Last Updated: October 19, 2021
Certain Critical Information and Disclaimers:
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.
Seven Starling does not provide medical services or medical advice. Seven Starling does not make any representations or warranties about the training or skill of any Providers who provide services via the Services. You are ultimately responsible for choosing your particular Provider, if any. All Providers are independent of Seven Starling. Any information or advice received from a Provider comes from the Provider alone, and not from Seven Starling. Your interactions with Providers via the Services are not intended to take the place of your relationship with your regular health care providers. Seven Starling is not responsible or liable for any advice obtained from a Provider or any other user of the Services. You acknowledge that your reliance on any information provided by any Provider or any other user via the Services is solely at your own risk. No doctor-patient relationship is created by use of the Services. Information you receive via the Services is not a substitute for a formal diagnosis, physical examination, or prescription and should not be used to treat a medical condition. Do not ignore or delay obtaining professional medical advice because of information you obtain through the Services.
- The Services may permit you to communicate with one or more professionals (“Providers”) and other users of the Services through a variety of means, including video conferences, direct messaging, and meetings.
- The Services may leverage third party services (which may include third party video conferencing platforms, third party messaging apps, third party databases, calendars, and the like) (“Third Party Components”). Seven Starling has no responsibility or liability for any act, omission, or occurrence that is at all associated with any Third Party Component, and your use of any Third Party Component shall be subject to the terms and conditions applicable thereto.
- Seven Starling may charge fees for use of the Services (“Fees”), which shall be due and payable in such amounts and at such times as are described in the Services from time to time. If you use promotional codes, credits, or other, similar methods of paying the Fees as may be made available through the Services from time to time, you will be charged the Fees in full once such other methods are exhausted or cancelled for any reason.
- Seven Starling may use a third party payment service to process your payment of Fees. By submitting your payment account information, you grant us the right to store and process your information with the third party payment service and agree that we will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of such third party payment service in addition to this Agreement.
2. USER INFORMATION.
- You may provide to Seven Starling, to Providers, or to other users information about yourself in connection with your use of the Services (collectively the “User Information”). In certain circumstances a third party, such as your employer or your insurer (for example, if Seven Starling’s Services are being provided or paid for in whole or in part as an employee benefit), may provide to us User Information for use on your behalf. You acknowledge and agree that you are free to share—or not share—User Information in connection with your use of the Services, whether through a third party (such as an employer or insurer) or directly through the Services, and that to the extent you choose to directly or indirectly provide User Information to us, to Providers, or to other users, you do so with full understanding of (i) our rights to use such information under this Agreement and (ii) the fact that we do not control third parties such as other users.
- Seven Starling records communication sessions (including video conferences, audio conferences, telephone calls, text chat, and others) that occur through the Services in order to provide the Services effectively. To the extent that you participate in any video conference in connection with the Services, you hereby consent to Seven Starling recording such video conference and using the recording to deliver the Services and improve the Services.. These recordings are included in the definition of “User Information.”
- By providing User Information, you acknowledge and agree that you may receive emails, phone calls, text messages, push notifications, or other communications from us or from Providers regarding the Services or about your use of our Services, and you may also receive marketing materials from us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically shall be deemed to satisfy any legal communication requirements to the extent permitted under applicable law. These communications may contain User Information or information from Providers. To opt out of receiving any marketing communications from us, please follow the unsubscribe link in the applicable correspondence. Note that you may continue to receive communications related to the Services.
- Seven Starling agrees to keep the User Information confidential and not to disclose it to any third party (other than Providers and certain third party vendors that support our ability to provide the Services, to the extent such disclosure is necessary or reasonably useful to provide the Services), except to the extent the User Information is or becomes generally available to the public through no act or omission of Seven Starling; was in Seven Starling’ lawful possession prior to the disclosure; is lawfully disclosed to Seven Starling by a third party without restriction on disclosure; or is disclosed by operation of law. Seven Starling has the right to use for any purpose (other than sale to a third party) any aggregated, anonymized information that it derives from the combination of your User Information with the information from other users (provided that, for clarity, such information cannot be used to identify any User and cannot be connected to any User).
- You hereby grant to Seven Starling a perpetual, irrevocable, royalty-free, worldwide right and license to copy, display, make derivative works of and otherwise use your User Information to provide the Service and to develop or improve any Seven Starling product or service (subject in all respects to Seven Starling’s confidentiality obligations in Section 2.5).
- You acknowledge that other users place their trust in you when they disclose information to you via the Services. You hereby agree to keep all information disclosed by other users of the platform confidential and not to disclose it to any third party, except to the extent the applicable information is or becomes generally available to the public through no act or omission of yours; was in your lawful possession prior to the disclosure; is lawfully disclosed to you by a third party without restriction on disclosure; or is disclosed by operation of law.
3. OWNERSHIP; PROPRIETARY RIGHTS.
- The Services are owned and operated by Seven Starling. All content and all other elements (whether written or otherwise) of the Services (collectively, the “Materials”), as well as their selection and arrangement, and all intellectual property and other rights relating to Materials, are the property of Seven Starling. You agree not to directly or indirectly sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
- You may provide feedback, ideas and suggestions to Seven Starling (collectively, “Suggestions”). If you provide any Suggestions, you agree that: (i) your Suggestion(s) become our property and you are not owed any compensation in exchange; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.
4. SUSPENSION; VIOLATIONS; TERMINATION. You agree that Seven Starling may suspend or terminate your use of any Services or any portion thereof at any time, for any or no reason, and you agree that Seven Starling will not be liable to you or any third party for any such termination. You acknowledge and agree that Seven Starling has invested in finding and engaging Providers as part of the Services, and therefore that use of the Providers outside of the Services (or other contact with the Providers that is intended to, or has the effect of, avoiding Fees that would otherwise be payable) will cause substantial harm to Seven Starling for which monetary damages may be assessed, but for which monetary damages alone may not be sufficient. Any suspected inappropriate, fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Seven Starling may have at law or in equity.
5. DISCLAIMERS; NO WARRANTIES.
- THE SERVICES ARE MADE AVAILABLE “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Seven Starling DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Seven Starling DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
6. INDEMNIFICATION. You agree to indemnify, defend, and hold Seven Starling (and its affiliated companies, contractors, employees, director, officers, and agents) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (i) your use or misuse of the Services generally; (ii) any violation of the rights of any other person or entity by you; (iii) any breach or violation by you of this Agreement. Seven Starling reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
7. LIMITATION OF LIABILITY AND DAMAGES.
- YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL SEVEN STARLING (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF SEVEN STARLING OR A SEVEN STARLING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 7 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SEVEN STARLINGStarling (OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, DIRECTORS, OFFICERS, OR AGENTS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY OR OTHERWISE) EXCEED THE GREATER OF (i) THE FEES PAID UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY AND (ii) FIFTY U.S. DOLLARS ($50).
- APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT SEVEN STARLING’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.
8. RELEASE. You hereby release and forever discharge us (and our directors, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any interactions with, or act or omission of the Services; or (ii) any Third Party Component. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
9. BENEFIT OF THE BARGAIN.
YOU ACKNOWLEDGE AND AGREE THAT SEVEN STARLING HAS OFFERED THE SERVICES ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS, THE LIMITATIONS OF LIABILITY, AND THE RELEASE SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS, THE LIMITATIONS OF LIABILITY AND THE RELEASE SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SEVEN STARLING, AND THAT THE FOREGOING FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SEVEN STARLING. SEVEN STARLING WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THE FOREGOING.
- This Agreement, and any dispute between you and us, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 10 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of arbitration or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state court located in Suffolk County, Massachusetts or a federal court located in Boston, Massachusetts, except that you or we are permitted (i) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (ii) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (iii) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
- You may opt out of arbitration. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days after the date that you first accepted this Agreement. The opt out notice must state that you do not agree to arbitrate and must include your name, address, phone number, your UI account to which the opt out applies and a clear statement that you want to opt out of arbitration. You must sign the opt out notice for it to be effective. This procedure is the only way you can opt out of arbitration. You must use this address to opt out: [__]
- Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any change to the arbitration procedures (other than a change to any notice address or link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to remove the arbitration procedures from this Agreement, such removal shall not be effective until thirty (30) days after the version of this Agreement not containing the arbitration procedures is posted to our Site, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal. This agreement to arbitrate will survive the termination of your relationship with us.
- Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
- Notices. Seven Starling may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings provided through any Services. You must provide notice to Seven Starling by email or regular mail using the information on the Site.
- Assignment. This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you. Seven Starling may at any time, for any reason and without restriction, transfer or assign this Agreement and the obligations contained in this Agreement to a third party. You hereby acknowledge and agree that if another company acquires Seven Starling or substantially all of our assets (by sale, merger, or otherwise), that transaction may include a sale or transfer of your User Information and you agree to such transfer without further action or confirmation.
- Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification, as well as any other provisions which by their nature are intended to survive expiration or termination of this Agreement, do and hereby survive any expiration or termination of this Agreement or any termination of your use of access to any Services.
- Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation”. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both you and Seven Starling, or by a change to this Agreement.
- Claims. YOU AND Seven Starling AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Modification. We may change, modify, add or remove portions of this Agreement (each, an “Update”) at any time and in our sole discretion upon notice to you, and such Updates will be effective immediately. If we make Updates to this Agreement, we will change the “Last Updated” date above, which shall constitute notice to you. Your continued use of the Services is deemed to confirm your acceptance of the Update. We encourage you to frequently review this Agreement to ensure you understand the latest terms and conditions associated with use of the Services. If you do not agree to the Update, you must discontinue using the Services.