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These Terms and Conditions of Service (“Terms & Conditions” or “Terms of Use”) sets forth the agreement between Cutback Coach, Inc. dba Sunnyside or its affiliates (collectively, “Sunnyside”, “Cutback Coach”, “we,” “us,” or “our”) and users (“you” or “your”) and governs (i) your use of and/or access to the cutbackcoach.com website and/or other websites (collectively, “Website”) which are owned or operated by us, including any portions thereof available only to subscribers, (ii) your use of and/or access to the mobile phone applications which we may operate currently or in the future (collectively, the “Mobile App”), (iii) the purchase, access or use of our services and products, and your use of and or access to any content or information and other online or mobile-enabled technology, digital tools and other services and products provided by us, including your interaction with us via email or text messages in connection therewith (together with the Website and the Mobile App, collectively, the “Services”). For purposes of these Terms & Conditions, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Sunnyside.
For more information on how we process your personal information, please review our Privacy Policy.
BY CLICKING “CONTINUE”, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, PURCHASING SERVICES, COMPLETING THE REGISTRATION PROCESS, OR OTHERWISE USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ UNDERSTAND THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, BROWSE OR USE THE SERVICES.
WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE, AS FURTHER DESCRIBED IN SECTION 8. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT THE HEALTH OR SAFETY OF YOU OR OTHERS, YOU SHOULD CONTACT YOUR DOCTOR OR OTHER HEALTH-CARE PROFESSIONAL. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE OR THE SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY THE SUNNYSIDE PARTIES (AS DEFINED BELOW) IS SOLELY AT YOUR OWN RISK. IF YOU THINK YOU HAVE A MEDICAL OR SAFETY EMERGENCY, CALL 911.
Sunnyside does not provide any medical services. Rather, Sunnyside is a technology company, providing a technology platform. Sunnyside is not your healthcare provider or pharmacist, it is not licensed to practice medicine, nor does Sunnyside recommend or prescribe treatment or medication.
Should you choose to opt into our telehealth prescribing services (the “Healthcare Services”), such services will be provided by OpenLoop Health, Inc. and its affiliated medical groups, or by other independent professionals (each, a “Provider”). Sunnyside merely enables the communication with such Providers. The Providers employ or contract with licensed medical providers and other clinicians who offer certain Healthcare Services via the Sunnyside Website and Mobile App. All Providers who deliver Healthcare Services through the Sunnyside Website and Mobile App are (1) independent practitioners, and (2) solely responsible for the Healthcare Services you receive. The Healthcare Services involves the delivery of healthcare services using electronic communications, information technology or other means between a health care provider and a patient who are not in the same physical location. While the provision of Healthcare Services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The Healthcare Services are not intended to take the place of your relationship with your regular in-person primary care physician.
Accessing the Sunnyside website or app does not create any patient-provider relationship. In some cases, the Services may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from a healthcare provider. For example, your Provider may determine that your diagnosis or treatment requires an in-person office visit or otherwise cannot be appropriately addressed through use of the Services. In such a case, you may be notified that you will be unable to use the Services for the particular issue for which you requested assistance, along with additional information regarding next steps. SUNNYSIDE IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE PROVIDERS.
To the extent the Services you seek require care by a licensed provider, all Healthcare Service consultations are provided by a Provider licensed in the state where you, the patient, are located. Providers who provide Healthcare Services may provide diagnoses and prescribe medication, if clinically appropriate. Similarly, Providers may issue prescriptions both for controlled and non-controlled substances regulated by the federal Drug Enforcement Agency (“DEA”), encompassing both commercially available and compounded medications.
To receive Healthcare Services, you must agree to the applicable Provider’s Telehealth Informed Consent and other relevant informed consent documents (collectively, “Telehealth Informed Consent”), which provide a description of the risks and benefits of telehealth, and constitutes your voluntary authorization to the rendering of Healthcare Services by the Providers. You agree that Sunnyside is a third-party beneficiary of the Telehealth Informed Consent and has the right to enforce it against you.
You agree and consent to Sunnyside and the Providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge agree that you will not hold Sunnyside or Providers liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or your failure to comply with any treatment recommendations contained in communications from the Providers. Except for specific communications received from Providers, none of the content you receive through the Services should be considered medical or professional healthcare advice.
Sunnyside is not licensed to practice medicine and does not provide any healthcare service. Sunnyside does not control or interfere with the provision of Healthcare Services provided by any Provider, which include medically trained clinicians, each of whom is independent from Sunnyside and solely responsible for the healthcare service you receive. You understand and agree that Sunnyside is not responsible for any Healthcare Service provided by a Provider, including any personal injury or property damage. You further understand and agree that after reviewing your information, the Provider in their independent professional judgment, will determine whether to prescribe medication, other treatments, or, alternatively, recommend that you consult with alternative clinical resources.
THE SERVICES PROVIDED BY SUNNYSIDE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE, OPINION, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE OR SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY SUNNYSIDE, SUNNYSIDE EMPLOYEES, OTHERS APPEARING ON THE WEBSITE OR SERVICES AT THE INVITATION OF SUNNYSIDE, OR OTHER VISITORS OR USERS OF THE SERVICES (THE “SUNNYSIDE PARTIES”) IS SOLELY AT YOUR OWN RISK. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.
By accepting these Terms of Use, you additionally understand and agree that Sunnyside is not acting as a pharmacy, nor does Sunnyside control or interfere with any such services. By accepting these Terms of Use, you understand and agree that you may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other such relationship with any one or more such third-party entities.
c. No Doctor-Patient Relationship. Except for the Healthcare Services, which are not included in all subscriptions, any and all services provided by, in and/or through the Services are for informational purposes only. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. While we may establish drink ‘targets’, ‘limits’, ‘recommendations’ or ‘guidelines’, they are based solely on the targets and data that you input into the Services and may not be adequate for you. We do not recommend our members drink, and such ‘targets’, ‘limits’, ‘recommendations’ or ‘guidelines’ are not based on and do not constitute medical advice. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE SUNNYSIDE PARTIES.
You are urged and advised to seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any alcohol cutback plan, or any other plans that may be referenced, discussed or offered under the Services. The Services are not intended for individuals currently undergoing treatment for Alcohol Use Disorder (AUD) or any other diagnosis regarding alcohol. You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking medical attention. You further agree that, before using the services, you shall consult your physician, particularly if you are at risk for problems resulting from changes in your alcohol intake. If any information you receive or obtain from using the Services is inconsistent with the medical advice from your physician, you should follow the advice of your physician.
d. Virtual Coaching Service Disclaimer. You may be able to interact with a Sunnyside employee, independent contractor, or other member (a “Coach”) via text as part of our Services (the “Virtual Coaching Service”). A Coach will encourage users to achieve their health related goals but does not offer any medical advice nor is a medical provider. Sunnyside may, in its sole discretion, engage or replace any Coach with another without notice.
The services provided by our Virtual Coaching Service are not medical, mental health, or any other type of health service. Virtual Coaching Service is not psychotherapy or mental health counseling. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness will be offered. The Virtual Coaching Service cannot substitute for, and is not an alternative to, medical, psychiatric, psychological, psychotherapy or other healthcare diagnosis and treatment when a medical or mental health condition or illness is present. You are advised to seek diagnosis, treatment and advice regarding medical or mental conditions or illnesses from physicians practicing medicine, psychotherapists, psychologists and other licensed healthcare and mental health professionals.YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH COACHES WHEN USING THE SERVICES.
THE SERVICES, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS PROVIDED IN THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SUNNYSIDE, ON BEHALF OF ITSELF, AND ITS AFFILIATES AND ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS (THE “SUNNYSIDE PARTIES”), DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. THE SUNNYSIDE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
THE SUNNYSIDE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SUNNYSIDE, ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS BE LIABLE FOR ANY:
A. INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES);
B. DAMAGES ARISING OUT OF, OR RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE SERVICES;
(b) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE WEBSITE, OUR APPLICATIONS OR APPLICATIONS LINKED TO OUR APPLICATIONS;
(c) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; OR
(d) ANY OTHER MATTER RELATING TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
THE MAXIMUM LIABILITY OF THE SUNNYSIDE PARTIES TO YOU UNDER ALL CIRCUMSTANCES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (a) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (b) $100. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SUNNYSIDE AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES, OR THESE TERMS & CONDITIONS MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN THESE TERMS & CONDITIONS.
Without limiting any indemnification provisions of these Terms & Conditions, you agree to indemnify, hold harmless and, at our option, defend Sunnyside and our affiliates, and our and their respective officers, directors, members, employees, stockholders, managers, agents and representatives (collectively, “Sunnyside Indemnified Parties”) from any and all third party claims, actions, demands, causes of action, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) (collectively, “Claims”) arising from (i) your conduct, acts or omissions, (ii) your improper use of the Services or our products or offerings, (iii) your violation of these Terms & Conditions, (iv) your provision to Sunnyside or any of the Sunnyside Indemnified Parties of User Content or other data, (v) your infringement or alleged infringement, or the infringement or use (or alleged infringement or alleged use) by any other user of your account, of any intellectual property or other right of any person or entity, or (vi) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation.
The Sunnyside Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Sunnyside Indemnified Parties, in which event you will fully cooperate with Sunnyside in asserting any available defenses. You may not settle any Claim without the prior written consent of the concerned Sunnyside Indemnified Parties.
This provision does not require you to indemnify any of the Sunnyside Indemnified Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder.
Certain features, aspects, software products and services offered through the Services are provided, in whole or in part, by third parties, including, but not limited to, the Healthcare Services (“Third-Party Services” as provided by “Third-Party Service Providers”). In order to use Third-Party Services, you may be required to enter into additional terms and conditions with Third-Party Service Providers. Our Terms & Conditions apply only to the Services, and not to the apps, websites or services of any other person or entity, and your right to use such Third-Party Services as part of the Services is subject to and governed by the terms and conditions of the third party license applicable to such Third-Party Services. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products or other materials on or available from such apps or resources. In the event of a conflict between the terms of these Terms & Conditions and the terms of such third party licenses, the terms of the third party licenses shall control with regard to your use of the relevant Third-Party Service.
You further acknowledge and agree that a Third-Party Service Provider may collect and use certain information about you. Any exchange of data or other interaction between you and a provider of a Third-Party Services is solely between you and the Third-Party Service Provider. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. If you do not understand or do not agree to the terms of a Third-Party Service Provider’s privacy policy, you should not use the related third-party services.
SUNNYSIDE DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM (I) YOUR USE OF OR RELIANCE ON, ANY CONTENT, ADVERTISEMENTS, PRODUCTS OR OTHER RESOURCES AVAILABLE ON ANY SUCH SERVICES OR RESOURCES (REGARDLESS OF WHETHER WE DIRECTLY OR INDIRECTLY LINK TO SUCH CONTENT, ADVERTISEMENTS, PRODUCTS OR OTHER RESOURCES) OR (II) YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.
a. Software. You acknowledge and agree that the Services and all intellectual property rights associated therewith (including all rights in the Content) are, and shall remain, the property of Sunnyside (and, where applicable, its licensors). Furthermore, you acknowledge and agree that the source and object code of the Website and/or Mobile App and the format, directories, queries, algorithms, structure and organization of the Website and/or Mobile App are the intellectual property and proprietary and confidential information of Sunnyside and its affiliates, licensors and suppliers. Except as expressly stated in these Terms & Conditions, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in these Terms & Conditions are hereby reserved and retained by Sunnyside reports, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials made available through the Services.
b. Trademarks. Sunnyside, sunnyside, Cutback Health and the Sunnyside logo (collectively, the “Sunnyside Marks”) are trademarks or registered trademarks of Sunnyside, Inc. Other trademarks, service marks, graphics, logos and domain names appearing on the Website, Mobile App or in other Content provided to you may be the trademarks of third-parties. Neither your use of the Services, nor these Terms & Conditions, grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the Sunnyside Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Sunnyside Marks generated as a result of your use of the Services will inure to the benefit of Sunnyside, Inc., and you agree to assign, and hereby do assign, all such goodwill to Sunnyside, Inc. You shall not at any time, nor shall you assist others to, challenge Sunnyside’s right, title, or interest in or to, or the validity of, the Sunnyside Marks.
c. Copyrighted Materials; Copyright Notice. All content and other materials available through the Services, including without limitation the Sunnyside logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by Sunnyside or are the property of Sunnyside’s licensors and suppliers. Except as explicitly provided, neither your use of the Services nor these Terms & Conditions grant you any right, title or interest in or to any such content or materials.
d. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Sunnyside through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Sunnyside 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 Sunnyside 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 the Services and/or Sunnyside’s business.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Services or these Terms & Conditions shall be filed only in the state or federal courts located in San Francisco County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
a. Termination. These Terms & Conditions will remain in full force and effect while you use our Services (including our Website and Mobile Apps and, if applicable the Healthcare Services). We may terminate your use of, or access to, the Service at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms & Conditions. If you want to terminate the Services you may do so by notifying Sunnyside at any time. Your notice should be sent, in writing, to Sunnyside’s address set forth below. THE SERVICES WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 5.
b. Effect of Termination; Survival. Termination of these Terms & Conditions automatically terminates all rights and licenses granted to you under these Terms & Conditions, including all rights to use the Services. You understand that any termination of Services may involve deletion of your data associated therewith from our live databases. We will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data. All terms that by their nature should survive termination shall be deemed to survive such termination (including, without limitation, intellectual property, warranty disclaimers, limitations of liability, and governing law and venue). Subsequent to termination, Sunnyside reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Services, including without limitation technological barriers such as IP blocking and direct contact with your Internet service provider.
c. Legal Action. If we, in our sole discretion, take legal action against you in connection with any actual or suspected breach of these Terms & Conditions, we will be entitled to recover from you as part of such legal action, and you agree to pay, our reasonable costs and attorneys’ fees incurred as a result of such legal action. The Sunnyside Parties will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of these Terms & Conditions.
a. General. If any provision of these terms shall be found by a court of competent jurisdiction to be unlawful, invalid, void or voidable, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
b. Legal Communications. We may send the following to you by email or posting them on the Website and/or the Mobile App: these Terms & Conditions, including legal disclosures; future changes to these Terms & Conditions, Privacy Policy, and other notices, legal communications or disclosures and information related to the Services. Such communications are part of the Services which you cannot opt out of receiving. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Last Updated: May 13, 2025
Sunnyside is a system for creating a more mindful approach to drinking to help you reach your goals. Our members are seeing major benefits, including a 30% average reduction in weekly drinks, improved sleep, a healthier diet, money saved, and an overall improved sense of well-being.
Sunnyside is not designed to treat alcohol use disorder (AUD). For resources related to AUD, including how to get support, please visit the NIH website. We’ve also partnered with Moderation Management, a non-profit dedicated to reducing the harm caused by the misuse of alcohol.
Sunnyside is a system for creating a more mindful approach to drinking to help you reach your goals. Our members are seeing major benefits, including a 30% average reduction in weekly drinks, improved sleep, a healthier diet, money saved, and an overall improved sense of well-being.
Sunnyside is not designed to treat alcohol use disorder (AUD). For resources related to AUD, including how to get support, please visit the NIH website. We’ve also partnered with Moderation Management, a non-profit dedicated to reducing the harm caused by the misuse of alcohol.