Please carefully read these Terms of Use (“Terms”). These Terms govern your use of the services provided by StarSun Health, Inc. (“StarSun Health,” “we,” “our,” and “us”) through www.StarSun Health (the “Services”). By using the Services, including viewing or accessing content on www.StarSun Health, you agree to be bound by these Terms. If you don’t agree, you may not use the Services. Additional terms may apply to StarSun Health’s paid products and services, as outlined in a signed order form or another agreement between you and StarSun Health (“Additional Services”). These supplemental terms will override these Terms in case of any conflict. If you don’t agree with the supplemental terms, you may not use the Additional Services.
The Services are not available in jurisdictions where these Terms are not enforceable.
THE SERVICES ARE FOR NON-EMERGENCY USE ONLY. DO NOT USE THEM FOR EMERGENCY CARE. IF YOU NEED EMERGENCY HELP, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. THE SERVICES ARE NOT DESIGNED FOR TIME-SENSITIVE OR EMERGENCY COMMUNICATIONS.
The Services do not establish a patient relationship with StarSun Health, nor should they replace professional medical advice. Always consult with a healthcare provider for medical concerns.
We may update, modify, or discontinue the Services or these Terms at any time. It’s your responsibility to review them regularly. By continuing to use the Services, you accept any changes.
To use our Services, you may need to create an account and provide your email address and phone number. By doing so, you agree to receive communications from StarSun Health, including emails, SMS messages, and voice calls, related to your account and use of the Services. You also agree to receive all agreements, notices, disclosures, and other communications in electronic form, which satisfies any legal requirements for written communication.
Please Note: Communications via email or text may not be secure. By sending personal or confidential information through these methods, or by agreeing to receive communications through them, you acknowledge and accept any associated risks.
StarSun Health’s current Privacy Policy may be found at Privacy Policy and is hereby expressly incorporated into these Terms by reference. The Privacy Policy discloses StarSun Health’s practices regarding the collection, use, and disclosure of your personal information. By agreeing to these Terms, you are also agreeing to the terms of StarSun Health’s Privacy Policy and consenting to the use and disclosure of information you provide to StarSun Health as set forth therein. For inquiries in regard to the Privacy Policy, or to report a privacy-related problem, please contact info@StarSun Health.
As a condition of using the Services, you agree not to use them for any unlawful purpose or in violation of these Terms or any applicable law, rule, or regulation (“Applicable Laws”). Specifically, you will not:
Additionally, you agree not to:
You must comply with all Applicable Laws when using the Services or posting any content (“User Submission”) on the Services.
The Services may let you view, use, or access content, data, applications, or materials from third parties (“Third-Party Materials”) or link to third-party websites (“Third-Party Websites”). When you access these, you do so at your own risk and are responsible for reviewing and understanding the terms and privacy policies that apply to them.
StarSun Health does not control these Third-Party Materials or Third-Party Websites, nor is it responsible for their availability, accuracy, reliability, legality, or any other aspect. The inclusion of links or materials does not imply endorsement or association by StarSun Health. StarSun Health also isn’t responsible for technical issues or unauthorized access of user data by third parties. Third-party providers may collect and use information about you as described in their own terms and privacy policies. Please review these terms before using any third-party services or sharing information with them. If you disagree or don’t understand these terms, do not use the third-party services.
StarSun Health DISCLAIMS ALL RESPONSIBILITY FOR INFORMATION COLLECTED OR USED BY THIRD-PARTY PROVIDERS. YOU AGREE THAT StarSun Health IS NOT LIABLE FOR ANY INFORMATION, SOFTWARE, MATERIALS, OR SERVICES FROM THIRD PARTIES, AND YOU ASSUME ALL RESPONSIBILITY FOR ANY DAMAGES OR LOSS RESULTING FROM YOUR USE OF THIRD-PARTY MATERIALS AND THIRD-PARTY WEBSITES.
All content and materials provided through the Services (“Content”) are owned exclusively by StarSun Health. You must follow all copyright notices and restrictions provided in any Content you access. You are not allowed to sell, license, rent, modify, distribute, copy, display, publish, or create derivative works from the Services, Content, or any third-party material not owned by you, unless:
If the Services specifically allow, you may download or copy Content for personal use only, provided you keep all copyright, trademark, and other notices intact. You may not store any significant portion of Content or use it for commercial purposes without written permission from StarSun Health or the identified copyright holder.
All Content is accessed at your own risk and provided “as is.” StarSun Health is not responsible for any errors, omissions, or any loss or damage caused by Content accessed or transmitted via the Services. Any rights in the Services not explicitly granted here are retained by StarSun Health.
Our trademarks or logos listed on www.StarSun Health and any other trademarks or logos used by StarSun Health (“Marks”) are trademarks or registered trademarks of StarSun Health. Other trademarks or logos on the Services belong to third parties (“Third-Party Marks”). Your use of the Services or these Terms does not grant you any rights to reproduce or use in the Marks or Third-Party Marks.
The Services may provide you with the ability to post User Submissions, such as videos, audio, text, images, feedback, or suggestions. By doing so, you confirm you have the legal right to post it and grant us a worldwide, perpetual license to use and distribute it as needed. We may modify, translate, or remove User Submissions at any time, but we don’t endorse or control them and are not required to monitor them. We may record communications for quality purposes, and by using the Services, you consent to this. You represent that your User Submissions are lawful, do not infringe others’ rights, including intellectual property rights, and comply with our Terms.
StarSun Health may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately upon such notice, which may result in the forfeiture and destruction of all information and User Submissions associated with your Account. Upon termination of your right to use our Services or our termination of the Services, all licenses and other rights granted to you by these Terms will immediately terminate. If you wish to terminate your account, you may do so by following the instructions on the applicable site or app. All provisions of these Terms which by their nature should survive termination shall survive termination.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. StarSun Health AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND OTHER PROVIDERS MAKE NO GUARANTEES THAT: (a) THE SERVICES WILL BE ACCURATE, COMPLETE, SECURE, OR ALWAYS AVAILABLE; (b) ANY DEFECTS OR ERRORS WILL BE FIXED; (c) CONTENT OR SOFTWARE AVAILABLE THROUGH THE SERVICES IS FREE FROM VIRUSES OR HARMFUL COMPONENTS; OR (d) THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS. YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND THAT StarSun Health HAS NO FIDUCIARY OR SPECIAL DUTY TO YOU.
If StarSun Health suggests actions or activities, you assume all risks and costs associated with following them. StarSun Health does not guarantee the safety, suitability, or effectiveness of any suggested actions, and is not liable for any outcomes or impacts of your decisions based on them.
You agree to indemnify, defend, and hold harmless StarSun Health, its affiliates, and their employees, contractors, directors, suppliers, partners, and representatives from any and all liabilities, claims, or expenses (including reasonable attorneys' fees) arising from: (a) your use or misuse of, or access to, the Services; (b) any actions you take or choose not to take based on suggested activities from our Services; (c) any breach of these Terms; (d) any negligence, willful misconduct, or violation of applicable law in connection with the Services; or (e) any infringement, violation, or misappropriation of intellectual property or other rights by you or anyone using your StarSun Health account. StarSun Health reserves the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with StarSun Health in such cases.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, StarSun Health, ITS AFFILIATES, AND THEIR DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, PARTNERS, SUPPLIERS, AND ANY OTHER PROVIDERS SHALL NOT BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING CONTRACT, TORT, STRICT LIABILITY, OR NEGLIGENCE, FOR: (a) ANY LOST PROFITS, DATA LOSS, COSTS OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (b) DAMAGES EXCEEDING TEN U.S. DOLLARS ($10.00), RELATED TO THE SERVICES PROVIDED HEREUNDER. ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO THE CLAIM, OR THEY WILL BE PERMANENTLY BARRED.
NOTWITHSTANDING THE ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, StarSun Health AND ITS AFFILIATES SHALL NOT BE LIABLE FOR: (x) ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A LICENSED MEDICAL PROFESSIONAL OR OTHER THIRD PARTY PROVIDING MEDICAL SERVICES OR TOOLS; OR (y) ANY DELAY, UNINTENTIONAL DISCLOSURE, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA TRANSMITTED DURING USE OF THE SERVICES.
Accessing the Services is prohibited from territories where such Services are illegal. If you access the Services from other countries, you do so at your own initiative and are responsible for compliance with all Applicable Laws.
These Terms are governed by Delaware State law, without regard to choice of law principles. Any dispute arising from these Terms will be resolved by binding arbitration in Delaware State, in English, following the JAMS Arbitration Rules, by a commercial arbitrator experienced in intellectual property and commercial contract disputes. The prevailing party shall be entitled to reimbursement for reasonable expenses, including attorneys’ fees and expert fees. The arbitration award may be enforced by any court with jurisdiction.
Each party retains the right to seek injunctive or equitable relief from a court of proper jurisdiction pending the arbitrator’s decision. For all purposes of these Terms, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the Delaware State. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING RELATING TO THESE TERMS.
StarSun Health shall not be liable for any failure to perform its obligations due to causes beyond its reasonable control, including mechanical, electronic, or communication failures. These Terms are personal to you and cannot be assigned, transferred, or sublicensed without StarSun Health’s prior written consent. StarSun Health may assign or delegate its rights and obligations without your consent. These Terms do not create an agency, partnership, joint venture, or employment relationship, and neither party has the authority to bind the other. Notices under these Terms must be in writing and are considered delivered when: (a) personally delivered or sent by certified/registered mail, return receipt requested; (b) electronically confirmed, if sent by email; or (c) the day after being sent by a recognized overnight delivery service. These Terms, including the Privacy Policy available at Privacy Policy, constitute the entire agreement between you and StarSun Health with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and StarSun Health with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If you believe that your rights or those of a third party have been violated and want StarSun Health to remove, edit, or disable the material, please provide the following:
(a) A physical or electronic signature of someone authorized to act on behalf of the rights owner; (b) Identification of the copyrighted work(s) allegedly infringed, or a representative list if multiple works are affected; (c) Details of the material in question and enough information for StarSun Health to locate it; (d) Your contact information, including an address, phone number, and, if available, an email; (e) A statement that you have a good faith belief that the material’s use is unauthorized; and (f) A statement, under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the rights owner.