This web site is provided to you under these “Terms of Service” and any amendments or supplements to them that may be posted by Surgical Sleep Solutions from time to time (collectively referred to as this “Agreement”). Your use of this web site shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not use the web site or order any items from it. You can review the current version of the Terms of Service any time you like, and we encourage you to do so periodically. Failure to comply with these Terms of Service may result in termination of usage privileges.
This web site is owned by Cosmetic Surgical Arts Centre., d/b/a Surgical Sleep Solutions (herein referred to as “SleepSol” or “the Owner”). All right to, title to, and interest in the content displayed on the Web Site, including but not limited to the web site’s look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of the Owner or its respective partners, agents, or third parties, with the exception of communications sent or received by users and personal directory contents of those users.
Web Site Intended Audience
This web site is intended for and directed to adults in the United States only. This web site is not intended for any children under the age of 18.
Description of Service
Surgical Sleep Solutions (herein referred to as “the Service”) is a web-based service that allows patients to learn more about obstructive sleep apnea and potential courses of treatment. The website also allows users to complete questionnaires that may help them determine whether they are at risk of developing or have developed obstructive sleep apnea, and to contact the medical offices of Surgical Sleep Solutions for additional information. All data and communication devices (the “Content”) may reside on Surgical Sleep Solutions’s own servers, or on the servers of a third party leased by the Owner.
You agree to indemnify and hold harmless Surgical Sleep Solutions, its owners, directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Web Site; Content you submit, post, or transmit through the Service; your breach of the Agreement; and your connection to the Service. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for internet access.
Modifications to Service
Surgical Sleep Solutions reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Surgical Sleep Solutions shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Links to Other Web Sites
The Service, its users, or relevant third parties, may provide links to other web sites or resources. Because Surgical Sleep Solutions has no control over such sites and resources, you acknowledge and agree that Surgical Sleep Solutions is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Surgical Sleep Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Linking to the Service
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Surgical Sleep Solutions so long as the link does not portray Surgical Sleep Solutions, its affiliates, or their items or services in a false, misleading, or offensive matter. You may not use any Surgical Sleep Solutions logo or graphic or trademark as part of the link without the express written permission of Surgical Sleep Solutions.
Intellectual Property Rights
You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as “Software”), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Surgical Sleep Solutions code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their expressed or implied licenses.
“Surgical Sleep Solutions” is a trademark of SleepSol. The Surgical Sleep Solutions logo and other marks are trademarks or service marks of SleepSol. All other trademarks and service marks are the property of their respective owners. You may not use or display any trademarks or service marks owned by Surgical Sleep Solutions without our prior written consent. Failure of a mark to appear on this page or any other within the Service does not mean that Surgical Sleep Solutions does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. Any questions concerning the use of these trademarks or whether a trademark that is not mentioned here is a trademark of Surgical Sleep Solutions should be referred to Surgical Sleep Solutions Legal using this form.
Surgical Sleep Solutions respects the intellectual property rights of others, and asks our users to do the same. If you believe in good faith that a work has been copied in a way that constitutes copyright infringement, please notify us immediately via this form.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Surgical Sleep Solutions does not directly control Content posted or transmitted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be Surgical Sleep Solutions’s sole discretion as to what action should be taken.
You agree to NOT use the Service to:
1) Upload, post or otherwise transmit any content that is in Surgical Sleep Solutions’s opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
2) Harm minors in any way, as seen by Surgical Sleep Solutions or applicable law;
3) Impersonate any person or entity, including, but not limited to, a Surgical Sleep Solutions staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5) Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6) Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
8) Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
11) “Stalk” or otherwise harass another person or company;
12) Collect or store personal data about other users for business purposes;
13) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
14) Use Surgical Sleep Solutions.com as a forwarding service to another website;
15) Allow usage by others in such a way as to violate Surgical Sleep Solutions’s Terms of Service.
If any user is reported to be in violation with the letter or spirit of these terms, Surgical Sleep Solutions retains the right to terminate such account at any time without further warning.
User Content and Correspondence
You acknowledge that Surgical Sleep Solutions does not have the capability to prescreen Content, but that SleepSol and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or move any Content that is available via the Service. Surgical Sleep Solutions reserves the right in its sole discretion to refuse access to the site to any user for any reason, including without limitation, any reason that violates the Agreement.
By posting Content via the Service or by transmitting Content using the Service, you (1) represent and warrant to Surgical Sleep Solutions that you have all necessary permission to post or transmit Content.
Public sections of this site may contain business information and the opinions and views of other users. Surgical Sleep Solutions is not responsible for the accuracy of such Content on this site. You agree that you must evaluate, and bear all risks associated with, the use of any such Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Any comments, materials, or letters sent by you to Surgical Sleep Solutions regarding the Service, including, without limitation, questions, comments, suggestions, criticisms, or the like (“Received Materials”) shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the communication (i) is “not for publication” and (ii) contains “private and proprietary” information that may not be distributed, or use encrypted support channels to relay those communications. Surgical Sleep Solutions will have no obligation of any kind with respect to Received Materials that you do not restrict and Surgical Sleep Solutions will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials that you do not restrict. Furthermore, Surgical Sleep Solutions is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Surgical Sleep Solutions, whether you restrict its distribution or not, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.
Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, Surgical Sleep Solutions expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
Surgical Sleep Solutions does not make any warranty that the Service will meet your requirements, or that access to the Service will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. Surgical Sleep Solutions makes no warranties as to the results that may be obtained from the use of the service or as to the accuracy, quality, or reliability of any information obtained through the Service.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is used at your own risk and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material and/or data.
No advice or information, whether oral or written, obtained by you from Surgical Sleep Solutions or through the Service shall create any warranty not expressly made in these Terms of Service.
Limitation of Liability
You expressly understand and agree that under no circumstances will Surgical Sleep Solutions be liable for indirect, special, incidental, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect indirect, special, incidental, or consequential damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use, the Service; (2) the use of, or the inability to use, items purchased via the Service; (3) the cost of procurement substitute services, items, or web sites; (4) unauthorized access to or alteration of your transmissions or data; (5) the statements or conduct of any third party on the Service; or (6) any other matter related to the Service. These limitations will apply whether or not Surgical Sleep Solutions has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
The Terms of Service constitutes the entire agreement between you and Surgical Sleep Solutions and governs your use of the Service, superseding any prior agreements between you and Surgical Sleep Solutions (including, but not limited to, any prior versions of the Terms of Service) and any prior representations by Surgical Sleep Solutions. The laws of the State of California, U.S.A, shall govern the Terms of Service and the relationship between you and Surgical Sleep Solutions without regard to its conflict of law provisions. You and Surgical Sleep Solutions agree to submit to the personal and exclusive jurisdiction of a federal or state court sitting in California, County of Riverside and/or the District of Southern California. The failure of Surgical Sleep Solutions to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision, and your violation and/or circumvention of these Terms of Service shall constitute a waiver of your rights under this agreement. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within forty-five (45) days after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. Notwithstanding the foregoing, (but without limiting Surgical Sleep Solutions’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Palm Springs, California using the English language and pursuant to the rules of JAMS. Both parties agree that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
Modifications to the Agreement
Surgical Sleep Solutions may make changes to the Agreement from time to time in its sole discretion, and will post any such changes on the web site. Each time changes are made to the Agreement, Surgical Sleep Solutions reserves the right to provide notice of these changes on the home page or elsewhere. Your continued use of the Service following the posting of changes constitutes your acceptance of any such changes, therefore you should periodically visit this page to determine the then-current Terms of Service to which you are bound.
If you have any questions or concerns with respect to this Agreement or the Service you may contact us using this form.
Please refer to Terms of Service version 1.0.1, last updated 11/01/2012, with any correspondence.
The information communicated via the Service constitutes an electronic communication. When you communicate with us through the Service or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Compliance With Laws
You agree to comply with all applicable local laws regarding your use of the Service, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.