Terms of Use

Terms and Conditions of Use

Date of Last Revision: March 10, 2024

AMONG OTHER ACTIVITIES, DR SUNRISE’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTHCARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN.

THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE.

THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT BY A LAWSUIT OR RESORT TO COURT PROCESS. THIS MEANS THAT (I) YOU ARE GIVING UP, AND YOU WAIVE, THE RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR A JUDGE (EXCEPT AS SET FORTH EXPRESSLY IN SECTION 16), AND (II) THAT YOU ARE GIVING UP, AND YOU WAIVE, THE ABILITY TO PURSUE ANY SUCH DISPUTE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE SEE SECTIONS 6, 9, 10 AND 16 FOR MORE INFORMATION.

Introduction

Sunrize, LLC and its affiliates (collectively, “Dr. Sunrise,” “we,” “us,” or “our”) own and operate the websites located at https://drsunrise.org/ and its affiliates’ sites (the “Websites”) and their associated mobile applications (“Apps”). We refer to the Websites, Apps, and other services provided by Dr. Sunrise together herein as the “Services.” In these Terms of Use, “you” and “yours” refer to the person using the Services.

These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to the Services. Your access to and use of the Services is subject to these Terms of Use, our Privacy Policy, and all applicable laws and regulations. In using certain parts of the Services, you may be presented with additional or supplementary terms regarding the use of those specific Services, and you agree to review and be bound by such additional terms.

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES.

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

These Terms of Use Contain the Following Sections:

• Availability

Certain Services are currently only available to individuals in certain states.

1. Services Overview, Availability, and Eligibility

Overview of the Services. The Services may include (i) providing individuals with information on health care and wellness; (ii) providing individuals with pharmacy services; (iii) providing individuals with access to technology-oriented tools for addressing specific health issues; (iv) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (v) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (vi) telecommunications support for using the Services as a means of direct access to a health care provider for communication, consultations, assessments, and treatment by such health care organizations and their providers.

Availability. Certain Services are currently only available to individuals in certain states. When using those parts of the Services, you will be notified of such limitations on availability in your location.

Dr. Sunrise is based in the United States. We provide the Services for use only by persons in the United States. We make no claims or representations that the Services or any material included in the Services are accessible or appropriate outside the United States. Access to the Services may not be legal by certain persons or countries. If you access the Services from outside the United States, you do so at your own risk and are solely responsible for compliance with local laws, including export laws as applicable.

Eligibility. Our Services are intended for use only if you are 18 or over. To qualify to use the Services, the following must be true, and by accessing or using the Services, you represent and warrant that they are true:

• You are age 18 or over, or if you are accessing the Services in violation of the Eligibility requirement related to age, you otherwise have the express consent of your parent or legal guardian. Note, however, that some Services may only be available to individuals over the age of 21, and in such circumstances, you will be notified of this requirement.
• You are in a state where we operate (depending on the type of Services).
• You agree to be legally bound by and comply with these Terms of Use.

You understand and agree that you will receive Services if you satisfy the above requirements. In addition to the above requirements, Dr. Sunrise and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

To access or use the Services, you must have compatible devices, access to the Internet, and specific necessary software. Fees may apply to your mobile services and Internet use.

2. Telehealth, Pharmacy, and At-Home Testing Services

Telehealth Services. Telemedicine involves delivering health care services using electronic communications, information technology, or other means between a health care provider and a patient not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education and may include, but is not limited to:

• Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
• Interactions between a patient and health care provider via audio, video, and/or data communications; and
• Use of output data from medical devices, sound, and video files.

The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information. They will include measures to safeguard your data to ensure its integrity against intentional or unintentional corruption or unlawful access. By accepting the Terms of Use, you agree and consent to Dr. Sunrise, the affiliated physician practices, the health care providers contracted or employed by the affiliated physician practices, and any other health care organization(s) or provider(s) with whom we partner to provide the Services to you sending you disclosures, notices, messages, reports, and other communications either in writing or electronically including without limitation through your account or by email. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us, any affiliated physician practice, any health care provider contracted or employed by an affiliated physician practice, or any health care organization(s) or provider(s) with whom we partner to offer the Services to you liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications. Moreover, you acknowledge and agree that no means of electronic transmission can be guaranteed 100% secure. By accessing or using the Services, you agree to us transmitting health and other information to you electronically and that any information sent to or signed by you or us electronically shall be deemed equivalent to such information as if such information was provided or signed in writing.

Please see our Consent to Telehealth, available at https://drsunrise.org/pages/consent-to-telehealth, for additional information about the risks and benefits of telehealth. The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of them.  Please also see Section 20 below for additional terms for using certain services and products on the Services.

Your Relationship with Dr. Sunrise. Dr. Sunrise does not provide any medical services, including those provided via the Services. Instead, Dr. Sunrise provides a technology platform for you to access a health care provider who is employed or contracted with a Dr. Sunrise affiliated physician practice and access additional information, which you may or may not utilize in planning your health care and wellness. The health and wellness resources available through our Services are for informational purposes only. They are not a substitute for direct in-person health care services in all cases nor an indicator of specific results. The decision to focus on diagnosis, treatment recommendations, or both rests with you and the health care provider. You understand that you are not entering into a provider-patient relationship with Dr. Sunrise by coordinating and consulting with an affiliated physician practice or its health care providers through the Services.

Except for specific communications from an affiliated physician practice or its health care providers, none of the information you receive through the Services should be considered medical advice.

No Insurance Accepted; Notice of Your Financial Responsibility. Dr. Sunrise and the affiliated physician practices do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans and are not enrolled with federal or state health care programs, such as Medicare and Medicaid. Using the Services, you choose to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a federal health program beneficiary, you agree that neither you, Dr. Sunrise, the affiliated physician practices, or any of the health care organization(s) or provider(s) with whom we partner to provide health care and pharmacy services to you will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services. Please also see Section 14 below for additional terms applicable to your payment obligations.

Pharmacy Services. If you receive a prescription as a result of your use of the Services, you may select Dr. Sunriseman Health Pharmacy LLC or one of our partner pharmacies (collectively, the “Dr. Sunrise Pharmacy Network”) to ship your prescription. You may also choose to have your prescription fulfilled through the pharmacy of your choice when prompted during your use of the Services. You give us consent to send and disclose to the Dr. Sunrise Pharmacy Network or the pharmacy of your choice all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location, and demographic information) so that you may receive pharmacy services.

If you select to use the Dr. Sunrise Pharmacy Network to fulfill any prescriptions, you acknowledge that your medication will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.

At-home Testing Services.

At-home sample collection kits and laboratory services available through the Services may require a valid order by a licensed health care provider. We or our subsidiaries have partnered with a licensed healthcare provider in your state to review your request for at-home testing (the “Reviewing Provider”). You agree that at-home testing services are only for informational, educational, and wellness purposes. They are not intended to be diagnostic. You further understand and agree that you do not establish a provider-patient relationship with the Reviewing Provider due to your use of the Services.

We will send or cause to be sent the requested test kit to your address after any required health care provider review and approval. You must follow the instructions that accompany the kit to register your kit, collect the applicable biological sample(s), complete any required documentation, and return such biological samples and documentation to the applicable laboratory that performs the testing (the “Lab”). Follow the instructions to ensure the Lab processes your samples.

The Lab sends the test results to the reviewing provider, who releases them to us. We provide the test results to you via the Services. You understand and agree that you are responsible for bringing your results to your primary healthcare provider for interpretation and for informing decisions about your health and treatment.

3. Registration and Account Creation

Although certain parts of the Services are accessible without creating an account, you may be required to create an account to access and use certain parts of the Services. If you create an account, you agree to provide accurate, complete and correct information and to maintain and update any information about yourself that you have provided to Dr. Sunrise. If you do not maintain such information, or Dr. Sunrise has reasonable grounds to suspect as much, Dr. Sunrise has the right to suspend or terminate your account and use of the Services. You agree to keep your username and password confidential and exit your account at each session’s end. You are responsible for all activities under your account and maintaining your password’s confidentiality. You also agree to immediately notify Dr. Sunrise of any unauthorized use of your username, password or any other security breach that you become aware of involving or relating to the Services by emailing Dr. Sunrise at drsunrize@gmail.com. Dr. Sunrise may take any and all actions it deems necessary or reasonable to maintain the security of the Services.

You are responsible for promptly changing your password if you think it has been compromised. You may not transfer or share your password with anyone or create multiple accounts. You may not use anyone else’s account at any time. Dr. Sunrise explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

Our Apps are intended only for mobile phones that run an unmodified manufacturer-approved operating system. Using the Apps on a mobile phone with a modified operating system may undermine security features intended to protect your protected health information and other information from unauthorized or unintended disclosure. As a result, you may compromise your information if you use the App on a modified mobile phone. Using the App on a mobile phone with a modified operating system is a material breach of these Terms of Use.

4. Privacy

Dr. Sunrise understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy, available at https://drsunrise.org/pages/privacy-policy, for information about how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

5. Ownership and License to Use the Services

Ownership. As between Dr. Sunrise and you, Dr. Sunrise is the sole and exclusive owner of all rights, title and interest in and to the Services and their content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel) (“Services Content”). You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Services or Services Content except as permitted by these Terms of Use or otherwise by Dr. Sunrise expressly in writing. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services or Services Content shall be owned solely and exclusively by Dr. Sunrise or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Services or Services Content.

Specific names, logos, and other materials displayed in and through the Services may constitute trademarks, trade names, service marks or logos (“Marks”) of Dr. Sunrise or its affiliates. You are not authorized to use any such Marks without the express written permission of Dr. Sunrise. Ownership of all such Marks and the goodwill associated in addition to that remains with us or our affiliates.

Your License. Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and non-transferable right to view, download, access, and use the Services and Services Content solely for your personal and non-commercial use and only as permitted under these Terms of Use and the Privacy Policy. No other right, title, or interest in or to the Services or Services Content is transferred to you, and Dr. Sunrise or its licensors reserve all rights not expressly granted.

6. User Content and Dr. Sunrise’s License to Use Such Content

Except as provided in our Privacy Policy; or information governed by applicable federal and state-specific privacy laws and regulations, you understand and agree that any information you provide through the Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions/feedback, will be treated as non-confidential and non-proprietary and will become the property of Dr. Sunrise and/or (i) the affiliated physician practices, or (ii) individual health providers utilizing the Services (“User Content”).

Except as provided in our Privacy Policy or subject to any applicable laws, Dr. Sunrise may use User Content for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting, and Dr. Sunrise shall be free to use such User Content for any purpose whatsoever, including, without limitation, developing and marketing products using such information, without any compensation owed to you. You hereby grant Dr. Sunrise, our service providers, our successors and assigns, our affiliated health care providers, and their affiliated physician practices the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Services to provide Services to you; marketing Services to you; conduct research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Dr. Sunrise using such data. You understand that any User Content you publish in public forums will be viewable and copyable by other forum users and potentially the public.

WITHOUT LIMITATION OF THE PRECEDING, DR SUNRISE DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE USER CONTENT FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE USER CONTENT CONTAINED THEREIN.

You acknowledge, consent, and agree that we may access, monitor, preserve, and disclose your information and/or any User Content you submit or make available for inclusion on the Services if required to do so by law or in good faith belief that such access, preservation, or disclosure is permitted by law or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms of Use, our Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; (4) to respond to your requests for customer service; and (5) to protect the rights, property, or personal safety of Dr. Sunrise, its agents and affiliates, its users, and the public. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.

7. Copyright Notices

Dr. Sunrise reserves the right to remove any content, material, or information available on or through our Services for any reason. Dr. Sunrise otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended) and responds to clear notices of alleged copyright infringement. This section describes the procedure for filing a notification of alleged copyright infringement with Dr. Sunrise.

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Services, you may submit a notification to our Designated Agent at the following address:

Copyright Agent, drsunrize@gmail.com

Any notification to Dr. Sunrise under 17 U.S.C. § 512(c) alleging copyright infringement must include all the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed.
• An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if a single notification covers multiple copyrighted works, a representative list of such works.
• An identification of the content or material that you claim is infringing and where it is located on our Services.
• Please provide information sufficient for Dr. Sunrise to contact you, such as your address, telephone number, and/or email address.
• A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law.
• A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

8. Restrictions on Use

You agree that in using or accessing the Services, you will not, and will not attempt to:

• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
• Violate local, state, national or international law (including export laws).
• Reverse engineer, disassemble, decompile, or translate any software or other components of the Services.
• Distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or the Services, or any other system, device, or property.
• Access or use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any third party’s intellectual property right or other right.
• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.
• License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services, Service Content, or User Content other than as expressly permitted herein.
• Create or develop competing products or services for any other purpose to Dr. Sunrise’s detriment or commercial disadvantage.
• Damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the Services, Service Content, or User Content, in whole or in part.
• Use framing techniques to enclose any trademark, logo, or the Services without our express prior written consent.
• Post, transmit or otherwise disseminate any content that, as we determine at our sole discretion, (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libellous, defamatory, vulgar, obscene, hateful, violent, demeaning, intimidating, discriminatory, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, affiliated healthcare providers, affiliated healthcare practices, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner; or (iv) attempts to obtain the personal information of other users.
• Harm, harass, threaten, abuse, defame, demean, discriminate against, or intimidate any affiliated health care provider who provides services related to the Services, as we determine in our sole discretion.
• Do not disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Services or any computer network.
• You may bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Dr. Sunrise or any of our service providers to protect the Services.
• Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services or any Service Content or User Content.
• Use any manual process or automated device to monitor or copy any content made available on or through the Services for any unauthorized purpose except as permitted herein.
• To transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Dr. Sunrise or third-party content from the Services.
• Otherwise, use the Services in any manner that exceeds the scope of use granted herein.
• Encourage or enable any other individual to do any of the preceding.

9. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT THE SERVICES ‘ USE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DR. SUNRISE AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PHYSICIAN PRACTICES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”), MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER DR. SUNRISE NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SERVICES, SERVICES CONTENT, AND USER CONTENT. FURTHERMORE, DR. SUNRISE DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND DR. SUNRISE DISCLAIMS ANY LIABILITY RELATING TO IT.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR INFORMATION.

10. Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL DR. SUNRISE, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SERVICES OR ANY SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. THIS IS TRUE EVEN IF DR. SUNRISE OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN NO EVENT SHALL DR. SUNRISE OR IT’S RELATED PERSONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages, such as in this section. Accordingly, some of these limitations may not apply to you. If you are a resident of New Jersey or another U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Dr. Sunrise, its affiliates, its affiliated healthcare practices, its subsidiaries, and all of their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, (i) your use of the Services, or your use of the materials or features available on the Services, in an unauthorized manner, (ii) your fraud, violation of law, negligence, or willful misconduct, or (iii) any breach by you of these Terms of Use.

12. Third-Party Links and Features on the Services

The Services may contain hyperlinks, plug-ins, products, or features operated by third parties (“Third-Party Services”). Such Third-Party Services are not under our control; therefore, we are not responsible for the information, products or services described by or for the content or features of any such Third-Party Services. We are providing these Third-Party Services to you only as a convenience, and the inclusion of any Third-Party Services does not necessarily imply endorsement of the Third-Party Services or any association with its operators. Your use of these Third-Party Services is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with the use of or reliance on information contained in or provided to Third-Party Services. You may have arrived at the Services through a Third-Party Service. You understand and agree that we are not responsible for the information, products or services described on those Third-Party Services, and only these Terms of Use will apply to your use of or access to the Services.

Moreover, we are not involved in any actual transaction between any user and another user or third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any user and another user or third party relating to or arising from any transaction between such parties. We urge users and third parties to cooperate to resolve any such disputes. If you have a dispute with one or more other users or third parties through your use of the Services, you release Dr. Sunrise, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

13. Changes to the Terms of Use and the Services

The Services are continually under development, and Dr. Sunrise reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. You should check the Terms of Use from time to time when you use the Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Services unless applicable law requires us to provide additional notice or take other actions before such changes become effective. If you disagree with these Terms of Use, your sole and exclusive remedy is discontinuing your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

You acknowledge and agree that (1) all or any part of the Services may not be accessible at any time, for any period, or any reason; and (2) Dr. Sunrise will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. Dr. Sunrise reserves the right at any time and for any reason to modify or, temporarily or permanently discontinue the Services or any portion thereof, with or without notice. You agree that Dr. Sunrise shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

14. Payments

You agree to pay all fees due for services requested at checkout and under all payment terms presented to you when engaging in transactions. Prices are subject to change at any point in our sole discretion. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due, including recurring fees associated with Subscription Services (as defined below).

You understand and agree that you are responsible for all fees to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s) that provide services to you in connection with the Services. Your payments to Dr. Sunrise may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which Dr. Sunrise collects on their behalf. Any health care services or pharmacy services not provided by us, an affiliated physician practice, or the Dr. Sunrise Pharmacy Network, or otherwise made available through the Services are not included in the payments collected by Dr. Sunrise, and you may be separately charged by the applicable health care organization(s) and/or provider(s) for such services. If your credit card expires or Dr. Sunrise, our affiliates, or our third-party payment processors cannot process your payment, you may receive notice for you to provide an alternative payment method. Dr. Sunrise and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified. You are responsible for keeping your payment information (such as credit card number and billing address) accurate and up to date at all times.

Certain products or services offered on the Services may be offered on a subscription basis (“Subscription Services”). For Subscription Services, your payment method will be automatically charged at regular intervals as described during the checkout process for the applicable Subscription Services. Depending on the specific Service you select, you may be charged when you submit a request (for instance, a treatment request). The products or services purchased will begin to be provided after all onboarding steps are complete (for instance, after your treatment request is approved by a provider and you provide all required information). For other Services, you may only be charged once all required onboarding steps are completed.

You may cancel a Subscription Service to prevent future renewals at any time before the cancelation cut-off date as indicated to you at the time you purchase a Subscription Service. You will also be informed about how you can cancel these Subscription Services.

EXCEPT AS OTHERWISE OUTLINED IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU ON THE SERVICES AND AS EXPLAINED BELOW, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES, ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

You will automatically be refunded if we have already charged your payment method and you are subsequently deemed unsuitable for treatment, or we reject your treatment request for any other reason. These refunds (along with all refunds described in these Terms or otherwise provided by Dr. Sunrise) may take five (5) business days or longer to process.

If you submit a treatment request but do not complete the additional onboarding steps we require in order to process your request for certain Subscription Services, your treatment request may expire. If your payment method has already been charged, you will automatically be refunded when a treatment request expires. In order to receive the desired Services, you will need to initiate a new treatment request. 

When you submit a treatment request, your provider may suggest an alternative treatment plan that better aligns with your health needs. When this occurs, you will be prompted to accept the suggested alternative. If you accept the suggested alternative treatment plan and your payment method has already been charged, the initial charge will be refunded automatically, and you will incur a new charge for the alternative treatment plan. If you take no action and do not accept the alternative treatment plan, your treatment request may expire (at which point you will automatically be refunded if your payment method has already been charged). Once expired, to receive the desired Services, you will need to initiate a new treatment request.

15. Termination

The Terms of Use will remain in full force and effect as long as you continue to access or use the Services. You may terminate the Terms of Use at any time by discontinuing the use of the Services. Your permission to use the Services automatically terminates if you violate these Terms of Use.

Dr. Sunrise may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Services with or without prior notice, for any reason, and at any time, including for violations of these Terms of Use. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.

Subject to applicable law, Dr. Sunrise reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. After such termination, Dr. Sunrise will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical, and professional obligations to you. You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold Dr. Sunrise harmless from any and all liability that Dr. Sunrise may incur, therefore.

16. Governing Law; Dispute Resolution; Arbitration; Venue; Severability

IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND DR. SUNRISE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DR. SUNRISE. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND DR. SUNRISE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Governing Law. These Terms of Use and your use of the Services shall be governed by the laws of the State of Delaware without giving effect to the principles of conflict of laws. Subject to the requirement to arbitrate outlined in this Section 16, the state and federal courts located in New York, New York, will have exclusive jurisdictions for all disputes that do not require arbitration, and you consent to the jurisdiction of those courts.

Binding Arbitration, generally. Except as described in the “Exceptions” section below, you and Dr. Sunrise agree that every dispute arising in connection with these Terms of Use, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims, whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation, common law, constitutional provision, respondent superior, agency or any other legal or equitable theory, regardless of whether a claim arises after the termination of these Terms of Use, and regardless of whether a claim arises before or after the effective date of these Terms of Use. The arbitrator will resolve any dispute relating to this binding arbitration agreement’s interpretation, applicability, or enforceability.

Exceptions. Although we agree to arbitrate most disputes between us, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to (a) bring an individual action in small claims court, (b) file suit in a court of law to address an intellectual property infringement claim; or (c) seek injunctive relief in a court of law in a state or federal court in New York, New York.

Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Use. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Dr. Sunrise.

Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Dr. Sunrise’s address for the Notice is Dr. Sunriseman Health Ventures Inc., 116 W. 23rd Street, 4th Floor, New York, New York, 10011. Attention: General Counsel. A copy of all Notices of Arbitration must also be emailed to Dr. Sunrise at drsunrize@gmail.com. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good-faith efforts to resolve the claim directly. Still, if the parties do not agree to do so within 30 days after the Notice of Arbitration is received, you or Dr. Sunrise may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Dr. Sunrise will reimburse you for your payment of the filing fee unless your claim is for more than US$10,000 or if Dr. Sunrise has received 25 or more similar demands for arbitration, in which case the AAA Rules will decide the payment of any fees. If the arbitrator finds that the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards outlined in Federal Rule of Civil Procedure 11(b)). The AAA Rules will govern the payment of all fees, and Dr. Sunrise may seek reimbursement for any fees paid to AAA.

Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely based on documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or Dr. Sunrise must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

Arbitration Relief. Except as provided in the “No Class Actions” section below, the arbitrator can award any relief available if the claims have been brought in a court of competent jurisdiction. The arbitrator’s award shall be final and binding on all parties. Judgment on the award may be entered in any court having jurisdiction.

No Class Actions. YOU AND DR. SUNRISE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless you and Dr. Sunrise agree otherwise in writing, the arbitrator may only consolidate up to one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR DR. SUNRISE WANTS TO ASSERT A DISPUTE AGAINST THE OTHER THAT IS SUBJECT TO ARBITRATION UNDER THESE TERMS OF USE, THEN YOU OR DR. SUNRISE MUST COMMENCE SUCH DISPUTE BY DELIVERY OF A NOTICE OF ARBITRATION WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.

Severability. All parts of these Terms of Use apply to the maximum extent law permits. Dr. Sunrise and you agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

17. Communications by Text Message and Email

By opting in to receive text (SMS) messages from Dr. Sunrise or by sending Dr. Sunrise an initial text message (an “SMS Enrollment”), you consent to receive text messages regarding your Dr. Sunrise account and use of the Services. These text messages may include order confirmations, shipping notifications, messages from your healthcare provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted-in to receive such messages from Dr. Sunrise.

With your SMS Enrollment, you represent and understand that: (1) you are the owner or authorized user of the mobile device you used to initiate the SMS Enrollment, (2) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from Dr. Sunrise, (3) you will be responsible for all messaging and other data charges that may apply for any text messages sent to you from Dr. Sunrise, or Dr. Sunrise to you, and (4) neither Dr. Sunrise nor your or Dr. Sunrise’s mobile carriers, will be liable for delayed or undelivered messages.

Note that access to the Services is not conditioned upon your consent to receive marketing or promotional text messages from Dr. Sunrise, and you can opt out of any of Dr. Sunrise’s SMS services at any time by texting “STOP” to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send us the “STOP” text message, we may send you one final text message to confirm that you have been unsubscribed. If you have opted-in to receive more than one type of text message from Dr. Sunrise, you must opt out of each Dr. Sunrise SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from Dr. Sunrise that you have opted-in to receive but have not unsubscribed from.

You also understand that while Dr. Sunrise takes your privacy and the security of your health and other sensitive information very seriously, transmitting information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from Dr. Sunrise are not encrypted, which means that third parties may intercept them. If you choose to send or receive information about your health or any other sensitive information by text or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending text messages to Dr. Sunrise and receiving text messages from Dr. Sunrise that are not encrypted. Likewise, by emailing Dr. Sunrise or giving Dr. Sunrise your email, you consent to receive unencrypted email messages from Dr. Sunrise.

If you are experiencing any issues with Dr. Sunrise’s text messaging or email services or have concerns about sending or receiving sensitive information through text or email, please get in touch with us directly at drsunrize@gmail.com. If you have questions specific to your text or data plan, please get in touch with your wireless provider.

18. Miscellaneous Terms

No waiver. Dr. Sunrise’s waiver of any term or condition set forth in these Terms of Use shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Dr. Sunrise to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

No agency relationship. Neither these Terms of Use nor any Services Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between you and us. You may not enter any contract on our behalf or bind us in any way.

Remedies. You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Assignment. You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Dr. Sunrise and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations under these Terms of Use if some or all of Dr. Sunrise’s business is transferred to another entity by way of merger, sale of its assets, or otherwise.

Notice for California Users. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.

Headings. The heading references herein are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.

Entire Agreement. This is the entire agreement between you and Dr. Sunrise relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties concerning said subject matter, excluding any other agreements that you may have entered into with Dr. Sunrise.

19. Contact Us

If you have any questions about these Terms of Use, please get in touch with us at:

drsunrise@gmail.com

20. Additional Terms for Specific Products and Services

Dr. Sunrise Program Terms and Conditions

Overview of Dr. Sunrise. This section describes additional terms and conditions applicable to your participation in the Dr. Sunrise Program (“Dr. Sunrise “) offered through Dr. Sunrise and the affiliated professional entities that provide services on the Dr. Sunrise platform. Dr. Sunrise is designed to provide access to routine and necessary services for the management of mild to moderate generalized anxiety disorder and major depressive disorder through pharmacotherapy. Dr. Sunrise is a primary care offering not intended for emergencies, by patients seeking crisis counselling or therapy, or by patients with psychiatric needs that psychiatric specialists should treat. Dr. Sunrise is a membership-based service through which eligible Members can obtain limited medical care, including medication at the discretion of the Member’s provider and pharmacy services for a recurring monthly payment. Dr. Sunrise is not health insurance or a substitute for health insurance, does not meet any individual health insurance mandate under federal or state law, and cannot replace your relationship with your psychiatric specialist or therapist. You should keep your existing health insurance coverage while participating in Dr. Sunrise or obtain health insurance coverage if you do not currently have it.

As a primary care offering, Dr. Sunrise features medical care available during regular business hours, Monday through Friday, 9:00 a.m. Eastern Time to 6:00 p.m. Eastern Time, excluding holidays. Your provider will review messages within 48 hours or sooner. Dr. Sunrise is not an emergency or on-call service available 24 hours a day, seven days a week. The operating hours of the Dr. Sunrise Care Team (available to answer account or shipping-related questions by email at drsunrise@gmail.com) are Monday through Friday, 9:30 a.m. Eastern Time to 6:00 p.m. Eastern Time.

In the case of an emergency or if you are otherwise in crisis, call 911 immediately. If you are thinking of hurting yourself or having thoughts of not wanting to live, call the National Suicide Prevention Lifeline anytime at 1-800-273-8255 (en Español 1-888-628-9454) or go to the nearest emergency room. You can also use the 24/7 Crisis Text Line by texting “HOME” to 741-741.

Onboarding and diagnosis. To participate in Dr. Sunrise, you must be evaluated by a doctor or nurse practitioner on the Dr. Sunrise platform and, in the professional judgment of such health care provider, meet the clinical criteria for participation. To be evaluated for participation, you must complete an initial onboarding telehealth medical assessment, including a video visit (the “Dr. Sunrise Diagnosis Online Visit”) with a doctor or nurse practitioner. If, following a review of the Dr. Sunrise Diagnosis Online Visit, your healthcare provider determines that you are a good candidate for treatment through Dr. Sunrise, they may initiate such treatment by writing you a prescription.

You acknowledge and agree that, even if you do not meet the clinical criteria for participation in Dr. Sunrise, you may be responsible for payment of the cost of the Dr. Sunrise Diagnosis Online Visit and such cost is not included in the Dr. Sunrise  Membership Fee (as defined below).

Dr. Sunrise Membership and Additional Services. Your membership in Dr. Sunrise (“Dr. Sunrise Membership”), including your ability to access the Dr. Sunrise Membership Services and your obligation to pay Dr. Sunrise  Membership Fees (each as defined below), will commence when your healthcare provider communicates your care plan, risks and benefits of treatment, and you acknowledge such and elect to proceed with participation in Dr. Sunrise.

Dr. Sunrise includes:

• Up to three (3) discrete medical consults per month with your Dr. Sunrise-affiliated health care provider, all of which will be set on a pre-scheduled basis according to your personalized care plan;
• Secure messaging with your Dr. Sunrise-affiliated healthcare provider between discrete medical consults and
• Fulfillment of prescription medication (as prescribed), if you choose to have your prescription filled by the Dr. Sunrise Pharmacy Network, with free two-day shipping

(the “Dr. Sunrise Membership Services”).

In some instances, you or your health care provider may request that you complete services (e.g., medical consults) above the Dr. Sunrise Membership Services. For each medical consult after the third consult per month (the “Dr. Sunrise Additional Services”), you will be charged a separate fee (the “Dr. Sunrise Additional Services Fee”). You will be charged a Dr. Sunrise Additional Services Fee of $30.00 for each additional consult. As part of your participation in Dr. Sunrise, you agree that any Dr. Sunrise Additional Services Fees you incur can be charged to your payment card or PayPal account on file within seven (7) days of the date such Dr. Sunrise Additional Services are rendered.

The Dr. Sunrise Membership Services may change from time to time. You will be given thirty (30) days notice of any such change. You may accept the revised Dr. Sunrise Membership Services by continuing in Dr. Sunrise or reject them by terminating your Dr. Sunrise.

Payment of Dr. Sunrise Membership Fee. You will have an opportunity to review and agree to the cost of Membership (the “Dr. Sunrise Membership Fee”) during the checkout process that is part of the Dr. Sunrise Diagnosis Online Visit and at the time of each renewal visit after the Dr. Sunrise Diagnosis Online Visit. You may also view the costs associated with Dr. Sunrise Membership on the Dr. Sunrise webpage here. Once you begin participation in Dr. Sunrise, your Dr. Sunrise Membership Fee will be charged to your payment card or PayPal account on file each month when the Dr. Sunrise Pharmacy Network fills your prescription. Your exact payment date will depend on your treatment plan and the timing of your participation in plan renewal visits with your provider. If you receive a prescription of 30 days or less, your billing date will depend on when you complete a plan renewal visit with your provider and receive a new prescription. If you receive a prescription of more than 30 days, you will be automatically billed regularly until your refills run out or your Dr. Sunrise Membership is cancelled. The initial payment must be made the day your Dr. Sunrise Membership commences. Once paid, your Dr. Sunrise Membership Fee is non-refundable. You may cancel your Dr. Sunrise Membership anytime by emailing us at drsunrize@gmail.com or logging into your Secure User account.

If you choose to have your prescription filled at a local pharmacy, your Dr. Sunrise Membership Fee will not include the cost of medication and pharmacy fulfillment. If you transfer your prescription from a local pharmacy to the Dr. Sunrise Pharmacy Network, the medication and pharmacy fulfillment cost will be added to your Dr. Sunrise Membership Fee at the beginning of the next billing cycle. You may transfer your prescription to a local pharmacy or the Dr. Sunrise Pharmacy Network at any time by emailing us at drsunrize@gmail.com.

Cancelling your Dr. Sunrise Membership. If you would like to cancel your membership for any reason, you may do so at any time by logging into your Secure User account (see the Dr. Sunrise Treatment Details Page accessible under the Treatments tab in your account; select “Discontinue treatment”) or email us at drsunrize@gmail.com.

Effect of Dr. Sunrise Membership cancellation. When you cancel, you will not be charged any additional monthly Dr. Sunrise Membership Fee payments. You will receive Dr. Sunrise Membership Services through the last day of the monthly billing cycle for which you have paid the monthly Dr. Sunrise Membership Fee (the “Last Billing Cycle”). After that, other than messaging your Dr. Sunrise-affiliated healthcare professional through Dr. Sunrise’s secure messaging application, you will not be eligible to receive any Dr. Sunrise Membership Services. You may complete a new Dr. Sunrise Diagnosis Online Visit to talk to a Dr. Sunrise-affiliated healthcare professional about re-joining Dr. Sunrise.

Please note: If you cancel your Dr. Sunrise Membership by selecting “Discontinue treatment,” you will lose access to prescription refills through the Dr. Sunrise Pharmacy Network. It would be best if you talked to your Dr. Sunrise-affiliated healthcare professional before discontinuing your medication. Abruptly stopping certain medications for mental health conditions can impact your health.

There is no representation, warranty, or guarantee of the continued availability of Dr. Sunrise. NEITHER DR. SUNRISE NOR THE AFFILIATED PROFESSIONAL ENTITIES MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONTINUED AVAILABILITY OF DR. SUNRISE. DR. SUNRISE MAY BE DISCONTINUED AT ANY TIME AT THE SOLE DISCRETION OF DR. SUNRISE AND/OR THE AFFILIATED PROFESSIONAL ENTITIES. YOU WILL BE GIVEN 30 DAYS’ NOTICE OF ANY SUCH DISCONTINUATION SO THAT YOU MAY FIND A LOCAL PROVIDER WITH WHOM TO CONTINUE TREATMENT.

Members Treatment Program Terms and Conditions

This section describes additional terms and conditions applicable to your participation in the Members Treatment Program (“Members Program”) offered through Dr. Sunrise and the affiliated professional entities that provide services on the Dr. Sunrise platform. The Member’s Program is designed to provide access to routine and necessary services for managing Members with pharmacotherapy. The Member’s program is a primary care offering not intended for use in emergencies, by patients seeking crisis counselling or therapy, or by patients with specialized needs that appropriate specialists should treat. The Member’s Program is a membership-based service through which eligible Members can obtain limited medical care at the discretion of the Member’s provider, including medication, laboratory testing and pharmacy services for a recurring monthly payment. The Member’s Program is not health insurance or a substitute for health insurance, does not meet any individual health insurance mandate under federal or state law, and cannot replace your relationship with any specialty provider. You should keep your existing health insurance coverage while participating in the Members Program or obtain health insurance coverage if you do not currently have it.

As a primary care offering, the Members Program features medical care available during regular business hours, Monday through Friday, 9:00 a.m. Eastern Time to 6:00 p.m. Eastern Time, excluding holidays. Your provider will review messages within 48 hours or sooner. The Member’s Program is not an emergency or on-call service available 24 hours a day, seven days a week. The operating hours of the Dr. Sunrise Care Team (available to answer account or shipping-related questions by email at drsunrize@gmail.com) are Monday through Friday, 9:00 a.m. Eastern Time to 6:00 p.m. Eastern Time. In the case of an emergency or if you are otherwise in crisis, call 911 immediately.

Onboarding and diagnosis

To participate in the Members Program, you must be evaluated by a healthcare provider on the Dr. Sunrise platform and, in the professional judgment of such provider, meet the clinical criteria for participation. To be evaluated for participation, you must complete an initial onboarding telehealth medical assessment, including a phone or video visit (the “Diagnosis Online Visit”) with a doctor or nurse practitioner. If, following a review of the Diagnosis Online Visit, your healthcare provider determines that you are a good candidate for treatment through the Members Program, they may initiate such treatment by writing you a prescription.

Program Membership and Additional Services

Your membership in the Members Program (“Program Membership”), including your ability to access Membership Services and your obligation to pay Membership Fees (each as defined below), will commence when your healthcare provider communicates your care plan, risks and benefits of treatment, and you acknowledge such and elect to proceed with participation in the Members Program.

The Members Program includes:

• Up to two (2) discrete medical consults per month with your Dr. Sunrise-affiliated health care provider, all of which will be set on a pre-scheduled basis according to your personalized care plan;
• Secure messaging with your Dr. Sunrise-affiliated healthcare provider between discrete medical consults;
• Between two (2) to five (5) laboratory tests per year, as ordered by your Dr. Sunrise-affiliated health care provider on a pre-scheduled basis according to your personalized care plan and the timing of your renewal visits; and
• Prescription medication will be fulfilled (as prescribed) if you choose to have your prescription filled by the Dr. Sunrise Pharmacy Network. Two-day shipping is included.

(the “Members Membership Services”).

In some instances, you or your health care provider may request that you complete services (e.g., medical consults or laboratory testing) over the Members Membership Services (the Members Additional Services”). After the third consult per month, each medical consult will be charged a separate fee of $15.00 per additional consult. For each laboratory test after the fifth test per year, you will be charged a separate fee based on what tests are ordered (in each case, the “Members Additional Services Fee”). As part of your participation in the Members Program, you agree that any Members Additional Services Fees you incur can be charged to your payment card or PayPal account on file within seven (7) days of the date such Additional Services are rendered.

The Members Membership Services may change from time to time. You will be given thirty (30) days notice of any such change. You may accept the revised Members Membership Services by continuing in the Members Program or reject them by terminating your Members Program Membership.

Payment of Members Program Membership Fee

You will have an opportunity to review and agree to the membership cost (the “Members Membership Fee”) during the checkout process, which is part of the Members Diagnosis Online Visit. You may also view the costs associated with Members Membership on the Members Program webpage located here. Once you begin participation in the Members program, your Members Membership Fee will be charged to your payment card or PayPal account on file each month. Your exact payment date may depend on your treatment plan and the timing of your participation in plan renewal visits with your provider. You will be automatically billed on a recurring, monthly basis until your refills run out or your Members Program Membership is cancelled. The initial payment must be made the day your Members Program Membership commences. Once paid, your Members Program Membership Fee is non-refundable. You may cancel your Members Program Membership anytime by emailing us or logging into your Secure User account.

If you choose to have your prescription filled at a local pharmacy, your Members Program Membership Fee will not include the cost of medication and pharmacy fulfillment. If you transfer your prescription from a local pharmacy to the Dr. Sunrise Pharmacy Network, the medication and pharmacy fulfillment cost will be added to your Members Program Membership Fee at the beginning of the next billing cycle. You may transfer your prescription to a local pharmacy or the Dr. Sunrise Pharmacy Network at any time by emailing us at drsunrize@gmail.com.

Cancelling your Members Program Membership

If you would like to cancel your Membership for any reason, you may do so at any time by logging into your Secure User account (see the Members Program Treatment Details Page accessible under the Treatments tab in your account; select “Discontinue treatment”) or email us at drsunrize@gmail.com.

Effect of Members Program Membership cancellation

You will not be charged any additional monthly Members Program Membership Fee payments when you cancel. You will receive Members Program Membership Services through the last day of the monthly billing cycle for which you have paid the monthly Members Program Membership Fee (the “Last Billing Cycle”). After that, other than messaging your Dr. Sunrise-affiliated health care professional through Dr. Sunrise’s secure messaging application, you will not be eligible to receive any Members Program Membership Services. You may complete a new Members Program Diagnosis Online Visit to talk to a Dr. Sunrise-affiliated healthcare professional about re-joining the Members Program.

Please note: If you cancel your Members Program Membership by selecting “Discontinue treatment,” you will lose access to prescription refills through the Dr. Sunrise Pharmacy Network. Before discontinuing your medication, you should talk to your Dr. Sunrise-affiliated healthcare professional. Abruptly stopping certain medications for health conditions may impact your health.

There is no representation, warranty, or guarantee of continued availability of the Members Program.

NEITHER DR. SUNRISE NOR THE AFFILIATED PROFESSIONAL ENTITIES MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONTINUED AVAILABILITY OF THE Members PROGRAM. THE MEMBERS PROGRAM MAY BE DISCONTINUED AT ANY TIME AT THE SOLE DISCRETION OF DR. SUNRISE AND/OR THE AFFILIATED PROFESSIONAL ENTITIES. YOU WILL BE GIVEN 30 DAYS’ NOTICE OF ANY SUCH DISCONTINUATION SO THAT YOU MAY FIND A LOCAL PROVIDER WITH WHOM TO CONTINUE TREATMENT.

Dr. Sunrise Body Program Terms and Conditions

This section describes additional terms and conditions applicable to your participation in the Dr. Sunrise Body Program (“Dr. Sunrise Body Program”) offered through Dr. Sunrise and the affiliated professional entities that provide services on the Dr. Sunrise platform. The Dr. Sunrise Body Program is designed to provide access to routine and necessary services for weight loss with pharmacotherapy. The Dr. Sunrise Body program is a primary care offering that is not intended for use in emergencies, mental health crises, or by patients with specialized needs that appropriate specialists should treat. The Dr. Sunrise Body Program is a membership-based service through which eligible Members can obtain limited medical care at the discretion of the Member’s provider, including physician services and laboratory testing, for a recurring monthly payment. Although a member’s provider may prescribe medication as appropriate, the medication cost is not included in the Dr. Sunrise Body Program Membership Fee. Medication is paid for separately. The Dr. Sunrise Body Program is not health insurance or a substitute for health insurance, does not meet any individual health insurance mandate under federal or state law, and cannot replace your relationship with any specialty provider. You should keep your existing health insurance coverage while participating in the Dr. Sunrise Body Program or obtain health insurance coverage if you do not currently have it.

As a primary care offering, the Dr. Sunrise Body Program features medical care available during regular business hours, Monday through Friday, 9:00 a.m. Eastern Time to 6:00 p.m. Eastern Time, excluding holidays. Your provider will review messages within 48 hours or sooner. The Dr. Sunrise Body Program is not an emergency or on-call service available 24 hours a day, seven days a week. The operating hours of the Dr. Sunrise Care Team (available to answer account or shipping-related questions by email at drsunrise@gmail.com) are Monday through Friday, 9:00 a.m. Eastern Time to 6:00 p.m. Eastern Time. In the case of an emergency or if you are otherwise in crisis, call 911 immediately.

Onboarding and diagnosis

To participate in the Dr. Sunrise Body Program, you must be evaluated by a healthcare provider on the Dr. Sunrise platform and, in the professional judgment of such provider, meet the clinical criteria for participation. To be evaluated for participation, complete an initial onboarding telehealth medical assessment (the “Diagnosis Online Visit”) with a doctor or nurse practitioner and complete a diagnostic blood test if your provider orders. If, following a review of the Diagnosis Online Visit and appropriate laboratory tests, your healthcare provider determines that you are a good candidate for treatment through the Dr. Sunrise Body Program, they may initiate such treatment by writing you a prescription.

Program Membership and Additional Services

Your membership in the Dr. Sunrise Body Program (“Program Membership”), including your ability to access Membership Services, will commence when your healthcare provider communicates your care plan, risks, and benefits of treatment, and you acknowledge such and elect to proceed with participation in the Dr. Sunrise Body Program.

The Dr. Sunrise Body Program includes:

• Up to twenty-four (24) discrete medical consults per year with your Dr. Sunrise-affiliated healthcare provider;
• Secure messaging with your coach, who is a Dr. Sunrise-affiliated healthcare provider, between discrete medical consults;
• Evidence-based onboarding curriculum.

(the “Dr. Sunrise Body Membership Services”).

The Dr. Sunrise Body Program does not include the medication cost, which is paid separately. Members may be prescribed compounded medication during national drug shortages, paid for through Dr. Sunrise separately from the Body Program Membership Fee. Dr. Sunrise Body is paid cash only, and Dr. Sunrise does not accept insurance. The Dr. Sunrise Body Program provides insurance coverage support to members using insurance to help cover the cost of medication, who, through our partner, will receive assistance with benefits verification and prior authorization for medication.

In some instances, you or your health care provider may request that you complete services (e.g., medical consults or laboratory testing) more than the Dr. Sunrise Body Membership Services (the “Dr. Sunrise Body Additional Services”). For each annual medical consult after the twenty-fourth (24th), you will be charged a separate fee of $15.00 per additional consult. You will be charged a separate fee for each additional laboratory test based on the tests ordered (in each case, the “Dr. Sunrise Body Additional Services Fee”). As part of your participation in the Dr. Sunrise Body Program, you agree that any Dr. Sunrise Body Additional Services Fees that you incur can be charged to your payment card or PayPal account on file within seven (7) days of the date on when such Dr. Sunrise Body Additional Services are rendered.

The Dr. Sunrise Body Membership Services may change from time to time. You will be given thirty (30) days notice of any such change. You may accept the revised Dr. Sunrise Body Membership Services by continuing in the Dr. Sunrise Body Program or reject them by terminating your Dr. Sunrise Body Program Membership.

Payment of Dr. Sunrise Body Program Membership Fee

You can review and agree to the monthly membership cost (the “Dr. Sunrise Body Membership Fee”) during the checkout process, which is part of the Dr. Sunrise Body Diagnosis Online Visit. You may also view the costs associated with Dr. Sunrise Body Membership on the Dr. Sunrise Body Program webpage. Once you begin participation in the Dr. Sunrise Body program, your Dr. Sunrise Body Membership Fee will be charged to your payment card or PayPal account on file each month. The initial payment must be made the day your provider reviews your online visit and orders a metabolic test. Once your prescription is sent to a pharmacy, you will be automatically billed for the monthly cost of Membership on a recurring, monthly basis until your Dr. Sunrise Body Membership is cancelled. Once paid, your Dr. Sunrise Body Membership Fee is non-refundable. You may cancel your Dr. Sunrise Body Membership anytime by emailing drsunrize@gmail.com or logging into your Secure User account; see details on cancelling below.

Your Dr. Sunrise Body Program Membership Fee does not include the cost of medication and pharmacy fulfillment. Members may be prescribed compounded medication during national drug shortages. If you are prescribed compounded medication, you’ll be billed through Dr. Sunrise separately from your monthly Body Program Membership Fee. You will be billed monthly when your prescription is sent to the pharmacy.

Cancelling your Dr. Sunrise Body Program Membership

To cancel your Dr. Sunrise Body Program membership, you may log into your Secure User account (click into the Dr. Sunrise Body Program and select “Cancel Subscription” from the Program Details page) or email us. Cancellation is effective in 36 hours. Message your provider to discuss switching medications while remaining in the Dr. Sunrise Body Program.

Effect of Dr. Sunrise Body Program Membership Cancellation

When you cancel, you will not be charged any additional monthly Dr. Sunrise Body Membership Fee payments. You will receive Dr. Sunrise Body Program Membership Services through the last day of the monthly billing cycle for which you have paid the Dr. Sunrise Body Membership Fee (the “Last Billing Cycle”). After that, you will not be eligible to receive any Dr. Sunrise Body Program Membership Services, including prescriptions from your provider. We recommend you talk to your Dr. Sunrise-affiliated healthcare professional before discontinuing treatment, as abruptly stopping certain medications for health conditions can impact your health. You may complete a new Dr. Sunrise Body Program Diagnosis Online Visit to talk to a Dr. Sunrise-affiliated healthcare professional about re-joining Dr. Sunrise Body Program.

There is no representation, warranty, or guarantee of continued availability of Dr. Sunrise Body Program.

NEITHER DR. SUNRISE NOR THE AFFILIATED PROFESSIONAL ENTITIES MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONTINUED AVAILABILITY OF THE DR. SUNRISE BODY PROGRAM. THE DR. SUNRISE BODY PROGRAM MAY BE DISCONTINUED AT ANY TIME AT THE SOLE DISCRETION OF DR. SUNRISE AND/OR THE AFFILIATED PROFESSIONAL ENTITIES. YOU WILL BE GIVEN 30 DAYS’ NOTICE OF ANY SUCH DISCONTINUATION SO THAT YOU MAY FIND A LOCAL PROVIDER WITH WHOM TO CONTINUE TREATMENT.

21. Notice to Patients – Open Payments Database

A link to the federal Centers for Medicare and Medicaid Services (CMS) Open Payments web page is provided for informational purposes only. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals be made available to the public. You may search this federal database for payments made to physicians and teaching hospitals by visiting this website: https://openpaymentsdata.cms.gov/