- You understand and agree, on your own behalf, and on behalf of your facility, that the information which you are providing is being used for the purposes of creating a Health Security Verification. By providing information and utilizing this certification system, you represent and certify that the information you have provided is to the best of your knowledge accurate, complete and reliable. You agree to notify us immediately in the event of any change in any information provided.
- Sharecare expressly disclaims, and does not undertake or assume any duty, obligation, or responsibility for any decisions, reactions, responses, actions, failure to act, by you or any guest, invitee, contractor, vendor, customer, or other member of the general public as a result of or in reliance on, in whole or in part, the Health Safety Verification, or for any consequences or outcomes arising from or caused by any such decisions, reactions, responses, actions, or failures to act. You expressly assume all risk and liability associated with the use of the Health Security Services and the Health Security Verification, and will indemnify, defend, and hold Sharecare harmless from and against any claims arising out of or relating to your use of the Health Security Services or use or display of the Health Security Verification, including without limitation any death, injury, illness, disease, or loss or damage to property, other than as may result from the gross negligence, willful misconduct, or fraud by or on behalf of Sharecare.
- TO THE EXTENT THAT YOU ELECT TO RECEIVE ANY HEALTH SECURITY SERVICES PROVIDED BY OR ON BEHALF OF SHARECARE, YOU UNDERSTAND THAT NEITHER SHARECARE NOR ANY THIRD-PARTY HEALTH SECURITY PROVIDER IS AN INSURER OF PERSON, LIFE, LIMB OR PROPERTY AND THAT INSURANCE COVERING PERSONAL INJURY, LIFE AND PROPERTY LOSS SHALL BE OBTAINED BY YOU, IF SO DESIRED. SHARECARE IS BEING PAID FOR PROVIDING A SYSTEM TO PERMIT PARTICIPATING INDIVIDUALS, INSTITUTIONS, AND FACILITIES TO COLLECT AND REPORT INFORMATION IN A STRUCTURED FORMAT, AND TO REVIEW THAT INFORMATION IN SUMMARY FORM FOR INFORMATIONAL PURPOSES. YOU ACKNOWLEDGE THAT THE AMOUNTS BEING CHARGED BY SHARECARE ARE NOT SUFFICIENT TO GUARANTEE IN ANY WAY THAT NO LOSS OR DAMAGE WILL OCCUR AND THAT SHARECARE IS NOT ASSUMING RESPONSIBILITY FOR ANY PERSONAL INJURY, LOSS OF LIFE, OR PROPERTY LOSS OR DAMAGE WHICH MAY OCCUR EVEN IF DUE TO SHARECARE’S OR ITS AGENTS’ NEGLIGENT PERFORMANCE OR WHICH MAY ARISE DUE TO THE FAULTY OPERATION OF THE SYSTEM, THE FAILURE OF SERVICES OR THE FAILURE TO PERFORM SAID SERVICES. YOU AGREE THAT IF, NOTWITHSTANDING THE ABOVE PROVISIONS, THERE SHOULD ARISE ANY LIABILITY WHATSOEVER ON THE PART OF SHARECARE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS, OR ITS THIRD-PARTY PROVIDERS OF SOFTWARE, EQUIPMENT, AND/OR SERVICES, IN CONNECTION WITH ANY READINESS SERVICES, SUCH LIABILITY SHALL BE LIMITED TO FIVE HUNDRED DOLLARS ($500.00) PER EVENT. THIS MAXIMUM SUM SHALL BE COMPLETE AND EXCLUSIVE AND SHALL BE PAID AND RECEIVED AS AN EXCLUSIVE REMEDY AND NOT AS A PENALTY.