Terms of Use

Effective date: August 23, 2023

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site and Services, you confirm your agreement to these Terms and Conditions (“Terms”). If you do not agree to all of these Terms and Conditions, do not use this site or Services. 

Sunday Health, Inc. (“SH”) may revise and update these Terms at any time and from time to time without notice to you. Your continued use of the website (“Platform”) or other products and/or services provided by SH will mean that you accept those changes.

SH, through the use of its technology and access to professionals, aims to provide caregivers with optimization tools and coaching services that will enable caregivers to better care for themselves and for their loved ones (“Services”).  Note that the Services are being offered free of charge as part of a pilot program.  

These Terms are between the individual using the Services (“you”) and Sunday Health, Inc. (“we,” “our” and “us”).  Sometimes we and you are referred to as the “parties” in these Terms.      

THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAIN IMPORTANT DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.  Section 21 describes the arbitration procedures.  Please read the entire Terms, and pay special attention to all capitalized provisions carefully as they contain important disclaimers of warranties and limitations on liability.

By visiting or accessing the Platform you agree to these Terms.

  1. Eligibility.  You are a natural person who is 18 years of age or older.  This Platform is not intended or designed to attract individuals under the age of 18. 
  1. Doing Business Electronically. Because part of the Services requires telecommunication or Internet connections, you agree that information and communication may be provided electronically.  You are solely responsible for all telecommunication or Internet connections required to access the Services and Platform.
  1. Platform Account.  In order to access some functionality of the Services, you may have to create an account (“Platform Account”).  When creating your Platform Account, you must provide truthful, accurate, and complete information. You are solely responsible for the activity that occurs on your Platform Account, and you must keep your account credentials and password secure, including the account credentials and password of your administrator.  You accept sole responsibility for keeping your credentials and password secure. You must notify us immediately of any breach of security or unauthorized use of your Platform Account and disable your Platform Account immediately.  We may suspend or terminate access to your Platform Account and the Platform if we believe, in our sole discretion, that your Platform Account has been compromised or that not doing so may pose a risk to you, us or any third party.  We are not liable to you for any losses you incur in connection with a breach of security or unauthorized use of your Platform Account. You are liable to us for any losses we incur in connection with a breach of security or unauthorized use of your Platform Account. 
  1. Use Restrictions.  By using the Services and Platform, you agree not to engage in the following activities or assist others in the following activities:
  • Permit any third party to access or use the Services, Platform, your Platform Account, or Content (as such term is defined herein);
  • Use the Services or Platform, or any portion thereof, for any commercial purpose or otherwise in any manner not expressly permitted by these Terms;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other of our trade secrets embodied in the Services, Platform or Content; 
  • Interfere with, or attempt to interfere with, the access of any user, host, or network, including by sending a virus, overloading, flooding, spamming, mail-bombing, or otherwise disrupting the Platform or Services;
  • Remove any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the Services, Platform or Content;
  • Collect or store any personally identifiable information accessible on the Platform or Services without the express permission of the person(s) to whom such information relates;
  • Violate our policies or any applicable law or regulation.
  1. SH DOES NOT PROVIDE MEDICAL CARE OR ADVICE. The content on the Platform and other information communicated as part of the Services, such as text, graphics, images, verbal or written communications between you and SH, and other materials created or obtained by SH and our licensors or third parties (collectively, “Content”) are for informational purposes only. The Content is not medical advice, nor is it intended to be a substitute for professional health care advice, diagnosis, or treatment. Always seek out a qualified health provider with any questions regarding a medical condition. 

    For the avoidance of doubt, we do not provide medical advice or medical services as part of the Services. Certain individuals providing Services may be licensed medical professionals; however, these individuals shall not provide medical advice or mental health care services as part of the Service. Licensed medical professional may be subject to state or federal reporting requirements pertaining to your personal information, including in the events of elder abuse or public health and safety concerns.  You may elect to provide personal information at your sole and absolute discretion.  
  1. Use of Content.  The use of the Services, Platform, and Content are at your own risk. The Content is intended for your personal use, but shall not be used for commercial purposes. Any print or download of the Content shall retain any and all copyright, patent, or trademark notices or labels on the Content without alteration.  SH reserves the right to change, edit, and remove any Content at its sole discretion and without notice to you. Violation of this term may result, at SH’s sole discretion, in the termination of your right to access the Content, Services, and Platform.  
  1. Accuracy of Content. We use information from third-party sources and content-creators in connection with providing the Content and Services (for example, articles, links, health-related information, etc.).  Information may be inaccurate, incomplete or out of date. SH and its employees, officers, directors, owners, attorneys, accountants, contractors, licensors, suppliers, partners, and agents (“Representatives”) shall not be responsible for and make no representations or warranties as to the accuracy, recency, reliability, or completeness of the Content or communications provided through the Platform or as part of the Services. Further, SH does not represent or warrant that it is in compliance with all laws or regulatory requirements to which it is subject.  
  1. Personal Information. You may, at your discretion, choose to provide personal information. For more information on personal information that may be collected please see our Privacy Policy on our website. 
  1. Information You Provide.  You represent and warrant to us that any information you provide, including user information, is true, accurate, and complete.  

    You grant Sunday Health a non-exclusive, world-wide, royalty-free license to use any information, data, passwords, material or other content (collectively included as, “Caregiver Content”) you provide through or to the Platform or to our caregiver coaches (“Caregiver Coaches”) for the purpose of enabling us, our Caregiver Coaches, and our third party service providers to provide the Services.  We and our Caregiver Coaches may use, modify, display, distribute and create new material using the Caregiver Content to provide Services.  By submitting or making available Caregiver Content, you agree that we may use the Caregiver Content to the extent not prohibited by applicable law, including to enhance our service, business, and operations.  Notwithstanding any term to the contrary herein, records of your encounters with Caregiver Coaches and information provide to Caregiver Coaches in connection with the Services, which are captured by and prepared by Caregiver Coaches, are the property of SH.
  1. Notices.  You consent to us providing notices to you electronically.  We may provide electronic notices regarding activity and alerts through the Platform, Platform Account, or via email to the contact information you provide us.  Any change to your contact information will limit our ability to provide notices.  You must notify us of any contact information changes immediately.
  1. Mobile Application.  You are also responsible for compliance with the terms of agreements with your mobile device and telecommunications providers.  We are not responsible for the products and services provided by your mobile device or telecommunications provider, costs associated therewith, or for any losses arising therefrom. 
  1. Changes to Terms.  We reserve the right to make changes to these Terms or the Platform at any time in our sole discretion.  If required by applicable law, we will notify you of the changes.  We may notify you of changes to these Terms by posting the updated Terms on our Platform.  You can determine when these Terms were last changed by referring to the “Last Updated” legend at the top of these Terms. Your continued use of the Platform after such posting or other notification of changes constitutes your agreement to the changes.  

    Parts of the Platform may be subject to additional terms and conditions, which are posted or made available separately from these Terms (“Additional Terms”).  Your use of the Platform may also be subject to additional policies, guidelines, or rules, which we will also post or make available in the manner described above.  Such Additional Terms policies, guidelines, and rules are incorporated into these Terms.  If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control.

    We reserve the right at any time to modify, suspend, or discontinue any part of the Platform.  
  1. Our Proprietary Rights.  The information and materials made available through or related to the Platform are and will remain our property or the property of our licensors and suppliers, and are protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws.  You agree not to reproduce, modify, rent, lease, loan, sell, distribute, create derivative works, or otherwise make any unauthorized use of any part of the Platform or Content.  No license or right is granted to use any of our trade names, trademarks, or service marks or that of our licensors or suppliers.  You may provide suggestions, comments, or other feedback (collectively, “Feedback”) to the Services, Platform, or Content.  Feedback is voluntary. We may use Feedback for any purpose consistent with these Terms and applicable law, but we are not obligated to do so. You grant us a non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with Sunday Health’s business, including the enhancement of the Services and Platform.
  1. Links.  The Platform may provide links to other websites and Internet resources. We have no control over such third-party sites and resources, we are not responsible for the availability of such third-party sites or resources, and we do not endorse nor are we responsible or liable for any content, advertising, products, or other materials on or available through such third-party sites or resources.  
  1. Disclaimer of Warranties. THE SERVICES, PLATFORM AND CONTENT IS PROVIDED TO YOU “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, ACCURACY, NONINFRINGEMENT, TITLE, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.  YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF THE SERVICES AND PLATFORM IS AT YOUR SOLE RISK.

    WE HAVE NO RESPONSIBILITY FOR DETERMINING WHETHER OR NOT THE INFORMATION ON THE PLATFORM OR OTHERWISE PROVIDED TO YOU AS PART OF THE SERVICES IS ACCURATE OR SUITABLE FOR YOUR NEEDS.  WE ARE NOT MEDICAL PROFESSIONALS OR HEALTHCARE PROVIDERS.  

    NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUNDAY HEALTH OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF SUNDAY HEALTH’S OBLIGATIONS HEREUNDER. YOU ACKNOWLEDGE AND AGREES THAT SUNDAY HEALTH AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT: (A) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (B) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. SUNDAY HEALTH WILL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES.

    NOTHING IN THIS SECTION AFFECTS WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
  1. LIMITATION OF LIABILITY.  WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR INJURY, LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE PLATFORM, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.  WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR FROM RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE CONTENT, SERVICES OR PLATFORM.  WE ARE NOT LIABLE FOR ANY UNAUTHORIZED ACCESS, USE OR DISCLOSURE OF ANY INFORMATION RELATING TO YOU HELD, MAINTAINED OR UNDER THE CONTROL OF ANY THIRD PARTY, INCLUDING ANY SECURITY BREACH RELATING TO INFORMATION ABOUT YOU EXPERIENCED BY OUR SERVICE PROVIDERS.  OUR MAXIMUM LIABILITY TO YOU FOR ALL CLAIMS, ACTIONS, PROCEEDINGS, SETTLEMENTS, DAMAGES, LOSSES, LIABILITIES, PENALTIES, FINES, COSTS, AND EXPENSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100.    

    THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE
  1. Indemnification. You agree to indemnify and hold us and our Representatives harmless from and against all claims, actions, proceedings, settlements, damages, losses, liabilities, penalties, fines, costs, and expenses (including attorneys' fees) arising out of, resulting from, or related to (a) your access or use of the Platform or Services or (b) your breach of any or any of your representations, warranties, or agreements contained in these Terms. 
  1. Termination by Us.  We, in our sole discretion, may limit, suspend or terminate your access to or use of the Platform or Services at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.  Upon termination, your right to use the Platform will immediately cease.  Any limitation, suspension, or termination of your access to or use of the Platform may become effective without prior notice to you, and we may immediately deactivate or delete your Platform Account and all related information and documents associated with it, and bar any further access to such information or documents.  You are free to stop using the Services and Platform at any time. Sections 5, 7, 8, 13, 15, 16, 17, 18, 19, 20, 21, 22, and 23 of these Terms will survive any expiration, suspension, or termination of these Terms or your Platform Account. 
  1. Governing Law. These Terms are governed by and will be construed in accordance with the laws of the State of Delaware without regard to its principles of conflicts of law, and regardless of your location.
  1. Waiver of Jury Trial; Jurisdiction and Venue.  THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, ACTION, DEMAND, OR PROCEEDING RELATING TO THESE TERMS.  The parties consent to the personal jurisdiction and venue of the federal and state courts in Wilmington, Delaware for any court action or proceeding.
  1. Disputes and Binding Arbitration.  The parties agree to resolve all disputes relating to these Terms as provided in this Section 21.  Any arbitration or other legal proceeding under these Terms will only be on an individual basis.  Neither party may form with other arbitrators or third parties a class arbitration, class action, or other action brought between multiple parties based on the same or similar legal claims, or the same or similar facts (“Consolidated Action”).  Each party waives its right to participate in a Consolidated Action against the other party.

    Each party agrees to first attempt to resolve any dispute, claim, or controversy relating to these Terms (“Disputes”) in good faith and in a timely manner. Where no resolution can be found, Disputes will be resolved by arbitration in Wilmington Delaware before a single arbitrator, as provided in this Section.  

    Arbitration will be administered by JAMS according to the rules and procedures in effect at the time the arbitration is commenced. Disputes with amounts claimed greater than $250,000 will apply the JAMS Comprehensive Arbitration Rules and Procedures; and Disputes with amounts claimed less than or equal to $250,000 will apply the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator will apply the substantive law of Delaware.  If JAMS cannot administer the Dispute, either party may petition the US District Court in Wilmington Delaware to appoint another arbitrator. The parties acknowledge that transactions under these Terms may involve matters of interstate commerce and, notwithstanding the provisions in this Section referencing applicable law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms.

    Either party may commence arbitration by providing a written demand for arbitration to JAMS and the other party detailing the subject of the Dispute and the relief requested. Nothing in these Terms affects the right of a party to seek urgent injunctive or declaratory relief from a court of appropriate jurisdiction in respect of a Dispute.

    The prevailing party is entitled to recover its reasonable attorneys' fees, expert witness fees, and out-of-pocket costs and expenses incurred in connection with the arbitration, in addition to any other relief it may be awarded.

    Proceedings and information related to Disputes will be maintained as confidential, including the nature and details of the Dispute, evidence produced, testimony given, and the outcome of the Dispute, unless such information was already in the public domain or was independently obtained.  The parties and each of their witnesses, advisors, and arbitrators will only share such information as necessary to prepare for or conduct arbitration or other legal proceeding, or enforcement of the outcome, unless additional disclosure is required by applicable law.

    YOU AGREE THAT ANY WRITTEN DEMAND YOU MAY PROVIDE TO JAMS AND US TO COMMENCE ARBITRATION MUST BE RECEIVED BY JAMS AND US WITHIN ONE YEAR AFTER THE OCCURRENCE UNDERLYING THE DISPUTE INITIALLY OCCURRED.  OTHERWISE, ANY RECOURSE YOU HAVE, INCLUDING ANY RIGHT TO ARBITRATION, IS PERMANENTLY BARRED.
  1. Information or Complaints. If you have a question, please contact us at info@sundayhealth.com  All notices from you, including any written demand for arbitration by you, should be mailed or delivered by courier to Sunday Health, Inc at 102 S. Union Street, Alexandria, VA 22314, Attention: CEO.  
  1. Miscellaneous. You agree that the Platform is deemed to be based solely in the State of Delaware, and it is deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in any jurisdiction other than Delaware. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign or transfer any or all of your rights or obligations under these Terms.  We may assign or transfer any or all of our rights or obligations under these Terms without restriction.  No waiver by either party of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.  Any waiver must be in a writing signed by an authorized officer of the party granting the waiver.  These Terms, together with any Additional Terms and all policies, guidelines and rules incorporated by reference, represent the entire agreement between you and us relating to the subject matter of these Terms and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.  It is your responsibility to promptly update us with your complete and current contact information, including your email address and phone numbers.  You agree that a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfill any of our obligations under these Terms to the extent such failure is attributable to causes beyond our control.  

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