Terms & Conditions

 

General Service Terms

Through this offer, MusicFirst and CoroFaith are being provided to healthcare professionals, their patients and caregivers only (Subscriber). The link you are provided is solely for the assistance of supporting individuals within a healthcare facility or community. It is not available individual use outside of a healthcare community or solely for entertainment purposes. The use of MusicFirst steaming service is available within the United States only. CoroFaith may be used anywhere in the world. User is granted a limited, non-exclusive, non-transferable, non-sublicensable and fully revocable access during the timeframe allowed at the full discretion of CoroHealth, LLC (Company). Users may not copy, rent, sell, reproduce, public, republic, post, broadcast, frame or transmit the service or any of the content. Service is for commercial use only within a commercial healthcare business premises. The Company may discontinue service at any time without notification.

Delay or Interruption of the Services

Subscriber acknowledges that use of the Services requires high-speed Internet access and that Subscriber will be responsible for requiring its end users to have such Internet access. Company shall not be responsible for delays or interruptions in use of or access to the Services caused by interruptions, delays, or malfunction of Internet services of Subscriber. Company also shall not be responsible for interruptions, delays, disconnections, or malfunctions in Services caused by acts of God, acts of terrorism, acts of war, strikes, riots, power failures not isolated to Company’s System, by the disruption or malfunction of telephone, cable, cellular, satellite or radio services. In the event that Services are delayed or interrupted for any reason other than those stated above for which the Company is not responsible, Company shall have 10 business days following written notice from Subscriber of such delay or interruption to cure such delay or interruption, and, if such delay or interruption is cured within such period, Company shall not be deemed to have breached this Agreement.

Limited Warranty – Exculpatory Clause Limitation of Liability

COMPANY AND ITS THIRD PARTY SUPPLIERS PROVIDE THE SERVICES AS IS AND NEITHER COMPANY NOR ANY OF ITS REPRESENTATIVES MAKES OR PASSES ON TO SUBSCRIBER ANY WARRANTY OR REPRESENTATION ON BEHALF OF COMPANY OR ITS THIRD-PARTY SUPPLIERS WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE. NEITHER COMPANY NOR ITS THIRD-PARTY SUPPLIERS SHALL BE RESPONSIBLE FOR AND THE SUBSCRIBER ASSUMES FULL RESPONSIBILITY FOR ALL SERVICES PROVIDED BY SUBSCRIBER. NEITHER COMPANY NOR ANY OF ITS THIRD-PARTY SUPPLIERS SHALL BE LIABLE FOR LOSSES CAUSED BY THE MALFUNCTION OR NON-FUNCTION OF THE SERVICES EVEN IF DUE TO COMPANY’S NEGLIGENCE OR FAILURE TO PERFORM EXCEPT FOR SUCH LOSSES THAT ARISE SOLELY FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF COMPANY. NEITHER COMPANY NOR ITS THIRD-PARTY SUPPLIERS SHALL BE LIABLE TO SUBSCRIBER FOR ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO LOSS OF LIFE, DETERIORATION OF HEALTH, PERSONAL INJURY OR DAMAGES TO REAL OR PERSONAL PROPERTY, LOSS OF PROPERTY OR REVENUE, LOSS OF USE, LOSS OF PROFITS, LOSS OF BUSINESS, COST OF CAPITAL, COSTS OF PURCHASED OR REPLACED GOODS, OTHER ECONOMIC LOSS OR DAMAGES HOWEVER OCCASIONED, EVEN IF SUBSCRIBER OR ITS THIRD-PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

Third Party Indemnification

SUBSCRIBER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUPPLIERS, OR REPRESENTATIVES FROM AND AGAINST ALL CLAIMS, LAWSUITS, AND LOSSES, INCLUDING ATTORNEYS’ FEES, BY PERSONS NOT A PARTY TO THIS AGREEMENT, ALLEGED TO BE CAUSED BY THE ACTS OR OMISSIONS OF SUBSCRIBER, INCLUDING FAILING TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT. COMPANY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS SUBSCRIBER, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUPPLIERS, OR REPRESENTATIVES FROM AND AGAINST ALL CLAIMS, LAWSUITS, AND LOSSES, INCLUDING ATTORNEYS’ FEES, BY PERSONS NOT A PARTY TO THIS AGREEMENT, ALLEGED TO BE CAUSED BY THE ACTS OR OMISSIONS OF COMPANY, INCLUDING FAILING TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT, INCLUDING FAILURE TO SECURE AND MAINTAIN ANY NECESSARY PUBLIC PERFORMANCE LICENSES OR MAKE PAYMENTS TO ANY APPLICABLE RIGHTS ORGANIZATIONS UNDER SECTION 4 FOR ANY USES OF MUSIC WHICH ARE NOT COVERED BY COMPANY’S LICENSES.

Limitation of Liability – Liquidated Damages

FOR ANY CAUSE, WHETHER ALLEGED AS CAUSED BY THE INSTALLATION, DESIGN, OR THE PERFORMANCE OF OBLIGATIONS AND RESPONSIBILITIES UNDER THIS AGREEMENT, ACTIVE, PASSIVE, JOINT, OR SEVERAL, STRICT LIABILITY, OR TORT BY COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUPPLIERS, OR REPRESENTATIVES; COMPANY’S TOTAL LIABILITY FOR DAMAGES OR LOSSES TO SUBSCRIBER AND ANY OTHER PERSONS RECEIVING SERVICES WILL IN NO EVENT EXCEED THE AMOUNT OF THE SUBSCRIPTION FEES PAID DURINGTHE PAST 12 MONTHS. AS NOTED ABOVE, THIS ALLOCATION OF RISK IS REFLECTED IN COMPANY’S PRICES AND WILLINGNESS TO PROVIDE THE SERVICES TO SUBSCRIBER’S SUBSCRIPTIONS. THIS AMOUNT SHALL BE PAID AND RECEIVED AS EITHER (A) LIQUIDATED DAMAGES AND NOT AS A PENALTY, OR (B) AS A LIMITATION OF LIABILITY APPROVED AND AGREED UPON BY THE PARTIES. THE PAYMENT OF THIS AMOUNT SHALL BE COMPANY’S SOLE AND EXCLUSIVE LIABILITY. SUBSCRIBER AGREES TO OBTAIN INSURANCE COVERAGE ADEQUATE TO PROTECT SUBSCRIBER’S INTEREST IN LIGHT OF THE LIMITATION OF LIABILITY STATED IN THIS AGREEMENT. THE FOREGOING SECTIONS 6, 7, THIS SECTION 8, AND SECTIONS 13, 15 AND 18, SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. COMPANY ASSUMES NO RESPONSIBILITY FOR ANY LOSS IN EXCESS OF SUCH AMOUNT.

Assignment by Subscriber

Subscriber acknowledges and agrees that except as expressly provided in this section, Subscriber may not transfer any of its rights, duties or obligations under this Agreement unless Company agrees in writing to such transfer. Subscriber may, however, without Company’s prior consent, assign this Agreement to a subsidiary, affiliate or parent of Subscriber, or to a successor to substantially all of Subscriber’s assets; provided that (1) the assignee has sufficient resources to perform its obligations under this Agreement, and (2) Subscriber provides prompt written notice of the assignment and any reasonable documentation requested by Company.

Compliance with Law, Licenses and Permits

Subscriber shall comply with all laws and regulations relating to receiving the Services. If Subscriber fails to maintain any required licenses or permits, Company shall have the right to terminate this Agreement with notice to Subscriber.

Representation and Warranty

By using the link provided to you to access CoroHealth therapeutic content, the requestor represents and warrants that it has the necessary capacity and authority to enter into this Agreement.

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