVALUATE, OR GUARANTEE ANY SPECIFIC DEVICES, DIAGNOSES, PROCEDURES, TECHNIQUES, MEDICAL THEORIES, COURSES OF TREATMENT, OR OTHER INFORMATION APPEARING IN THE SEARCH RESULTS, LINKED MATERIALS, OR WEBSITE CONTENT. YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THESE WEBSITES.

b.                  Disclaimer of Warranties

TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, THE CONTENT OF THESE WEBSITES, THE SERVICES PROVIDED, AND THE SERVERS THAT MAKE IT AVAILABLE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY NATURE OR KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.  RESOUNDING HEALTH EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES, INCLUDING HARDWARE OR SOFTWARE FAILURES; INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS; TECHNICAL INACCURACIES; UNAUTHORIZED ACCESS; AND TRANSMISSION OF PERSONAL INFORMATION BY THIRD PARTIES.

TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, RESOUNDING HEALTH, ITS CONSULTANTS, DIRECTORS, AND EMPLOYEES DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES AND CONTENT PROVIDED BY OR LINKED TO RESOUNDING HEALTH’S WEBSITES AND NO WARRANTIES ARE BEING MADE.  THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RESOUNDING HEALTH DOES NOT WARRANT THAT OUR WEBSITES’ CONTENT IS ACCURATE, COMPLETE, OR CURRENT; THAT IT WILL CORRECT DEFECTS; THAT ITS SERVICE WILL OPERATE WITHOUT ERROR; OR THAT THE WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE.  RESOUNDING HEALTH, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.

9.                  Limitation of Liability

In no event shall Resounding Health, its licensors, its suppliers, or any third parties mentioned on the websites be liable for any damages, including, without limitation, indirect, incidental and consequential damages, personal injury, wrongful death, lost profits, or damages resulting from your use of the websites or lost data or business interruption, resulting from the use of or inability to use the websites, their services or Public Forums, or any User-Generated Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Resounding Health is advised of the possibility of such damages. Resounding Health shall be liable only to the extent of actual, direct damages incurred by you, not to exceed $1,000.00 USD. Resounding Health is not liable for personal injury or death caused by the use or misuse of the websites, their services or Public Forums, or any User-Generated Content. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Service must be filed within one (1) year after such claim or cause of action arises, or it will be barred forever. To the extent that any jurisdiction does not allow the exclusion or limitation of indirect, incidental, or consequential damages, portions of the above limitation or exclusion may not apply.  Resounding Health does not seek to exclude or restrict its liability for personal injury arising from its negligence.

10.              Linking to us

You are welcome to provide a link on your website to ResoundingHealth.com. Unless you are referring to a specific document on the website, we recommend that your links direct users to the homepages of our websites to prevent linking to outdated pages or materials. Our Content changes constantly, and we cannot guarantee that all low-level links will remain permanently active.

You may not incorporate or otherwise use our logo as part of a hyperlink on your website without our prior written permission. You may not frame our Content or employ any other method that causes the Content to appear to be part of your website or part of any website or service other than Resounding Health’s without our permission. Do not link to Resounding Health from any website that engages in illegal, obscene, or offensive behavior or includes any such content, or from any website that disparages us or may have a negative impact on our reputation. We reserve the right to require that you discontinue any links you maintain to our websites at any time, in which case you must immediately remove the link(s) from your website.

If you provide a link to any Resounding Health websites, you acknowledge that we disclaim all express and implied warranties regarding ResoundingHealth.com and its Content, including but not limited to warranties of title and non-infringement or warranties that arise from course of dealing, and agree that in no event shall Resounding Health be liable to you under any theory of liability, including for any direct, indirect, incidental, special, consequential, punitive, loss of profits, exemplary or other damages based upon or relating to your linking to any Resounding Health websites.

11.              Digital Millennium Copyright Act Compliance & Designated Agent

Resounding Health respects the Intellectual Property Rights of others. Upon proper notice, we will remove any Casebook, User-Generated Content, Public Forum post, or other applicable content that violates copyright law and we will terminate accounts that belong to repeat infringers.

Pursuant to Title 17 of the U.S. Code, Section 512, Resounding Health has implemented procedures for receiving written notification of suspected copyright infringement and for processing those claims in accordance with the law. If you are a copyright owner or an agent thereof and believe that any Casebook, User-Generated Content, Public Forum post, or other applicable content infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

·         Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

·         Identification of the claimed infringing material and information reasonably sufficient to enable us to locate the material on our website;

·         Information reasonably sufficient to enable us to contact you, such as an address, telephone number, and, if available, an e-mail address;

·         A statement attesting to your good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

·         A statement, made under penalty of perjury, that the information in your notification is accurate and that you are either the copyright owner or are authorized to act on the copyright owner’s behalf; and

·         Your physical or electronic signature.

Please send all of the above enumerated information to our designated agent:

[name & address]
[ph# & e-mail]

12.              Copyright and Trademark Information

Copyright © 2009 Resounding Health, Inc. We or our Content providers own all website content, including text, logos, customized graphics, images, photographs, music, data, audio clips, video clips, algorithms, and software. This property is protected by U.S. and international copyright laws. In addition, the manner in which we compile, arrange, and present Content on our websites is protected by worldwide copyright laws and treaty provisions. Resounding Health™ and Empowering the ePatient™ are trademarks, service marks, and trade names that belong to Resounding Health or its affiliates. They may not be used in connection with any third party products or services without our written permission. All other brands and names are the property of their respective owners.

13.              Feedback

Any questions, comments, criticism, suggestions, ideas, techniques, data, materials, know-how, or information (collectively, “Feedback”) that you provide to us shall not be regarded as confidential.  We have no obligation of any kind with respect to any such Feedback that you provide to us. We shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any such Feedback without limitation, and to use any ideas, concepts, know-how, data or techniques contained in your Feedback for any purpose whatsoever, including, but not limited to, developing, advertising, manufacturing, researching and marketing products or services that incorporate or derive from such Feedback. By submitting Feedback or any other Content to our websites, you acknowledge and agree that you have no expectation of compensation or confidentiality of any nature and that Resounding Health has no duties to you with respect to such Feedback.

14.              Modifications

Resounding Health reserves the right to modify, suspend, discontinue or restrict our websites or your means to websites, including the availability of any portion of the Content at any time, with or without notice to you.  Resounding Health shall not be liable to you or any third parties should we exercise our right to modify, suspend, restrict or discontinue any websites or services.

15.              Changes to the Terms of Service

Resounding Health may, in its sole and absolute discretion, add, delete, and/or modify any of the terms and conditions contained in these Terms of Service at any time.  Resounding Health will post a copy of the amended terms of Service on the Terms of Service sections of our websites. Your continued use of the websites following the posting of a change notice or new Terms of Service will constitute your affirmative and binding acceptance of the changes. If you object to any of the changes we make, your sole recourse shall be to cease using the websites and services.

16.              Password Control

Several features on Resounding Health’s websites, including Casebooks, allow you to record and store information.  Many of the features and services Resounding Health offers are structured to allow access only to registered visitors with a valid username and password.

When you join Resounding Health as a registered user, you are required to establish a personal account with your own unique username and password. You agree to maintain the security of your username, password, and other confidential information relating to the use of your Resounding Health account.  You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Resounding Health passwords or accounts.  It is your sole responsibility to (1) control the dissemination and use of your username and password; (2) control access to and use of your account and password; (3) promptly inform us of any need to deactivate an account or password.  You grant Resounding Health and all other persons or entities involved in the operation of our websites the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the websites.  We do not assume any responsibility or liability for any information you submit or your or third parties’ use or misuse of information transmitted or received using our websites or services.

17.              International Use

Our websites and services are designed for and intended for users in the continental United States except such states or other jurisdictions, if any, in which such use is illegal. Resounding Health makes no representation that the Content is appropriate or available for use in locations outside of the continental United States. Accessing the websites is prohibited from territories where such Content is illegal. If you access our websites from any location outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

18.              Assignment

We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.  We will post a notice on our websites regarding any change in ownership so that you have the opportunity to discontinue your use of our websites or cancel your registered accounts if you opt not to continue using the websites  or services under their new ownership. You may not assign this contract to any one else.

19.              General Terms

a.                   Any express waiver or failure to exercise promptly any right under the Terms of Service in any particular circumstance does not constitute a waiver of its right to enforce the Terms of Service in any other circumstance, in any similar circumstance, or in any continuation or repetition of the circumstance in connection with which it has not previously enforced its right.  If any part, term, or provision of these Terms of Service will be held void, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over these Terms of Service, the validity of the remaining portions or provisions will not be affected hereby and they shall remain in full force and effect and be enforceable in accordance with their terms in such manner as will implement and effectuate the manifest intention of the herein Terms of Service.

b.                  The Terms of Service, the rights and obligations hereunder, and any claims or disputes relating thereto, will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to the principles of conflicts of laws.  Any claim, suit, or action arising under or relating to the Terms of Service may be brought only in courts located within Massachusetts.  The parties hereby agree that such courts will have exclusive personal and subject matter jurisdiction over any such claim, suit, or action.  YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION TO ENFORCE OR DEFEND ANY RIGHT UNDER THE TERMS OF SERVICE OR ARISING FROM ANY RELATIONSHIP EXISTING IN CONNECTION WITH THESE TERMS OF SERVICE, AND AGREE THAT ANY ACTION WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.

These Terms of Service constitute the entire agreement between you and Resounding Health relating to this subject matter, and cancel and supersede any prior versions of the Terms of Service, and any communications and the like between you and Resounding Health.

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