Terms Of Use

Terms and Conditions of Use

The Apnea.com Website (Apnea.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 Apnea.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 Apnea.com Website

Subject to the terms of this Agreement, Apnea.com ("Apnea.com"), grants you a limited, non-exclusive, non-transferable license to:
1. Search and view information available through the Apnea.com Website;
2. Download and make limited printouts of the information you view; and
3. Use the search tools and other services provided on the Apnea.com 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 Apnea.com 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 Apnea.com Website without written permission from Apnea.com or the copyright owner. Your license terminates immediately, without any further action by Apnea.com, if you breach any terms or conditions of this Agreement. You may not transfer or assign your license to any other party.

Apnea.com is the owner or licensee of all rights in the Apnea.com Website, its content, software, and services. You have no right in such content, software or services not expressly granted in this Agreement. "Apnea.com" and the logos or other proprietary marks of Apnea.com's licensors and partners are trademarks of Apnea.com 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 Apnea.com Website limiting the use, reproduction, or dissemination of certain communications and materials available on the Apnea.com Website; and
2. Register with Apnea.com before accessing any restricted areas that you might agree use (prior to their use) while using the Apnea.com 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 Apnea.com Website unless authorized by Apnea.com
2. Change or delete any proprietary notices from materials downloaded or printed out from the Apnea.com Website;
3. Systemically download or print out materials from the Apnea.com Website except for limited educational and research purposes;
4. Transmit or provide any data from the Apnea.com Website to a third party;
5. Use the Apnea.com Website in a manner contrary to any applicable law.

You Should Not Substitute Information on the Apnea.com Website for Professional Advice

The information, communications, and materials available on the Apnea.com Website are provided to you solely for educational or research purposes. Information, communications and materials available on the Apnea.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 Apnea.com Website is updated frequently, health care information changes rapidly and consequently some information on the Apnea.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 Apnea.com Website for consultation with qualified health care professionals; nor should you rely solely on information contained on the Apnea.com Website in rendering a diagnosis or considering a course of treatment.

Apnea.com Is Not Engaged in the Practice of Medicine

The Apnea.com Website is designed to promote education and research regarding snoring, sleep-disordered breathing, obstructive sleep apnea (OSA) and other related health issues. Apnea.com expressly disclaims any and all responsibility for any consequences related, directly or indirectly, to any use, misuse or interpretation of the Apnea.com Website or any other information provided or omitted in connection therewith and you agree to indemnify, defend and hold harmless Apnea.com therefrom. Apnea.com shall not be deemed to be engaged in the corporate practice of medicine as a consequence of providing the Apnea.com Website.

THE Apnea.com WEBSITE IS PROVIDED AS IS

Apnea.com does not represent or warrant that any service or content provided will perform as expected or error-free. Further, Apnea.com is not responsible for the actions of any other party who uses the Apnea.com Website.

Therefore, SERVICES PROVIDED THROUGH AND INFORMATION CONTAINED ON THE APNEA.COM 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, APNEA.COM DISCLAIMS ANY WARRANTY THAT THE APNEA.COM WEBSITE WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. APNEA.COM 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 APNEA.COM WEBSITE.

YOU ARE RESPONSIBLE FOR YOUR USE OF APNEA.COM

You agree to be solely responsible for your use of the Apnea.com Website.

APNEA.COM, 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 APNEA.COM WEBSITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APNEA.COM, 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 APNEA.COM WEBSITE. IN NO EVENT SHALL APNEA.COM, 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.

Apnea.com is Not Responsible For Any Links To Or From Other Websites

The Apnea.com Website may contain links to other Web websites operated by third parties, and other Web websites may provide links to the Apnea.com Website. Such links are provided for your convenience only. Apnea.com 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 Apnea.com unless Apnea.com expressly states so.

You Agree that Apnea.com May Share Certain Information About You

You agree that Apnea.com may share with other parties aggregate information gathered during your use of the Apnea.com Website or the Internet. Aggregate information is information that describes the habits, usage patterns or demographics of users of the Apnea.com Website or the Internet as a group without indicating the identity of particular users. Apnea.com 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, Apnea.com 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 Apnea.com services. However, Apnea.com will not provide your personal information to anyone other than as outlined in this paragraph. Finally, the Apnea.com Website may use this information as necessary to enforce the terms or conditions of this Agreement.

Your Right to Use Apnea.com.com May be Terminated at Any Time

Either you or Apnea.com may terminate your right to use the Apnea.com Website at any time for any reason without notice. Apnea.com reserves the right to terminate or suspend your Apnea.com Website registration without prior notice, although Apnea.com 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 Apnea.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 Apnea.com 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 Apnea.com 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 Apnea.com as a result of these Terms and Conditions or your use of the Apnea.com Website.

Those provisions outlined here that normally would survive after you cease using the Apnea.com Website shall survive.

These Terms and Conditions constitute the entire and only understanding between you and Apnea.com. In the event of any conflict between these Terms and Conditions and any policy or statement regarding your use of the Apnea.com Website, these Terms and Conditions shall govern. No modification or attempted modification of these Terms and Conditions by you shall be binding on Apnea.com unless made in writing and physically signed by an authorized representative of Apnea.com Apnea.com may modify these Terms and Conditions at any time.

These Terms and Conditions are severable to the extent any term is deemed invalid, illegal or unenforceable.

Apnea.com'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 Apnea.com Website reflects your agreement to these Terms and Conditions.