Terms and Conditions of Use
The Sleep Solutions Website (Sleep-Solutions.com) is an Internet-based
source of information and diagnostic services for consumers, patients and
medical professionals interested in snoring and sleep-disordered breathing.
Your use of the Sleep-Solutions.com website, though, is limited in important
ways as outlined in the following Terms and Conditions of Use
("Agreement"). Please read them carefully.
Your License to Use the Sleep Solutions Website
Subject to the terms of this Agreement, Sleep Solutions, Inc. ("Sleep
Solutions"), grants you a limited, non-exclusive, non-transferable license
to:
1. Search and view information available through the Sleep Solutions Website;
2. Download and make limited printouts of the information you view; and
3. Use the search tools and other services provided on the Sleep Solutions
Website.
Your license is limited in a number of ways. For example, the only
commercial use for which you may use, download or printout material contained
on the Sleep Solutions website is for educational or research purposes. Any
other commercial use, such as reselling access or creating course packs or
posting information on another Web website, is prohibited. You may not
redistribute, retransmit, or publish any copyrighted material downloaded from
the Sleep Solutions Website without written permission from Sleep Solutions,
Inc. or the copyright owner. Your license terminates immediately, without any
further action by Sleep Solutions, if you breach any terms or conditions of
this Agreement. You may not transfer or assign your license to any other party.
Sleep Solutions is the owner or licensee of all rights in the Sleep
Solutions Website, its content, software, and services. You have no right in
such content, software or services not expressly granted in this Agreement.
"Sleep Solutions" and the logos or other proprietary marks of Sleep
Solutions's licensors and partners are trademarks of Sleep Solutions or its
licensors and partners. No right, title or interest in those trademarks is
granted you in this Agreement.
What You Agree to Do
In exercising the limited rights granted you under this Agreement, you agree
to:
1. Comply with all notices posted on the Sleep Solutions Website limiting the
use, reproduction, or dissemination of certain communications and materials
available on the Sleep Solutions Website; and
2. Register with Sleep Solutions before accessing any restricted areas that you might agree use
(prior to their use) while using the Sleep Solutions Website.
What You Agree Not to Do
In exercising the limited rights granted you under this Agreement, you agree
to not:
1. Import, Link and/or Frame all or part of the Sleep Solutions Website unless
authorized by Sleep Solutions, Inc.
2. Change or delete any proprietary notices from materials downloaded or
printed out from the Sleep Solutions Website;
3. Systemically download or print out materials from the Sleep Solutions
Website except for limited educational and research purposes;
4. Transmit or provide any data from the Sleep Solutions Website to a third
party;
5. Use the Sleep Solutions Website in a manner contrary to any applicable law.
You Should Not Substitute Information on the Sleep Solutions Website for
Professional Advice
The information, communications, and materials available on the Sleep
Solutions Website are provided to you solely for educational or research
purposes. Information, communications and materials available on the Sleep
Solutions Website is not and should not be considered professional health care
advice. Nor should you assume that information on a particular topic is
complete. While the content provided through the Sleep Solutions Website is
updated frequently, health care information changes rapidly and consequently
some information on the Sleep Solutions Website may be out of date or, in the
case of certain content sources, historic in nature. You therefore should not
substitute information contained on the Sleep Solutions Website for
consultation with qualified health care professionals; nor should you rely
solely on information contained on the Sleep Solutions Website in rendering a
diagnosis or considering a course of treatment.
Sleep Solutions Is Not Engaged in the Practice of Medicine
The Sleep Solutions Website is designed to promote education and research regarding
snoring, sleep-disordered breathing, obstructive sleep apnea (OSA) and other
related health issues. Sleep Solutions expressly disclaims any and all
responsibility for any consequences related, directly or indirectly, to any
use, misuse or interpretation of the Sleep Solutions Website or any other
information provided or omitted in connection therewith and you agree to
indemnify, defend and hold harmless Sleep Solutions therefrom. Sleep Solutions
shall not be deemed to be engaged in the corporate practice of medicine as a
consequence of providing the Sleep Solutions Website.
THE SLEEP SOLUTIONS WEBSITE IS PROVIDED AS IS
Sleep Solutions does not represent or warrant that any service or content
provided will perform as expected or error-free. Further, Sleep Solutions is
not responsible for the actions of any other party who uses the Sleep Solutions
Website.
Therefore, SERVICES PROVIDED THROUGH AND INFORMATION CONTAINED ON THE SLEEP
SOLUTIONS WEBSITE ARE PROVIDED AS IS AND AS AVAILABLE. SLEEP SOLUTIONS MAKES
NO, AND HEREBY DISCLAIMS ANY, WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. FURTHER, SLEEP
SOLUTIONS DISCLAIMS ANY WARRANTY THAT THE SLEEP SOLUTIONS WEBSITE WILL BE
AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. SLEEP
SOLUTIONS AND ITS INFORMATION PROVIDERS MAKE NO WARRANTY AS TO THE RELIABILITY,
ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE
SERVICES OR INFORMATION CONTAINED ON THE SLEEP SOLUTIONS WEBSITE.
YOU ARE RESPONSIBLE FOR YOUR USE OF SLEEP-SOLUTIONS.COM
You agree to be solely responsible for your use of the Sleep Solutions
Website.
SLEEP SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION
PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER OR CAUSE THROUGH
YOUR USE OF THE SLEEP SOLUTIONS WEBSITE EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
SLEEP SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION
PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO
USE THE SLEEP SOLUTIONS WEBSITE. IN NO EVENT SHALL SLEEP SOLUTIONS, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS' LIABILITY TO
YOU EXCEED US $10.00.
THE LIMITATIONS STATED IN THIS SECTION SHALL APPLY WHETHER THE ASSERTED
LIABILITY OR DAMAGES ARE BASED IN CONTRACT (INCLUDING, BUT NOT LIMITED TO,
BREACH OF WARRANTY), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY
OTHER LEGAL OR EQUITABLE GROUNDS.
Sleep Solutions is Not Responsible For Any Links To Or From Other
Websites
The Sleep Solutions Website may contain links to other Web websites operated
by third parties, and other Web websites may provide links to the Sleep
Solutions Website. Such links are provided for your convenience only. Sleep
Solutions does not control these other websites and assumes no liability or
responsibility for them, including any content or services provided to you by
such website. You should not consider any link to or from a third party website
as an endorsement of any such website by Sleep Solutions unless Sleep Solutions
expressly states so.
You Agree that Sleep Solutions May Share Certain Information About You
You agree that Sleep Solutions may share with other parties aggregate
information gathered during your use of the Sleep Solutions Website or the
Internet. Aggregate information is information that describes the habits, usage
patterns or demographics of users of the Sleep Solutions Website or the
Internet as a group without indicating the identity of particular users. Sleep
Solutions will not disclose personally identifiable information about you to
other parties except as required by law.
You also agree that, should you elect to supply it, Sleep Solutions may use
your name, email address, physical address, or other data to communicate with
you. This information also will be disclosed to third parties, such as your
physician, if you use Sleep Solutions services. However, Sleep Solutions will
not provide your personal information to anyone other than as outlined in this
paragraph. Finally, the Sleep Solutions Website may use this information as necessary
to enforce the terms or conditions of this Agreement.
Your Right to Use Sleep Solutions.com May be Terminated at Any Time
Either you or Sleep Solutions may terminate your right to use the Sleep
Solutions Website at any time for any reason without notice. Sleep Solutions
reserves the right to terminate or suspend your Sleep Solutions Website
registration without prior notice, although Sleep Solutions will confirm such
termination or suspension upon request by you.
This Agreement is Governed by Maryland Law
This Agreement shall be governed by and construed in accordance with the
laws of the State of Maryland, United States of America, as such laws
would apply to a contract fully negotiated, entered into, and performed in that
state.
You Agree to Arbitrate Any Dispute Between Us
You agree that any dispute, controversy or claim arising out of or related
to these Terms and Conditions or your use of the Sleep Solutions Website will
be resolved and settled through arbitration administered by the American
Arbitration Association and conducted in Maryland,
United States of America. Judgment on any award rendered by the arbitrator may
be entered in any court of competent jurisdiction.
Any Action Against Sleep Solutions Must be Brought in Maryland.
You agree that the state or federal courts located in Maryland,
United States of America, shall have exclusive
jurisdiction and venue over any action arising out of or relating to this
Agreement or your use of the Sleep Solutions Website. You waive any claim that
a court located in Maryland, lacks personal
jurisdiction over you, is an improper venue, or is an inconvenient forum.
Other Miscellaneous Provisions
No joint venture, partnership, employment or agency relationship exists
between you and Sleep Solutions as a result of these Terms and Conditions or
your use of the Sleep Solutions Website.
Those provisions outlined here that normally would survive after you cease
using the Sleep Solutions Website shall survive.
These Terms and Conditions constitute the entire and only understanding
between you and Sleep Solutions. In the event of any conflict between these
Terms and Conditions and any policy or statement regarding your use of the
Sleep Solutions Website, these Terms and Conditions shall govern. No
modification or attempted modification of these Terms and Conditions by you
shall be binding on Sleep Solutions unless made in writing and physically
signed by an authorized representative of Sleep Solutions, Inc. Sleep Solutions
may modify these Terms and Conditions at any time.
Notices sent to you by Sleep Solutions in connection with this Agreement may
be delivered to you by electronic mail, a general notice on the Sleep Solutions
Website, or by written communication delivered by first class U. S. mail to
your address on record in the Sleep Solutions Website's account information.
You may give notice to Sleep Solutions at any time by letter delivered by first
class postage prepaid U. S. mail or overnight courier to the following address:
Sleep Solutions, Inc.
8028 Ritchie Highway
Suite 120
Pasadena, MD 21122
These Terms and Conditions are severable to the extent any term is deemed
invalid, illegal or unenforceable.
Sleep Solutions's failure to enforce any provision of these Terms and
Conditions shall not be deemed a waiver of that or any other provision of these
Terms and Conditions.
Your use of the Sleep Solutions Website reflects your agreement to these
Terms and Conditions.
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