PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.

These Terms of Use (“Terms”) apply to your use of our website at www.sundayhealth.com, any other website where these Terms are hyperlinked, and all services and products (collectively, the “Services”) provided by Sunday Health, Inc., Sunday Cares, P.C. and its affiliated medical groups, and any of their affiliates and subsidiaries (collectively, “SH”).

By using the Services, you confirm your agreement to these Terms.  If you do not agree to all of these Terms, do not use the Services.

THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS, A WAIVER OF CLASS ACTION CLAIMS, AND A WAIVER OF YOUR RIGHT TO A JURY.

SH may revise and update these Terms at any time and from time to time without notice to you.  We will use commercially reasonable efforts to provide you with email notice of any material changes.  Your continued use of the Services provided by SH will mean that you accept those changes.

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

1. Services. SH is a group of organizations that work together to provide preventive, diagnostic, and ongoing cognitive care (memory and thinking abilities) for older adults through an innovative care model supported by technology.  All clinical services are performed by Sunday Cares, P.C. and its affiliated medical groups. Sunday Health, Inc. does not perform clinical services; Sunday Health, Inc. provides technology and administrative support to Sunday Cares, P.C. and its affiliated medical groups.
2. Eligibility.  You must be a natural person who is 18 years of age or older to use the Services.  The Services are not intended or designed to attract individuals under the age of 18.
3. 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.
4. Account.  In order to access some functionality of the Services, you may have to create an account (“Account”).  When creating your Account, you must provide truthful, accurate, and complete information.  You are solely responsible for the activity that occurs on your 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 Account and disable your Account immediately.  We may suspend or terminate access to your Account and Services if we believe, in our sole discretion, that your 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 Account.  You are liable to us for any losses we incur in connection with a breach of security or unauthorized use of your Account.
5. Use Restrictions.  By using the Services, 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, your Account, or Content (as such term is defined herein);
• Use the Services, 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 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 Services;
• Remove any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the Services or Content;
• Collect or store any personally identifiable information accessible on the Services without the express permission of the person(s) to whom such information relates;
• Violate our policies or any applicable law or regulation.

6. Use of Content.  Our website contains certain informational and educational content (“Content”) relevant to our Services.  The use of the Content is at your own risk. The Content is intended for your personal use and 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 and/or Services.  We use information from third-party sources and content-creators in connection with providing the Content (for example, articles, links, health-related information, etc.).  Information may be inaccurate, incomplete or out of date.  SH shall not be responsible for and make no representations or warranties as to the accuracy, recency, reliability, or completeness of the Content.   
7. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on the Services. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

We respect the intellectual property rights of others and expects you to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to our Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Services

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by sending us a notice ("Copyright Notice") complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Services where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Copyright Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5. Provide your full legal name and your electronic or physical signature.

Deliver this Copyright Notice, with all items completed, to our Copyright Agent: info@sundayhealth.com or 102 S. Union Street, Alexandria, VA 22314, Attention: CEO.

8. Personal Information.  You may, at your discretion, choose to provide personal information.  You represent and warrant to us that any information you provide, including user information, is true, accurate, and complete.  For more information on personal information that may be collected please see our Privacy Policy and Notice of Privacy Practices on our website.
9. Feedback.  You may provide suggestions, comments, or other feedback (collectively, “Feedback”) to the Services 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 SH’s business, including the enhancement of the Services.
10. Notices.  You consent to us providing notices to you electronically.  We may provide electronic notices regarding activity and alerts through the Services, your 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.
11. Telecommunication Providers.  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.
12. 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 website.  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 Services after such posting or other notification of changes constitutes your agreement to the changes.  
    
    Parts of the Services may be subject to additional terms and conditions, which are posted or made available separately from these Terms (“Additional Terms”).  Your use of the Services 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 Services.  
13. Our Proprietary Rights.  The information and materials made available through or related to the Services 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 Services 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.  
14. Links.  The Services 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.  
15. Disclaimer of Warranties.  THE SERVICES AND CONTENT ARE 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 IS AT YOUR SOLE RISK.
    
    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 SH’S OBLIGATIONS HEREUNDER. YOU ACKNOWLEDGE AND AGREES THAT SH 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. SH WILL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES.
    
    NOTHING IN THIS SECTION AFFECTS WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
16. 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 SERVICES, 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 SERVICES OR FROM RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE CONTENT OR SERVICES.  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.
    
    Some of our Services, such as clinical Services provided by Sunday Cares, P.A. and its affiliated medical groups, may not be subject to the foregoing limitations of liability under certain state laws. These limitations apply to the maximum extent permitted by applicable law.
17. Indemnification.  You agree to indemnify and hold SH and their employees, officers, directors, owners, attorneys, accountants, contractors, licensors, suppliers, partners, and agents 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 Services or (b) your breach of any or any of your representations, warranties, or agreements contained in these Terms.
18. Termination by Us.  We, in our sole discretion, may limit, suspend or terminate your access to or use of the 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 Services 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 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 at any time.  Sections 6, 8, 10, 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 Account.
19. Governing Law. These Terms are governed by and will be construed in accordance with the laws of the Commonwealth of Virginia without regard to its principles of conflicts of law, and regardless of your location.
20. Waiver of Jury Trial; Jurisdiction and Venue. In the event the agreement to arbitrate disputes below is not enforceable for any reason: (i) THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, ACTION, DEMAND, OR PROCEEDING RELATING TO THESE TERMS AND THE SERVICES; and (ii) the parties consent to the personal jurisdiction and venue of the federal and state courts in Virginia for any court action or proceeding.
21. Disputes and Binding Arbitration.  The parties agree to resolve all disputes relating to these Terms and the Services as follows.  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 Vienna, Virginia 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 Virginia.  If JAMS cannot administer the Dispute, either party may petition a US District Court in Virginia 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.
22. 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.  
23. Miscellaneous. 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.