Welcome to the SleepMed Web site (the “Site”). The Site is provided by SleepMed incorporated (“SleepMed”), subject to your compliance with the terms and conditions
set forth below (the “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU
ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, WE ASK
THAT YOU NOT ACCESS OR OTHERWISE USE THE SITE.
SLEEPMED MAY MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A MODIFIED VERSION TO THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THE MODIFIED
AGREEMENT, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SITE. CONTINUED USE OF THE SITE FOLLOWING POSTING OF THE MODIFIED AGREEMENT
SHALL BE DEEMED YOUR ACCEPTANCE THEREOF.
1. Your Responsibilities. SleepMed encourages you to exercise discretion in using the Site. The Site is for your informational, noncommercial purposes only. You, and not
SleepMed, shall have sole responsibility for the following: (1) ensuring that your use of the Site complies with all legal obligations, including but not limited to, obligations
imposed by copyright, trademark, trade secret, defamation, publicity, privacy, and export laws; and (2) using the Site for lawful purposes only. In addition, you shall not
use the Site t (1) post or transmit any materials that infringe in any way upon the rights of others (including but not limited to intellectual property rights) or that is unlaw-
ful, threatening, abusive, defamatory or that violate any rights of privacy or publicity; or (2) advertise, solicit, or perform any commercial services.
2. Intellectual Property Ownership. The contents of this Site, such as text, graphics, images, logos, button icons, software and other “Material”, are protected under United
States and foreign copyright, trademark and other laws. All Material is the property of SleepMed or its content suppliers or clients. The compilation (meaning the collec-
tion, arrangement and assembly) of all content on this Site is the exclusive property of SleepMed and protected by U.S. and international copyright laws. Unauthorized
use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in
the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use
the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is
Third party content (including but not limited to, third party content which you access or obtain through the Site) will remain the property of the respective owner and
may be protected by copyright, trademark, and other U.S. and international intellectual property laws. By using the Site you do not acquire any right, title or interest in
(a) You Are Responsible for Ensuring That You Do Not Infringe Upon Third Party Rights. You, and not SleepMed, have sole responsibility for determining whether you have
adequate legal rights to use the Site in connection with any content (“Content”), and/or to access, store, reproduce or otherwise make use of any Content on or through
the Site. This responsibility includes the obligation to ensure that you comply with all agreements and instructions governing the use of any Content (e.g., prohibitions on
reproduction or distribution), as well as any applicable laws, regulations and ordinances (e.g., copyright and other intellectual property laws). You agree not to transmit,
disseminate, sell, publish, broadcast or commercially exploit, in any manner, any Content which you access or obtain on or through the Site, without the express written
consent of SleepMed or the applicable Content owner.
(b) Do Not Change or Delete Proprietary Rights Notices. You agree not to change or delete any proprietary rights notices from any Content which you access or obtain
on or through the Site. You further agree to comply with reasonable requests by SleepMed to protect the Content owner?s and SleepMed?s respective rights in the Con-
tent and the Site.
(c) Acceptable Linking Practices. When using a URL address to create a link to the SleepMed Site, you must link to the SleepMed homepage only, using the following
URL: www.sleepmed.md. Do Not create a link to any interior Web page of the SleepMed Site.
(d) Do Not “Frame” SleepMed Web pages or Content. You may not mirror any SleepMed Web page or Content on your Web site. Under no circumstances may you pres-
ent Content found anywhere on the SleepMed site as your own or “frame” a SleepMed Web page or Content with another Web page.
(e) Violations and Legal Liability. You understand that violating any of these provisions could subject you to legal liability. SleepMed reserves the right to remove any
Content from the Site in the event that SleepMed receives notice or otherwise becomes aware that the use of the Content constitutes infringing activity. SleepMed shall
incur no liability whatsoever regarding the removal by SleepMed of any Content, and SleepMed shall have no obligation to evaluate the merit, adequacy, or sufficiency
of any such notice.
3. This Site Is Not Warranted or Guaranteed in Any Way. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE. THE SITE AND ALL CONTENT,
INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON, OR MADE AVAILABLE THROUGH, THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO WAR-
RANTIES WHATSOEVER, EXPRESS OR IMPLIED. SLEEPMED EXPLICITLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGE-
MENT OF PROPRIETARY RIGHTS.
SLEEPMED DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SLEEPMED DOES NOT
WARRANT THAT YOUR USE OF THE SITE WILL NOT INFRINGE UPON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PARTY. BY USING THIS SITE
YOU ASSUME ALL RESPONSIBILITY AND RISK RELATING THERETO.
SleepMed does not warrant or guaranty the accuracy, completeness, timeliness, or correct sequencing of any content, services, functions, materials, or information. In ad-
dition, there may be delays and inaccuracies in content, and content may become unavailable. SleepMed, and the respective content providers, shall have no liability
whatsoever for the accuracy, completeness, timeliness, or correct sequencing of the foregoing, or for any decision or action taken by you in reliance thereof, or for inter-
ruption of any services and/or data.
SleepMed makes no representation that any content accessed or obtained on or through the Site are appropriate or available for use in any particular location. Access-
ing them from locales where their use is illegal is expressly prohibited.
You hereby waive all claims against SleepMed arising from or relating to this Agreement, the Site, and/or your use thereof.
4. Limitation of Liability. AS THE USER, YOU ASSUME ALL RISKS AND LI-ABILITIES ASSOCIATED WITH THE USE OF THE SITE. UNDER NO CIRCUM-STANCES SHALL
SLEEPMED BE LIABLE TO ANY PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE, ARISING FROM OR RELATING TO ANY
USE OF, OR INABILITY TO USE, THE SITE, EVEN IF SLEEPMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole and exclusive remedy under
this Agreement is to discontinue use of the Site.
5. Indemnification. As the user, you agree to indemnify, defend, and hold harmless SleepMed, its officers, directors, employees, agents, licensors, suppliers, and any third
parties whose content is accessed or used on or through the Site from and against all losses, expenses, damages, and costs (including reasonable attorneys? fees) result-
ing from any violation of this Agreement, or any activity arising from or related to the Site by you (including negligent and wrongful conduct, and conduct which infringes
upon the intellectual property or proprietary rights of any party).
6. No Responsibility for Third Party Content. SleepMed is not a publisher of third party content. Rather, its services are in the nature of a distributor of content. According-
ly, SleepMed has no more editorial control over such content than does a library or a newsstand. Any content, opinions, advice, statements, or services displayed on or
through the Site are those of the respective author and/or applicable distributor, and not of Sleep-Med.
7. SleepMed Assumes No Responsibility for Third Party Links. The Site may contain links to third party Web sites. The linked sites are not under the control of SleepMed,
and SleepMed is not responsible for the contents of any linked site or any link contained in a linked site. The contents of linked sites may or may not constitute materials
in the public domain. SleepMed makes no representations concerning the copyright protection due the contents found on linked sites. Permission to reproduce materials
and contents found on linked sites may be required and you are solely responsible for making such determination. SleepMed provides such links only as a convenience,
and the inclusion of a link does not constitute or imply any endorsement of the linked site by SleepMed.
8. Registration Information Provided to SleepMed and Your Privacy Rights. Any identifying information you provide to us or which we collect about you will be used only
links provided on the individual pages of the Site.
9. Applicable Laws. This Site is controlled by SleepMed from its offices in Massachussetts, USA, although it is accessible worldwide over the Internet. By accessing the Site
and/or the Service, you agree that that the laws of the State of South Carolina (without regard to the conflicts of laws principles thereof) will apply to all matters relating
to your use of this Site. In addition, you also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in the State of South Carolina.
10. Severability. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforce-
able, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
11. Entire Agreement. This Agreement contains the full understanding of the parties and supersedes all prior agreements and understandings, written or oral, between the
parties with respect to the subject matter hereof; and there are no representations, warranties, agreements or understandings other than those expressly contained
herein. Notwithstanding the foregoing, SleepMed reserves the right to change the terms and conditions of this Agreement at any time and without prior notice. Such
changes will be posted on this page.
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