Website Terms of Use

Please read this Terms of Use Agreement (the “Terms of Use”) carefully.  These Terms of Use govern your use of those websites (including web portals) owned or controlled by Sunstone Therapies, Inc. (“Sunstone,” “our” or “we”), including the website located at: https://www.sunstonetherapies.com (the “Website”).   

BY BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SUNSTONE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF SUNSTONE YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE.  THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE. 

PLEASE NOTE THAT THE TERMS OF USE ARE SUBJECT TO CHANGE BY SUNSTONE IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, Sunstone will make a new copy of the Terms of Use available at the Website.  We will also update the “Last Updated” date at the top of the Terms of Use.  Sunstone may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Website is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website.  Otherwise, your continued use of the Website constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS OF USE. 

1. Use of the Website.  The Website and the content provided by Sunstone via the Website (collectively, the “Sunstone Properties”) are protected by copyright laws throughout the world.  Unless otherwise specified by Sunstone in a separate license, your right to use any Sunstone Properties is subject to the Terms of Use.
   
   1. Not Intended For Emergency Medical or Medical Monitoring Services. DO NOT USE THE WEBSITE OR SERVICES MADE AVAILABLE THEREIN FOR EMERGENCY MEDICAL NEEDS OR OTHER PROFESSIONAL MEDICAL ADVICE.  IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 IMMEDIATELY.  No information made available via Sunstone Properties is intended to be, and must not be taken as, the practice of medicine or counseling care.  Sunstone Properties are not intended to provide medical advice, clinical services or counseling care.  For the purposes of these Terms of Use, the practice of medicine and counseling care including, without limitation, psychiatry, psychotherapy, behavioral health counseling, pharmacy and the provision of health care advice, diagnosis, prognosis, or treatment relating to any medical or health-related condition.  Sunstone Properties are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical or health-related condition. Do not disregard, avoid or delay obtaining medical advice, care or treatment from your physician or other qualified healthcare provider due to any information acquired on Sunstone Properties.  Your access to and use of Sunstone Properties does not create any physician/patient, confidential, privileged, fiduciary or other similar relationship that would give rise to duties on our part.  Sunstone does not recommend or endorse any particular car provider, or any specific tests, professional service providers, clinics, facilities, products, procedures, opinions or other information provided or shared by others on Sunstone Properties.
      
   2. Electronic Signature Services.  The Website may offer users access to certain electronic signature/e-signature services.  Such e-signature services facilitate the completion and/or execution of documents between the parties to those documents, and nothing in this Terms of Use will be construed to make Sunstone party to any such document. Sunstone makes no representation or warranty regarding the transactions sought to be effected by any electronically signed document.  As between you and Sunstone, you have exclusive control over and responsibility for the content, quality and format of any document uploaded to the Website.  Sunstone is not responsible for determining how long any contracts, documents and other records are required to be retained or stored under any applicable laws, rules or regulations.  Further, Sunstone is not responsible for or liable to produce any documents uploaded by you or on your behalf to any third parties.
      
   3. Updates.  You understand that Sunstone Properties are evolving.  As a result, Sunstone may require you to accept updates to Sunstone Properties that you have installed on your computer or mobile device.  You acknowledge and agree that Sunstone may update Sunstone Properties with or without notifying you.  
      
   4. Certain Restrictions.  The rights granted to you in the Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Sunstone Properties or any portion of Sunstone Properties,  (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Sunstone Properties (including images, text, page layout or form) of Sunstone; (c) you shall not use any metatags or other “hidden text” using Sunstone’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Sunstone Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) access Sunstone Properties in order to build a similar or competitive website, application or service; (f) except as expressly stated herein, no part of Sunstone Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Sunstone Properties. Any future release, update or other addition to Sunstone Properties shall be subject to the Terms of Use.  Sunstone, its suppliers and service providers reserve all rights not granted in the Terms of Use.  Any unauthorized use of Sunstone Properties terminates the licenses granted by Sunstone pursuant to the Terms of Use.
      
   5. Unauthorized Use.  You agree that you will not, under any circumstances: (a) interfere with or damage Sunstone Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (b) modify or cause to be modified any files that are a part of Sunstone Properties; (c) disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support Sunstone Properties; or (ii) the enjoyment of Sunstone Properties by any other person; (d) access, tamper with or use non-public areas of Sunstone Properties, Sunstone’s computer systems, or the technical delivery systems of Sunstone’s providers; (e) attempt to probe, scan, or test the vulnerability of any Sunstone system or network, or breach any security or authentication measures; (f) disrupt or interfere with the security of, or otherwise cause harm to, Sunstone Properties, systems, resources, accounts, passwords, servers or networks connected to or accessible through Sunstone Properties or any affiliated or linked sites; or (g) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Sunstone or any of Sunstone’s providers or any other third party to protect Sunstone Properties.
      
   6. Third-Party Websites and Applications. Sunstone Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”).  When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left Sunstone Properties and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites and Third-Party Applications are not under the control of Sunstone.  Sunstone is not responsible for any Third-Party Websites or Third-Party Applications.  Sunstone provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or any product or service provided in connection therewith.  You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Website, the Agreement and policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 
      
2. Ownership
   1. Sunstone Properties.  You agree that Sunstone and its suppliers own all rights, title and interest in Sunstone Properties.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Sunstone Properties. Sunstone’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with Sunstone Properties are the trademarks of Sunstone and may not be used without permission in connection with any third-party products or services.  Other trademarks, service marks and trade names that may appear on or in Sunstone Properties are the property of their respective owners.
      
   2. Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to Sunstone through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Sunstone has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to Sunstone a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Sunstone Properties.
      
3. Indemnification.  You agree to indemnify and hold Sunstone, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Sunstone Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a)  your use of, or inability to use, Sunstone Properties; (b) your violation of the Terms of Use; or (c) your violation of any applicable laws, rules or regulations.  Sunstone reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sunstone in asserting any available defenses.  You agree that the provisions in this section will survive any termination of your Account, the Terms of Use or your access to Sunstone Properties.
   
4. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SUNSTONE PROPERTIES IS AT YOUR SOLE RISK, AND SUNSTONE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  SUNSTONE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  SUNSTONE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) SUNSTONE PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF SUNSTONE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUNSTONE PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN SUNSTONE PROPERTIES WILL BE CORRECTED.  THE WEBSITE MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SUNSTONE OR THROUGH SUNSTONE PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
   
5. Limitation of Liability
   1. Disclaimer of Certain Damages.  YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SUNSTONE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SUNSTONE PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, WHETHER OR NOT SUNSTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF SUNSTONE PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE SUNSTONE PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH SUNSTONE PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SUNSTONE PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO SUNSTONE PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
      
   2. Cap on Liability.  UNDER NO CIRCUMSTANCES WILL SUNSTONE PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) $100, AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A SUNSTONE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A SUNSTONE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A SUNSTONE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
      
   3. Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SUNSTONE AND YOU.  CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 
      
6. Term and Termination 
   1. Term.  The Terms of Use commence on the date when you access the Website and remain in full force and effect while you use the Website, unless terminated earlier in accordance with the Terms of Use.  Either party may terminate these Terms of Use upon notice to the other party.
      
   2. Effect of Termination.   Upon termination of these Terms of Use, your right to use Sunstone Properties will automatically terminate immediately. All provisions of the Terms of Use, which by their nature should survive, shall survive termination of these Terms of Use, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
      
7. International Users.  Sunstone Properties can be accessed from countries around the world and may contain references to services and content that are not available in your country.  These references do not imply that Sunstone intends to announce such services or content in your country.  Sunstone Properties are controlled and offered by Sunstone from its facilities in the United States of America. Sunstone makes no representations that Sunstone Properties are appropriate or available for use in other locations.  Those who access or use Sunstone Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
   
8. General Provisions
   1. Electronic Communications.  The communications between you and Sunstone use electronic means, whether you visit Sunstone Properties or send Sunstone e-mails, or whether Sunstone posts notices on Sunstone Properties or communicates with you via email.  For contractual purposes, you (1) consent to receive communications from Sunstone in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Sunstone provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.
      
   2. Assignment.  The Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Sunstone’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
      
   3. Force Majeure.  Sunstone shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
      
   4. Governing Law.  The Terms of Use and any action related thereto will be governed and interpreted by and under the laws of the State of Maryland, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
      
   5. Notice.  Where Sunstone requires that you provide an email address, you are responsible for providing Sunstone with your most current email address.  In the event that the last e-mail address you provided to Sunstone is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms of Use, Sunstone’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to Sunstone at the following address: 9905 Medical Center Drive, Suite 350, Rockville, MD, 20850. Such notice shall be deemed given when received by Sunstone by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
      
   6. Waiver.  Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
      
   7. Severability.  If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Entire Agreement.  The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.