The SleepQuest.com website (SleepQuest.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 SleepQuest.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 SleepQuest.com Website
Subject to the terms of this Agreement, SleepQuest, Inc., grants you a limited, non-exclusive, non-transferable license to:
- Search and view information available through the SleepQuest Website;
- Download and make limited printouts of the information you view; and
- Use the search tools and other services provided on the SleepQuest 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 SleepQuest website is for educational or research purposes. Any other commercial use, such as reselling access or creating course packs or posting information on another website, is prohibited. You may not redistribute, retransmit, or publish any copyrighted material downloaded from the SleepQuest Website without written permission from SleepQuest, Inc. or the copyright owner. Your license terminates immediately, without any further action by SleepQuest, if you breach any terms or conditions of this Agreement. You may not transfer or assign your license to any other party.
SleepQuest, Inc. is the owner or licensee of all rights in the SleepQuest.com website, its content, software, and services. You have no right in such content, software or services not expressly granted in this Agreement. "SleepQuest" and the logos or other proprietary marks of SleepQuest's licensors and partners are trademarks of SleepQuest 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:
- Comply with all notices posted on the SleepQuest.com website limiting the use, reproduction, or dissemination of certain communications and materials available on the SleepQuest.com website; and
- Register with SleepQuest.com before accessing any restricted areas that you might agree use (prior to their use) while using the SleepQuest.com website.
What You Agree Not To Do
In exercising the limited rights granted you under this Agreement, you agree to not:
- Import, Link and/or Frame all or part of the SleepQuest.com website unless authorized by SleepQuest, Inc.
- Change or delete any proprietary notices from materials downloaded or printed out from the SleepQuest.com website;
- Systemically download or print out materials from the SleepQuest.com website except for limited educational and research purposes;
- Transmit or provide any data from the SleepQuest.com website to a third party;
- Use the SleepQuest.com website in a manner contrary to any applicable law.
You Should Not Substitute Information on the SleepQuest.com Website for Professional Advice
The information, communications, and materials available on the SleepQuest.com website are provided to you solely for educational or research purposes. Information, communications and materials available on the SleepQuest.com 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 SleepQuest.com website is updated frequently, health care information changes rapidly and consequently some information on the SleepQuest.com 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 SleepQuest.com website for consultation with qualified health care professionals; nor should you rely solely on information contained on the SleepQuest.com website in rendering a diagnosis or considering a course of treatment.
SleepQuest, Inc. Is Not Engaged In the Practice of Medicine
The SleepQuest.com website is designed to promote education and research regarding snoring, sleep-disordered breathing, obstructive sleep apnea (OSA) and other related health issues. SleepQuest expressly disclaims any and all responsibility for any consequences related, directly or indirectly, to any use, misuse or interpretation of the SleepQuest.com website or any other information provided or omitted in connection therewith and you agree to indemnify, defend and hold harmless SleepQuest therefrom. SleepQuest shall not be deemed to be engaged in the corporate practice of medicine as a consequence of providing the SleepQuest.com website.
The SleepQuest.com Website Is Provided As Is
SleepQuest, Inc. does not represent or warrant that any service or content provided will perform as expected or error-free. Further, SleepQuest is not responsible for the actions of any other party who uses the SleepQuest.com website.
Therefore, SERVICES PROVIDED THROUGH AND INFORMATION CONTAINED ON THE SleepQuest.com WEBSITE ARE PROVIDED AS IS AND AS AVAILABLE. SLEEPQUEST MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. FURTHER, SLEEPQUEST DISCLAIMS ANY WARRANTY THAT THE SleepQuest.com WEBSITE WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. SLEEPQUEST 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 SleepQuest.com WEBSITE.
You Are Responsible For Your Use of SleepQuest.com
You agree to be solely responsible for your use of the SleepQuest.com website.
SLEEPQUEST, 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 SleepQuest.com WEBSITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SLEEPQUEST, INC., 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 SleepQuest.com WEBSITE. IN NO EVENT SHALL SLEEPQUEST , 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.
SleepQuest, Inc. Is Not Responsible For Any Links To or From Other Websites
The SleepQuest.com website may contain links to other Web websites operated by third parties, and other Web websites may provide links to the SleepQuest.com website. Such links are provided for your convenience only. SleepQuest 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 SleepQuest unless SleepQuest expressly states so.
You Agree That SleepQuest May Share Certain Information about You
You agree that SleepQuest may share with other parties aggregate information gathered during your use of the SleepQuest.com website or the Internet. Aggregate information is information that describes the habits, usage patterns or demographics of users of the SleepQuest.com website or the Internet as a group without indicating the identity of particular users. SleepQuest 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, SleepQuest 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 SleepQuest services. However, SleepQuest will not provide your personal information to anyone other than as outlined in this paragraph. Finally, the SleepQuest.com website may use this information as necessary to enforce the terms or conditions of this Agreement.
Your Right to Use MySleepQuest .com May Be Terminated at Any Time
Either you or SleepQuest may terminate your right to use the SleepQuest.com website at any time for any reason without notice. SleepQuest reserves the right to terminate or suspend your SleepQuest.com website registration without prior notice, although SleepQuest will confirm such termination or suspension upon request by you.
This Agreement Is Governed By California Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, 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 SleepQuest.com 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 SleepQuest Must Be Brought In California.
You agree that the state or federal courts located in California, 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 SleepQuest.com website. You waive any claim that a court located in California, 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 SleepQuest as a result of these Terms and Conditions or your use of the SleepQuest.com website.
Those provisions outlined here that normally would survive after you cease using the SleepQuest.com website shall survive.
These Terms and Conditions constitute the entire and only understanding between you and SleepQuest. In the event of any conflict between these Terms and Conditions and any policy or statement regarding your use of the SleepQuest.com website, these Terms and Conditions shall govern. No modification or attempted modification of these Terms and Conditions by you shall be binding on SleepQuest unless made in writing and physically signed by an authorized representative of SleepQuest , Inc. SleepQuest may modify these Terms and Conditions at any time.
Notices sent to you by SleepQuest in connection with this Agreement may be delivered to you by electronic mail, a general notice on the SleepQuest.com website, or by written communication delivered by first class U. S. mail to your address on record in the SleepQuest.com website's account information. You may give notice to SleepQuest at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
985 Industrial Road, Suite 200
San Carlos, CA 94070-4157
These Terms and Conditions are severable to the extent any term is deemed invalid, illegal or unenforceable.
SleepQuest'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 SleepQuest.com website reflects your agreement to these Terms and Conditions.