Last Updated: July 15th, 2026

‍These Terms of Use (“Terms of Use” or “Terms”) are a legal contract between you (“you/your” or "user") and Sailor Health, Inc. (“Sailor Health”, “we”, or “us”). Sailor Health is the creator of the Sailor Health website (the “Site”), available at sailorhealth.com. These Terms govern your use of the Site and apply to individuals accessing the Site. By accepting these Terms and using the Site, you acknowledge that you have read, understand, and agree to these Terms and our Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Privacy Policy. 

YOU SHOULD CAREFULLY READ THESE TERMS BEFORE USING THE SAILOR HEALTH SITE. 

BY USING THE SITE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ACCEPT THE TERMS, DO NOT LOG IN TO OR USE THE SERVICES. 

Any information that Sailor Health collects through your use of the Site is subject to the Privacy Policy, which is part of these Terms. 

If you do not agree with and accept the Terms, please discontinue all further use of the Site. Do not continue to access the Site. 

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SAILOR HEALTH WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING support@sailorhealth.com WITHIN 30 DAYS OF ACCEPTING THESE TERMS. 

What Is The Site?

The Site is designed to allow current and prospective users to access informational materials about Sailor Health, its services, and related content. 

You may access and use the Site only in accordance with these Terms, and you agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as our Privacy Policy. 

The Site is not intended to be used to identify emergencies or to treat emergent, serious, or life-threatening conditions. If you are a Site user and you or someone you know believes you or

a patient are suffering an emergent or life-threatening condition, call 9-1-1 immediately where that service is available or go to the nearest open clinic or emergency room.  

What Does Sailor Health Not Provide? 

We DO NOT provide medical advice. 

By accepting these Terms, you agree and acknowledge that we do not provide medical advice. Our role is limited to providing information about Sailor Health’s services and related content. 

THE SITE CANNOT AND IS NOT DESIGNED, INTENDED, OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. 

General information available through the Site about Sailor Health, its services, medical conditions, services providers, and other educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Site. If you or a patient has or you suspect that you or a patient has an urgent medical problem or condition, please contact a qualified healthcare professional immediately. 

NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SITE WHERE PROHIBITED BY LAW. 

Healthcare Services 

Sailor Health, Inc. is an administrative services entity that is affiliated with and provides administrative services to the clinical care providers (the Sailor Health Professionals), which operate under a variety of business structures according to the laws of the various states/regions in which Sailor Health Professionals provide health care and related services, including therapy. Sailor Health, Inc. does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by Sailor Health Professionals or other third parties. 

You agree that these Terms govern your access to and use of the Site and the Services offered by Sailor Health, Inc. and Sailor Health Professionals. If you use medical services provided by Sailor Health Professionals, you understand and agree that you are bound by and subject to the Sailor Health Informed Consent. Please read the Sailor Health Informed Consent carefully before electing to utilize the services of a Sailor Health Professional. Please refer to our Privacy Policy and Sailor Health Notice of Privacy Practices to learn how we use, share, and protect your personal information and protected health information. 

Updates to the Terms

We may modify these Terms from time to time. We my notify you of material changes by posting the amended terms on our website and we will change the “Last Updated” date above. If we have your email on file, we may also notify you of material changes to the Terms by email. It is your responsibility to make sure we have your current email address so that you will receive notices that we send. If you do not agree with the proposed changes, you agree to discontinue your use of the Site. If you continue using the Site after the effective date, you agree to be bound by the updated Terms. 

Site Ownership and Use 

Sailor Health and its licensors own the Site, including all content and functionality you access through the Site. 

You may use the Site, Services, and Sailor Health Materials (as defined below) only for your own personal, non-commercial use. You may not use the Site for any other purpose than what is allowed under these Terms without Sailor Health’s express written permission. If you are accepting these Terms for another person (“Family Member”) as such Family Member’s lawful authorized parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member. If you are registering on behalf of your Family Member, your Family Member may only use the Site, Services, or Sailor Health Materials for their own personal, non-commercial use. 

Account Registration and Security 

To access certain features of the Site, Services, or Sailor Health Materials, or to become a member, you will have to create an account by entering your name, address and certain other information collected by Sailor Health (collectively, “Account Information”). It is important that you provide us with accurate and complete Account Information and update it as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account and if any information you provide relating to your account becomes inaccurate, incomplete or otherwise false or misleading. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage if you do not protect your account or your personal information. 

Personal Data Ownership and Use 

You own your personal information (as that term is used in the Privacy Policy) and any other information you submit on or through the Site (collectively, “User Information”). If you are entering someone else’s information into the Site, you represent and warrant that you have permission to do so. For us to provide you with the Site, you grant to Sailor Health a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use your User Information for the purpose of providing the Site, subject to the restrictions in the Privacy Policy. You also agree to allow Sailor Health to de-identify and anonymize your User

Information, including, without limitation, your personal health information in accordance with our Privacy Policy, and to use or disclose such de-identified information for any purpose. 

Service Use Termination 

We may terminate your use of the Site, Services, and Sailor Health Materials at any time by sending notice to you at the address or email you provided or otherwise contacting you or posting a notice on the Site or notifying you through the Services or Sailor Health Materials. If we terminate your use of the Site, Services, or Sailor Health Materials because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refunds of services provided. We are not required to provide you with notice prior to terminating your use of the Site, Services, or Sailor Health Materials or a reason for such termination. In order to protect the integrity of the Site, Services, or Sailor Health Materials, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Site, Services, or Sailor Health Materials. 

Use of the Site, Services, and Sailor Health Materials 

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, nontransferable, non-sublicensable license to use the Site, Services, and Sailor Health Materials solely for your personal and non-commercial purposes. Your use of the Site, Services, and Sailor Health Materials must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Site, Services, or Sailor Health Materials. 

The following is a list of the type of actions that you may not engage in with respect to the Site, Services, or Sailor Health Materials: 

• You will not promote, encourage, or engage in defamatory, abusive, libelous, obscene, threatening, harassing, hateful or otherwise objectionable behavior. 
• You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, "data mine", or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Site, Services, or Sailor Health Materials; 
• You will not interfere, access, tamper with or disrupt the Site, Services, or Sailor Health Materials, or the connected servers or networks; 
• You will not attempt to probe, scan or test the vulnerability of the Site, Services, or Sailor Health Materials or any of our systems or network or breach any security or authentication measures; 
• You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent; 
• You will not use the Site, Services, or Sailor Health Materials, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity; 
• You will not use, display, "frame" or "mirror" any part of the Site, Services, or Sailor Health Materials, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us; 
• You will not collect or store any personal information, including personally identifiable information, from users of the Site or Services without their express permission;
• You will not provide any inaccurate, incomplete, false or misleading information, including regarding your identity or medical condition, when using the Site, Services, or Sailor Health Materials; 
• You will not record in any way the Site, Services, or Sailor Health Materials without our express written consent; 
• You will not violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries) 
• You will not allow any other person to use your account or your username or password to access the Site, Services, or Sailor Health Materials unless otherwise permitted herein; and 
• You will not assist or permit any person to engage in any of the activities described in this section. 

Sailor Health is not obligated to monitor your use of the Site, but we may do so to ensure your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when we are required to. Sailor Health reserves the right to suspend or terminate your use of the Site without notice to you if you partake in any of the prohibited uses described above. 

Computer Equipment and Internet Access 

You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, "Systems") necessary for you to access and use the Site. This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. 

You are responsible for the data security of the Systems used to access the Site and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems. 

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS. 

Consent to Electronic Communications

You agree that we may send the following to you by email or by posting them on the Site: legal disclosures; these Terms; Privacy Policy; future changes to any of the foregoing; and other notices, policies, communications or disclosures and information related to the Services. You agree that we may contact you via email, phone, text, or mail regarding prospective Services or Sailor Health Materials. Text messages and emails are not always secure because they travel over networks that we do not own or control. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and Sailor Health. You may opt out of certain types of electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Sailor Health. Your withdrawal of consent will be effective within a reasonable time after we receive notice of your withdrawal. 

We will need to send you certain communications electronically regarding the Site, Services, or Sailor Health Materials. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain Services or Sailor Health Materials may become unavailable to you. 

Text Messaging (SMS) Program 

If you provide your mobile phone number and opt in, you agree to receive text messages (SMS/MMS) from Sailor Health or its service providers in connection with the Site and Services. 

Types of messages. Service-related messages may include updates, alerts, and administrative information related to your account or care (e.g., appointment reminders, appointment confirmations, billing or account alerts). Promotional messages may include promotions and other marketing offers (e.g., wellness program invitations, holiday greetings). 

RCS Messaging Program If your device supports Rich Communication Services (RCS) and you opt in, you may receive RCS messages from Sailor Health or its service providers in connection with the Site and Services. Our RCS sender is used exclusively for transactional messaging related to your account or care, such as appointment reminders, appointment confirmations, billing or account alerts. 

Message frequency. Message frequency varies. 

Message and data rates may apply. 

Opt-out. You may opt out of recurring service and promotional messages at any time by replying STOP to any message you receive. 

Customer care. For help, reply HELP to any text message, or contact us at support@sailorhealth.com or (800) 995-8255. 

Carrier disclaimer. Carriers are not liable for delayed or undelivered messages.

Your privacy. For information about how we collect, use, and protect your information in connection with this program, please see our Privacy Policy. 

Consent to Electronic Transcription 

For documentation purposes, Sailor Health utilizes secure third-party transcription services to transcribe and summarize therapy sessions unless the patient would prefer not to. The software and/or devices we utilize for such purposes are HIPAA-compliant and employ up-to-date encryption and other industry-standard safeguards to protect your health information. Any transcripts or summaries generated through such services are used solely for documentation and become part of your confidential medical record. Sailor Health will maintain the confidentiality and security of these transcriptions and summaries in accordance with our Privacy Policy, the Sailor Health Professionals’ Notice of Privacy Practices, and applicable law. 

Artificial Intelligence Features 

The Site may include interactive features powered by artificial intelligence (the “AI Features”), including but not limited to, tools that provide voice-based mindfulness experiences and personalized trivia games based on user interests such as books, movies, and music. Company may add, modify, or discontinue AI Features at any time in its sole discretion. The AI Features are part of the Site and Services and are subject to these Terms. 

In connection with your use of the AI Features, Company may collect and store certain information, including information you choose to provide and information generated through your interactions with the AI Features. This information constitutes User Information and will be handled in accordance with these Terms and the Privacy Policy. Company may use this information to operate, personalize, and improve the AI Features. 

THE AI FEATURES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The AI Features are provided for general wellness and informational purposes only and are not a substitute for professional medical care, therapy, or counseling. Company makes no representations regarding the accuracy or reliability of such content. 

Intellectual Property Rights 

Sailor Health and our licensors retain all ownership rights, title, and interest (including all intellectual property rights) worldwide to the: (a) Site and the Services, (b) all software, infrastructure, modules, methods, technology, tools, techniques, know how, and content developed by or on behalf of Sailor Health and used in connection with or for the purposes of providing the Site or Services; (c) all Feedback, including all suggestions, comments, ideas, or other information related to the Site or Services provided by you, (d) all information, content, or other data collected or transmitted through the Site or Services, including without limitation usage data, clinical data, patient information, and reports; and (e) any enhancements, derivative works, or modifications to any of the foregoing (collectively “Sailor Health Materials”). No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by Sailor Health or other respective owners.

DMCA Notice 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site, Services, or Sailor Health Materials infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at https://www.copyright.gov. In accordance with the DMCA, Sailor Health has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Sailor Health, at 2332 Galiano St, 2nd Floor, Coral Gables, FL 33134. 

Links to Third Party Websites 

The Site, Services, or Sailor Health Materials may contain links to other sites that are owned and operated by third parties (“Third Party Sites”). We are not responsible for the privacy and security practices or the content, advertising, products, services or other materials made available on or through any such linked sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any kind by us. 

If you choose to access one of these Third-Party Sites, you will leave our Site and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or 

business practices (collectively, “Third-Party Rules”) than us, and that your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites. 

YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“THIRD PARTY MATTERS”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS. 

Third-Party Services

To the extent any features, aspects, products, or services offered through the Site are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), you may be subject to additional terms and conditions. To the extent applicable, you will receive a notification and have the opportunity to accept such terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES. 

In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Provider’s privacy policies. 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 OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS. 

No Endorsements 

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Sailor Health. 

Geographic Restrictions 

Sailor Health makes no representation that all products, services and/or material described on the Site, the Services available through the Site, or Sailor Health Materials are appropriate or available for use in locations outside the United States or all states and territories within the United States. 

Your Representations And Warranties 

In addition to other representations and warranties contained throughout the Terms, you represent and warrant that your use of the Site will be in accordance with these Terms and all applicable laws, regulations, rules, and Sailor Health policies and procedures (to the extent such policies and procedures are communicated to you). Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL INFORMATION (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL INFORMATION) WITH US. 

No Warranties 

ACCESS TO THE SITE, SERVICES, AND SAILOR HEALTH MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS

OR IMPLIED. WITHOUT LIMITING THE FOREGING, SAILOR HEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE SITE, SERVICES, OR SAILOR HEALTH MATERIALS AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SAILOR HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, SERVICES, OR SAILOR HEALTH MATERIALS. WITHOUT LIMITING THE FOREGOING, SAILOR HEALTH DOES NOT WARRANT THAT ACCESS TO THE SITE, SERVICES, OR SAILOR HEALTH MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES SAILOR HEALTH MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE, SERVICES, OR SAILOR HEALTH MATERIALS. YOU EXPRESSLY AGREE THAT YOUR USE OF AND RELIANCE UPON THE SITE, SERVICES, AND SAILOR HEALTH MATERIALS IS AT YOUR SOLE RISK. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SAILOR HEALTH OR THROUGH THE SITE OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS. 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, AUTHORIZED THIRD PARTIES. 

SAILOR HEALTH CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. SAILOR HEALTH CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE SITE. 

Your Responsibility for Loss or Damage. 

YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD SAILOR HEALTH OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA. 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE REMAINS WITH YOU. IN NO EVENT SHALL SAILOR HEALTH OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COMPUTER DAMAGE OR SYSTEM FAILURE, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, SERVICES, OR SAILOR HEALTH MATERIALS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SAILOR HEALTH’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED THE GREATER OF (1) $200 OR (2) THE FEES PAID TO USE THE RELEVANT SERVICES IN THE 12 MONTHS BEFORE THE DISPUTE. ANY CLAIM ARISING FROM THE USAGE OF THE SITE MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE. 

IF YOU ARE DISSATISFIED WITH THE SITE OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SITE. 

YOU ACKNOWLEDGE THAT IF YOU USE THE SITE DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. SAILOR HEALTH IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SITE. 

Indemnity 

TO THE EXTENT ALLOWED BY APPLICABLE LAW, YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS SAILOR HEALTH AND ITS REPRESENTATIVES, DIRECTORS, OFFICERS, EMPLOYEES, AND CONTRACTORS FOR ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE AND EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR (I) ACCESS TO OR USE OF THE SITE, SERVICES, OR SAILOR HEALTH MATERIALS, (II) VIOLATION OF THESE TERMS, OR (III) ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SITE

THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE. 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” 

DISPUTE RESOLUTION 

*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS* 

You agree that any dispute between you and Sailor Health arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address your concerns without needing a formal legal case, so we have included a tiered dispute resolution process. This Dispute Resolution section may be modified by written agreement between you and Sailor Health. 

Informal Dispute Resolution 

Before filing a claim against Sailor Health, you agree to try to resolve the dispute informally by contacting ___@_____. Most User concerns can be resolved quickly and to your satisfaction through email. If a dispute is not resolved within thirty (30) days after submission, you may bring a formal proceeding, as outlined below. 

Arbitration Agreement 

In the unlikely event that our support team is unable to resolve a complaint you may have (or if we have not been able to resolve a dispute with you after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, you agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Health Lawyers Association (“AHLA”). 

Arbitration Procedure 

You and Sailor Health agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by you, one (1) arbitrator is selected by Sailor Health, and the third (3rd) arbitrator is selected by mutual consent of you and Sailor Health. If you and Sailor Health cannot agree

upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding. 

The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction. 

Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed. 

Cost of Arbitration 

You and Sailor Health shall each pay 50% of all mediator and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms. 

Exceptions to Agreement to Arbitrate 

Sailor Health may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above. 

YOU MAY ONLY RESOLVE DISPUTES WITH SAILOR HEALTH ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS. 

Opt Out of Alternative Dispute Resolution Process

Notwithstanding the above, you can decline or “opt out” of the alternative dispute resolution process described above by contacting support@sailorhealth.com within 30 days of first accepting these Terms and stating that you (first and last name) decline this dispute resolution process. 

YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS. 

If you opt out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, you submit to the

exclusive jurisdiction of any state or federal court sitting in the State of New York within twenty-five (25) miles of New York, New York in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and you waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above. 

Choice of Law and Jurisdiction 

These Terms are governed by the laws of New York without reference to its conflict of laws provisions. 

General Provisions 

These Terms make up the entire agreement relating to your use of the Site and the Services and supersede all prior agreements relating to the subject matter hereof. We may change, suspend, or discontinue any of the Site, Services or Sailor Health Materials at any time. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, Services, or Sailor Health Materials. These Terms do not confer any third-party beneficiary rights. You may not assign or transfer any of your rights or obligations under these Terms to anyone else without our written consent. Sailor Health may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. No delay or omission by Sailor Health to exercise any right or power it has under these Terms shall impair any such right or power or be construed as a waiver of any succeeding breach. Any waivers by Sailor Health must be in writing and signed by an authorized representative of Sailor Health. 

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Notices

Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by Sailor Health via email (in each case to the address that you provide); and/or (ii) by posting to the Site. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from Sailor Health electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH SAILOR HEALTH IS ACCURATE AND CURRENT,

AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE. 

You shall give any notice to Sailor Health by email to: support@sailorhealth.com. Notice to Sailor Health shall be effective upon receipt of notice by Sailor Health. 

No Inadvertent Waiver

The failure of Sailor Health to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sailor Health. 

Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved. 

Remedies

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. 

Feedback and Contacting Sailor Health 

We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Site and the Services. You may submit Feedback by e-mailing us at support@sailorhealth.com. You should know that we can, but are not obligated to, use your Feedback without restriction or any obligation to compensate you, and aside from the laws governing the confidentiality of healthcare information, we have no obligation to keep them confidential. Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination. 

If you have any questions about these Terms, please submit a request through our Contact Us page.

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