Terms - Home Sleep Center

Terms and Conditions of Use

Version 2.4

These Terms and Conditions of Use Agreement (“Agreement”) is made by and between Terms and Conditions of Use

Version 2.4

These Terms and Conditions of Use Agreement (“Agreement”) is made by and between Home Sleep Center Inc. (“Home Sleep Center Inc”,” “we,” or “us”), having a principal place of business in Minnesota, USA, and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your use of this United States Website and any website that displays, links to, or references this Agreement as well as any services offered by Home Sleep Center Inc” on this Website (each website and service collectively and individually referred to herein as “Website”).

I Home Sleep Center Inc” may make changes to this Agreement, which will be posted to this page and will become effective immediately upon posting. For this reason, we urge you to read these terms each time you visit our Site.

U.S. WEBSITE

This Website is intended for use by United States residents only and contains information regarding Home Sleep Center Inc” and its products and services available within the United States. If you are a non-U.S. resident, please visit the Home Sleep Center Inc” website appropriate to your geography:

Any references to products or services on the Website do not imply that Home Sleep Center Inc” intends to announce or offer these products or services in your country.

PERSONAL INFORMATION OF CHILDREN

THIS WEBSITE IS INTENDED FOR USE BY INDIVIDUALS 18 YEARS OF

AGE OR OLDER. WE HAVE NO INTENT TO COLLECT INFORMATION

FROM CHILDREN UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT ACCESS OR USE THIS WEBSITE WITHOUT THE CONSENT OF YOUR PARENT OR GUARDIAN.

ACCESS TO THIS WEBSITE

If you do not agree to abide by all of the provisions contained in these terms, you must not use or access this Website. By accessing, visiting, browsing, using, or otherwise interacting with this Website, you agree that you have read, understand, and agree to be bound by this Agreement, as it may be amended from time to time by us including, without limitation, any changes from prior posted terms and conditions of use. Some areas of the Website may have additional terms and conditions (“Additional Terms”). Where Additional Terms apply, we will make them available for you to read prior to your use of that area of the Website. By using those areas of the Website, you agree to the Additional Terms. If you disagree with this Agreement or are dissatisfied in any way with this Website, your sole and exclusive remedy is to discontinue accessing, visiting, browsing, using, or otherwise interacting with this Website.

PROVISION OF INFORMATION

To access this Website or some of the resources it offers, including contacting Home Sleep Center Inc or connecting with doctors, you may be asked to provide certain registration details or other information such as your zip code, name, e-mail address, phone number and other credentials, as well as information regarding your present diagnosis, course of treatment, and biometric information. It is a condition of your use of this Website that all the information you provide on this Website will be correct, current, and complete. If Home Sleep Center Inc” believes the information you provide is not correct, current, or complete, Home Sleep Center Inc” has the right to refuse you access to this Website or any of its resources, and to terminate or suspend your access at any time. All information collected via this Website or by Home Sleep Center Inc” in the course of your use of an Home Sleep Center Inc” resource advertised on this Website shall be used and stored in a manner consistent with our Privacy Policy.

RESTRICTIONS ON USE

You may use this Website for purposes expressly permitted by this Website.

As a condition of your use of the Website, you warrant to Home Sleep Center Inc” that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. For example and without limitation, you may not (and may not authorize any party to) (i) co-brand this Website, or (ii) frame this Website, without the express prior written permission of an authorized representative of Home Sleep Center Inc”. For purposes of this Agreement,

“co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website or its Content. You agree to cooperate with Home Sleep Center Inc” in causing any unauthorized cobranding or framing immediately to cease. In addition, you may not use the Website in any manner which could disable, overburden, damage, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials, Content, or information through any means not intentionally made available or provided to you, including without limitation exceed the limitations of access granted to you, through the Website. You may not use scrapers, bots, spiders, or other automated tools to collect or index the Content of this Website without our express permission. Your use of this Website is strictly for your personal, non-commercial use only.

PROPRIETARY INFORMATION

The material and content accessible from this Website, and any other Website owned, operated, licensed, or otherwise controlled by Home Sleep Center Inc”, including without limitation all text, video, audio, streaming content, graphics, images, photographs and other perceivable media, as well as documents and information downloadable from the website (the “Content”) is the proprietary information of Home Sleep Center Inc” or the party that provided or licensed the Content to Home Sleep Center Inc, whereby Home

Sleep Center Inc” and its licensors retain all right, title, and interest in the Content. Neither title nor intellectual property rights in and to the Website or the Content are transferred to you by access to this Website. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, reverse engineer, decompile, disassemble, translate, transfer, or sell any information, Content, software, products, or services obtained from or otherwise connected to the Website. Modification or use of the Website or its Content except as expressly provided in this Agreement violates Home Sleep Center Inc” intellectual property rights and/or the intellectual property rights of others.

HYPER-LINKS

This Website may be hyper-linked to other Websites which are not maintained by, or related to, Home Sleep Center Inc”. Hyper-links to such Websites are provided as a service to users and are not sponsored by or affiliated with this Website or Home Sleep Center Inc”. Home Sleep Center Inc” has not reviewed any or all of such Websites and is not responsible for the content of those Websites. Home Sleep Center Inc” is not responsible for webcasting or any other form of transmission received from any hyper- linked Website.

Hyper-links are to be accessed at the user’s own risk, and Home Sleep Center Inc” makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the Websites hyper-linked to this Website. Home Sleep Center Inc” provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party Website does not necessarily imply endorsement by Home Sleep Center Inc” of that Website, its owner, or its content.

FEEDBACK

You hereby grant to Home Sleep Center Inc” the royalty-free, perpetual, irrevocable, worldwide, sublicensable through multiple levels, transferrable, non-exclusive right and license to use, reproduce, make, modify, adapt, publish, translate, broadcast, create derivative works from, distribute, offer to sell, sell, import, perform, and display all feedback, suggestions, ideas, or other improvements to, or reviews of, the Website or the Content you communicate to Home Sleep Center Inc” (together, (“Feedback”), and to incorporate any Feedback, in whole or in part or modified as Home Sleep Center Inc” sees fit, in other works, products, or services in any form, media, or technology now known or later developed. You hereby waive in perpetuity all so-called “moral rights,” rights of integrity, rights of paternity, rights of disclosure, rights of withdrawal, rights of attribution, rights to prevent attribution in the event of a distortion, mutilation, or modification, and all such analogous rights in or related to any Feedback.

Home Sleep Center Inc” will not be required to treat any Feedback as confidential, and may use any Feedback to the full extent of its license without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Home Sleep Center Inc” products, services, or other business operations.

ACCURACY OF INFORMATION & PROJECTIONS

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Home Sleep Center Inc. This Website may contain forward-looking statements that reflect Home Sleep Center Inc” current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals, validity, and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Home Sleep Center Inc” may update this Website on a regular basis but assumes no obligation to update any of the Content.

LIMITATION OF LIABILITY

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT

WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HOME

SLEEP CENTER INC DISCLAIMS ALL WARRANTIES, INCLUDING ANY

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. HOME SLEEP

CENTER INC DOES NOT WARRANT THAT THE FUNCTIONS OR

CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR

ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS

WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF

VIRUSES OR OTHER HARMFUL COMPONENTS. HOME SLEEP CENTER

INC DOES NOT WARRANT OR MAKE ANY REPRESENTATION

REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN

TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT

MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL

ERRORS, AND HOME SLEEP CENTER INC MAY MAKE CHANGES OR

IMPROVEMENTS AT ANY TIME. YOU, AND NOT HOME SLEEP CENTER

INC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,

REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE

ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. HOME

SLEEP CENTER INC MAKES NO WARRANTIES THAT YOUR USE OF THE

CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

NO MEDICAL ADVICE

You should not consider content on the Website to be medical advice. You should not rely on Content on the Website to make medical decisions. These decisions should only be made in consultation with your healthcare providers. Content found on the Website is for informational purposes only and is not intended to replace the relationship between you and your physician or other healthcare provider. The “Learn More About Home Sleep Center Inc” feature is designed to educate you about commonly occurring insurance coverage limitations and the FDA indications for Home Sleep Center Inc therapy so that you can make a more informed decision as to whether or not to contact a physician for evaluation for Home Sleep Center Inc therapy. This service is for general informational purposes only, and you should be aware that Home Sleep Center Inc offers no opinion or advice relating to the scope of coverage that may be available to you, as to whether Home Sleep Center Inc therapy is suitable or not for you, or as to whether it is advisable for you to consult a physician about your sleep apnea or any other concern.

FIND A DOCTOR

The Find a Doctor feature is provided for your convenience in locating a physician who offers Home Sleep Center Inc therapy, and, while each physician listed has completed an Home Sleep Center Inc training course, Home Sleep Center Inc does not endorse any particular physician or practice listed on this Website. Home Sleep Center Inc makes no representation or warranty that any particular therapy is safe, appropriate or effective for you, or that any particular healthcare provider has a particular level of skill.

You understand that the providers accessible through the Find a Doctor feature are not affiliated with Home Sleep Center Inc, except that some of them are Home Sleep Center Inc customers or implanters of Home Sleep Center Inc product. Any opinions, medical or otherwise, expressed by the providers are based on their own experience and judgment, and not necessarily those of Home Sleep Center Inc. Providers do not pay a fee to Home Sleep Center Inc to be listed in the Find a Doctor Feature, but are selected based on their completion of Home Sleep Center Inc training and their commitment to good customer service. You will be directed to providers located within a 150 mile radius of the zip code you provide or state you choose from a dropdown list. While a failure to meet Home Sleep Center Inc selection criteria will result in exclusion from this list, there are many reasons why a provider may not be included (e.g., it has not applied), so you should not draw negative conclusions about a provider not on the list. Home Sleep Center Inc seeks to assure that all listed providers have their own systems in place to support good customer service, but Home Sleep Center Inc does not guarantee or endorse their professional skills, nor does it impose any requirements on the way they render professional services. Home Sleep Center Inc does not recommend or endorse any providers and specifically disclaims all responsibility for any liability, loss, or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, as a result of acts or omissions of any provider on the site.

SMS Messaging

SMS Messaging is used to send educational information about Home Sleep Center Inc, remind you to contact a physician in your area or to provide other relevant Home Sleep Center Inc content and information.

You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at info@homesleepcenter.com.

Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies depending on your activity. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have any questions regarding privacy, please read our privacy policy.

LIMITATION ON LIABILITY

HOME SLEEP CENTER INC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,

EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE

LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL,

CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES,

INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING,

EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF HOME SLEEP

CENTER INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HOME

SLEEP CENTER INC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS,

SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR

EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You agree that you cannot file a claim or cause of action arising out of or related to this Agreement or the Website more than one (1) year after such claim or cause of action arose.

TERMINATION OR RESTRICTION OF ACCESS

Home Sleep Center Inc reserves the right, in its sole discretion, to (i) terminate your access to the Website and the related services or any portion thereof at any time, without notice; and (ii) withdraw, suspend, or discontinue any functionality or feature of the Website.

INDEMNITY

You will indemnify and hold Home Sleep Center Inc, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website, except to the extent such claims and losses are due to the negligent or willfully malicious acts of Home Sleep Center Inc.

TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this Website are the property of Home Sleep Center Inc or the party that provided the trademarks, services marks, logos, and copyrighted works to Home Sleep Center Inc. Home Sleep Center Inc and any party that provided trademarks, service marks, logos, and copyrighted works to Home Sleep Center Inc retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Website.

SECURITY

You are prohibited from any attempt to compromise security or tamper with system resources and/or accounts associated with this Website. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Home Sleep Center Inc reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Home Sleep Center Inc reserves the right to investigate suspected violations of this Agreement.

Without limiting Home Sleep Center Inc right to use data related to you as set forth in its Privacy Policy, Home Sleep Center Inc may use and disclose information related to you in special instances when we have reason to believe disclosing this information is necessary to investigate, identify, contact, or bring legal action against someone who may be causing injury to or interfering with our rights or property, other Website visitors, or anyone else. Home Sleep Center Inc may disclose your information when subpoenaed, if ordered or otherwise required by a court of law, arbitrator, or other similar proceeding or the rules governing such a proceeding, for government investigations, with government agencies if required by law, to exercise, establish, or defend Home Sleep Center Inc legal rights, to protect your vital interests or those of any other third party, and when Home Sleep Center Inc otherwise believes in good faith that any applicable law requires it.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS

HOME SLEEP CENTER INC FROM ANY CLAIMS RESULTING FROM ANY

ACTION TAKEN BY HOME SLEEP CENTER INC DURING OR AS A

RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HOME SLEEP CENTER INC OR LAW ENFORCEMENT AUTHORITIES.

Home Sleep Center Inc is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our Website. Our use of personally identifiable information is governed by our Privacy Policy.

You understand that Home Sleep Center Inc cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. Home Sleep Center Inc does not assume any responsibility or risk for your use of the Internet.

You recognize and agree that when submitting your personally identifiable information to Home Sleep Center Inc, while Home Sleep Center Inc may have safeguards in place to prevent unauthorized access or interception,

there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN

INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS,

HOME SLEEP CENTER INC SHALL NOT BE RESPONSIBLE FOR SUCH

INTERCEPTIONS. HOME SLEEP CENTER INC DOES NOT WARRANT,

EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS.

MISCELLANEOUS

This Agreement will be governed and interpreted pursuant to the laws of California, United States of America, excluding any principles of conflicts of law. You specifically consent to personal jurisdiction Los Angeles, CA in connection with any dispute between you and Home Sleep Center Inc arising out of or relating to this Agreement or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of this Agreement will be in the state and federal courts in Los Angeles, CA.

Home Sleep Center Inc may assign or otherwise convey any of its rights and obligations under this Agreement, but you may not. All of the terms and conditions of this Agreement shall inure and be binding upon any party’s permitted successors and assigns.

If any part of this Agreement is unlawful, void, or unenforceable, that part shall be modified by a court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording or, if not amendable to become lawful and enforceable, shall be severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Home Sleep Center Inc as a result of this Agreement or your accessing, visiting, browsing, using, or otherwise interacting with the Website.

This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the user and Home Sleep Center Inc with respect to the Website. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

The failure by Home Sleep Center Inc at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy, or option or in any way affect the validity of this Agreement. The waiver of any default by us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.

This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

Home Sleep Center Inc may revise this Agreement at any time by updating this posting.

Home Sleep Center Inc. (“Home Sleep Center Inc,” “we,” or “us”), having a principal place of business in California, USA, and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your use of this United States Website and any website that displays, links to, or references this Agreement as well as any services offered by Home Sleep Center Inc on this Website (each website and service collectively and individually referred to herein as “Website”).

Home Sleep Center Inc may make changes to this Agreement, which will be posted to this page and will become effective immediately upon posting. For this reason, we urge you to read these terms each time you visit our Site.

U.S. WEBSITE

This Website is intended for use by United States residents only and contains information regarding Home Sleep Center Inc and its products and services available within the United States. If you are a non-U.S. resident, please visit the Home Sleep Center Inc website appropriate to your geography:

Any references to products or services on the Website do not imply that Home Sleep Center Inc intends to announce or offer these products or services in your country.

PERSONAL INFORMATION OF CHILDREN

THIS WEBSITE IS INTENDED FOR USE BY INDIVIDUALS 18 YEARS OF

AGE OR OLDER. WE HAVE NO INTENT TO COLLECT INFORMATION

FROM CHILDREN UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT ACCESS OR USE THIS WEBSITE WITHOUT THE CONSENT OF YOUR PARENT OR GUARDIAN.

ACCESS TO THIS WEBSITE

PROVISION OF INFORMATION

To access this Website or some of the resources it offers, including contacting Home Sleep Center Inc or connecting with doctors, you may be asked to provide certain registration details or other information such as your zip code, name, e-mail address, phone number and other credentials, as well as information regarding your present diagnosis, course of treatment, and biometric information. It is a condition of your use of this Website that all the information you provide on this Website will be correct, current, and complete. If Home Sleep Center Inc believes the information you provide is not correct, current, or complete, Home Sleep Center Inc has the right to refuse you access to this Website or any of its resources, and to terminate or suspend your access at any time. All information collected via this Website or by Home Sleep Center Inc in the course of your use of an Home Sleep Center Inc resource advertised on this Website shall be used and stored in a manner consistent with our Privacy Policy.

RESTRICTIONS ON USE

You may use this Website for purposes expressly permitted by this Website.

As a condition of your use of the Website, you warrant to Home Sleep Center Inc that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. For example and without limitation, you may not (and may not authorize any party to) (i) co-brand this Website, or (ii) frame this Website, without the express prior written permission of an authorized representative of Home Sleep Center Inc. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website or its Content. You agree to cooperate with Home Sleep Center Inc in causing any unauthorized cobranding or framing immediately to cease. In addition, you may not use the Website in any manner which could disable, overburden, damage, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials, Content, or information through any means not intentionally made available or provided to you, including without limitation exceed the limitations of access granted to you, through the Website. You may not use scrapers, bots, spiders, or other automated tools to collect or index the Content of this Website without our express permission. Your use of this Website is strictly for your personal, non-commercial use only.

PROPRIETARY INFORMATION

The material and content accessible from this Website, and any other Website owned, operated, licensed, or otherwise controlled by Home Sleep Center Inc, including without limitation all text, video, audio, streaming content, graphics, images, photographs and other perceivable media, as well as documents and information downloadable from the website (the “Content”) is the proprietary information of Home Sleep Center Inc or the party that provided or licensed the Content to Home Sleep Center Inc, whereby Home Sleep Center Inc and its licensors retain all right, title, and interest in the Content. Neither title nor intellectual property rights in and to the Website or the Content are transferred to you by access to this Website. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, reverse engineer, decompile, disassemble, translate, transfer, or sell any information, Content, software, products, or services obtained from or otherwise connected to the Website. Modification or use of the Website or its Content except as expressly provided in this Agreement violates Home Sleep Center Inc intellectual property rights and/or the intellectual property rights of others.

HYPER-LINKS

This Website may be hyper-linked to other Websites which are not maintained by, or related to, Home Sleep Center Inc. Hyper-links to such Websites are provided as a service to users and are not sponsored by or affiliated with this Website or Home Sleep Center Inc. Home Sleep Center Inc has not reviewed any or all of such Websites and is not responsible for the content of those Websites. Home Sleep Center Inc is not responsible for webcasting or any other form of transmission received from any hyper- linked Website. Hyperlinks are to be accessed at the user’s own risk, and Home Sleep Center Inc makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the Websites hyper-linked to this Website. Home Sleep Center Inc provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party Website does not necessarily imply endorsement by Home Sleep Center Inc of that Website, its owner, or its content.

FEEDBACK

You hereby grant to Home Sleep Center Inc the royalty-free, perpetual, irrevocable, worldwide, sublicensable through multiple levels, transferrable, non-exclusive right and license to use, reproduce, make, modify, adapt, publish, translate, broadcast, create derivative works from, distribute, offer to sell, sell, import, perform, and display all feedback, suggestions, ideas, or other improvements to, or reviews of, the Website or the Content you communicate to Home Sleep Center Inc (together, (“Feedback”), and to incorporate any Feedback, in whole or in part or modified as Home Sleep Center Inc sees fit, in other works, products, or services in any form, media, or technology now known or later developed. You hereby waive in perpetuity all so-called “moral rights,” rights of integrity, rights of paternity, rights of disclosure, rights of withdrawal, rights of attribution, rights to prevent attribution in the event of a distortion, mutilation, or modification, and all such analogous rights in or related to any Feedback.

Home Sleep Center Inc will not be required to treat any Feedback as confidential, and may use any Feedback to the full extent of its license without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Home Sleep Center Inc products, services, or other business operations.

ACCURACY OF INFORMATION & PROJECTIONS

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Home Sleep Center Inc. This Website may contain forward-looking statements that reflect Home Sleep Center Inc current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals, validity, and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Home Sleep Center Inc may update this Website on a regular basis but assumes no obligation to update any of the Content.

LIMITATION OF LIABILITY

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT

WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HOME

SLEEP CENTER INC DISCLAIMS ALL WARRANTIES, INCLUDING ANY

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. HOME SLEEP

CENTER INC DOES NOT WARRANT THAT THE FUNCTIONS OR

CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR

ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS

WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF

VIRUSES OR OTHER HARMFUL COMPONENTS. HOME SLEEP CENTER

INC DOES NOT WARRANT OR MAKE ANY REPRESENTATION

REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN

TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT

MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL

ERRORS, AND HOME SLEEP CENTER INC MAY MAKE CHANGES OR

IMPROVEMENTS AT ANY TIME. YOU, AND NOT HOME SLEEP CENTER

INC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,

REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE

ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. HOME

SLEEP CENTER INC MAKES NO WARRANTIES THAT YOUR USE OF THE

CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

NO MEDICAL ADVICE

You should not consider content on the Website to be medical advice. You should not rely on Content on the Website to make medical decisions. These decisions should only be made in consultation with your healthcare providers. Content found on the Website is for informational purposes only and is not intended to replace the relationship between you and your physician or other healthcare provider. The “Learn More About Home Sleep Center Inc” feature is designed to educate you about commonly occurring insurance coverage limitations and the FDA indications for Home Sleep Center Inc therapy so that you can make a more informed decision as to whether or not to contact a physician for evaluation for Home Sleep Center Inc” therapy. This service is for general informational purposes only, and you should be aware that Home Sleep Center Inc” offers no opinion or advice relating to the scope of coverage that may be available to you, as to whether Home Sleep Center Inc” therapy is suitable or not for you, or as to whether it is advisable for you to consult a physician about your sleep apnea or any other concern.

FIND A DOCTOR

The Find a Doctor feature is provided for your convenience in locating a physician who offers Home Sleep Center Inc” therapy, and, while each physician listed has completed an Home Sleep Center Inc” training course, I Home Sleep Center Inc” does not endorse any particular physician or practice listed on this Website. Home Sleep Center Inc” makes no representation or warranty that any particular therapy is safe, appropriate or effective for you, or that any particular healthcare provider has a particular level of skill.

You understand that the providers accessible through the Find a Doctor feature are not affiliated with Home Sleep Center Inc”, except that some of them are Home Sleep Center Inc” customers or implanters of Home Sleep Center Inc” product. Any opinions, medical or otherwise, expressed by the providers are based on their own experience and judgment, and not necessarily those of Home Sleep Center Inc”. Providers do not pay a fee to Home Sleep Center Inc” to be listed in the Find a Doctor Feature, but are selected based on their completion of Home Sleep Center Inc” training and their commitment to good customer service. You will be directed to providers located within a 150 mile radius of the zip code you provide or state you choose from a dropdown list. While a failure to meet Home Sleep Center Inc” selection criteria will result in exclusion from this list, there are many reasons why a provider may not be included (e.g., it has not applied), so you should not draw negative conclusions about a provider not on the list. Home Sleep Center Inc” seeks to assure that all listed providers have their own systems in place to support good customer service, but Home Sleep Center Inc does not guarantee or endorse their professional skills, nor does it impose any requirements on the way they render professional services. Home Sleep Center Inc” does not recommend or endorse any providers and specifically disclaims all responsibility for any liability, loss, or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, as a result of acts or omissions of any provider on the site.

SMS Messaging

SMS Messaging is used to send educational information about Home Sleep Center Inc”, remind you to contact a physician in your area or to provide other relevant Home Sleep Center Inc” content and information.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at info@homesleepcenter.com.

If you have any questions regarding privacy, please read our privacy policy. LIMITATION ON LIABILITY

HOME SLEEP CENTER , ITS SUBSIDIARIES, AFFILIATES, LICENSORS,

SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,

OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY

INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,

SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF

REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS,

OR SIMILAR DAMAGES, EVEN IF HOME SLEEP CENTER INC HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL

THE COLLECTIVE LIABILITY OF HOME SLEEP CENTER INC AND ITS

SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS,

CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND

DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR

EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You agree that you cannot file a claim or cause of action arising out of or related to this Agreement or the Website more than one (1) year after such claim or cause of action arose.

TERMINATION OR RESTRICTION OF ACCESS

Home Sleep Center Inc” reserves the right, in its sole discretion, to (i) terminate your access to the Website and the related services or any portion thereof at any time, without notice; and (ii) withdraw, suspend, or discontinue any functionality or feature of the Website.

INDEMNITY

You will indemnify and hold Home Sleep Center Inc”, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website, except to the extent such claims and losses are due to the negligent or willfully malicious acts of Home Sleep Center Inc”.

TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this Website are the property of Home Sleep Center Inc” or the party that provided the trademarks, services marks, logos, and copyrighted works to Home Sleep Center Inc”. Home Sleep Center Inc” and any party that provided trademarks, service marks, logos, and copyrighted works to Home Sleep Center Inc” retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Website.

SECURITY

You are prohibited from any attempt to compromise security or tamper with system resources and/or accounts associated with this Website. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Home Sleep Center Inc” reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Home Sleep Center Inc” reserves the right to investigate suspected violations of this Agreement.

Without limiting Home Sleep Center Inc” right to use data related to you as set forth in its Privacy Policy, Home Sleep Center Inc” may use and disclose information related to you in special instances when we have reason to believe disclosing this information is necessary to investigate, identify, contact, or bring legal action against someone who may be causing injury to or interfering with our rights or property, other Website visitors, or anyone else. Home Sleep Center Inc” may disclose your information when subpoenaed, if ordered or otherwise required by a court of law, arbitrator, or other similar proceeding or the rules governing such a proceeding, for government investigations, with government agencies if required by law, to exercise, establish, or defend Home Sleep Center Inc” legal rights, to protect your vital interests or those of any other third party, and when Home Sleep Center Inc” otherwise believes in good faith that any applicable law requires it. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS HOME SLEEP CENTER INCFROM ANY CLAIMS RESULTING

FROM ANY ACTION TAKEN BY HOME SLEEP CENTER INC DURING OR

AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HOME SLEEP CENTER OR LAW ENFORCEMENT AUTHORITIES.

Home Sleep Center Inc” is committed to safeguarding your privacy online.

We understand the importance of privacy to our customers and visitors to our Website. Our use of personally identifiable information is governed by our Privacy Policy.

You understand that Home Sleep Center Inc” cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. Home Sleep Center Inc” does not assume any responsibility or risk for your use of the Internet.

You recognize and agree that when submitting your personally identifiable information to Home Sleep Center Inc”, while Home Sleep Center Inc” may have safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN

INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS,

HOME SLEEP CENTER INC SHALL NOT BE RESPONSIBLE FOR SUCH

INTERCEPTIONS. HOME SLEEP CENTER INC DOES NOT WARRANT,

EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS.

MISCELLANEOUS

This Agreement will be governed and interpreted pursuant to the laws of Minnesota, United States of America, excluding any principles of conflicts of law. You specifically consent to personal jurisdiction in Hennepin County, Minnesota in connection with any dispute between you and Home Sleep Center Inc” arising out of or relating to this Agreement or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of this Agreement will be in the state and federal courts in Hennepin County, Minnesota.

Home Sleep Center Inc” may assign or otherwise convey any of its rights and obligations under this Agreement, but you may not. All of the terms and conditions of this Agreement shall inure and be binding upon any party’s permitted successors and assigns.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Home Sleep Center Inc” as a result of this Agreement or your accessing, visiting, browsing, using, or otherwise interacting with the Website.

This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the user and Home Sleep Center Inc” with respect to the Website. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.

The failure by Home Sleep Center Inc” at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy, or option or in any way affect the validity of this Agreement. The waiver of any default by us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.

Home Sleep Center Inc” may revise this Agreement at any time by updating this posting.