Please read these terms carefully because they apply to your use of all of the websites that ENT Medical Services Sleep Supply operates collectively, the websites to which these terms apply, the “Websites”, including the products and services provided through the Websites (collectively, the “Services”). ENT Medical Services Sleep Supply is a Iowa Limited Liability Corporation with a business office at 2615 Northgate Drive, Iowa City, IA 52245.
Unless otherwise agreed in writing with ENT Medical Services Sleep Supply, your use of any Website or Service will always be subject to, at a minimum, the terms and conditions set out in this document. These are referred to as the “Master Terms.”
In addition, your use of any Website or Service may also be subject to the terms of any legal notice applicable to the Website or Service, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the “Additional Terms.” Where Additional Terms apply to a Website or Service, these will be aENT Medical Services Sleep Supplyessible for you to read either within, or through your use of, that Website or Service.
The Master Terms, together with any Additional Terms, form a binding legal agreement between you and ENT Medical Services Sleep Supply in relation to your use of the Websites and the Services. Collectively, this legal agreement is referred to below as the “Terms.” If there is any contradiction between the Additional Terms and the Master Terms, then the Additional Terms shall take precedence in relation to the Website or Service to which the Additional Terms apply.
Your Agreement to the Terms
YOUR ACCESS OR USE Of ENTMEDICALSLEEPSUPPLY.ORG IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS STATED HEREIN. By accessing or using entmedicalsleepsupply you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.
Changes to the Terms
From time to time, ENT Medical Services Sleep Supply may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Master Terms or Additional Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by ENT Medical Services Sleep Supply in its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the applicable Website. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and ENT Medical Services Sleep Supply that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Websites and Services. Your continued use of any Website or Service after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.
Provision of the Websites and Services
ENT Medical Services Sleep Supply makes the Websites and Services available to you on the Terms. You may only use the Websites and Services in aENT Medical Services Sleep Supplyordance with these Master Terms and any applicable Additional Terms. In particular but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Master Terms, any applicable Additional Terms, or any other conditions or notices that are made available on any Website or Service.
No Medical Advice.
ENT Medical Services Sleep Supply is not a substitute to your medical provider. ENT Medical Services Sleep Supply will help coordinate your care with your physician. This coordination can take the form of producing reports from your medical device to provide to your physician for he or she to make. ENT Medical Services Sleep Supply provides all Websites, Services, information, tools and licenses on an “as-is” basis. ENT Medical Services Sleep Supply makes no warranties regarding any information or tools provided on or through the Websites and Services, and disclaims liability for damages resulting from their use.
Location of the Websites and Services
The Websites and Services are controlled and offered by ENT Medical Services Sleep Supply from its facilities in the United States of America. ENT Medical Services Sleep Supply makes no representations that the Websites or Services are appropriate or available for use in other locations.
Users agree not to use the Websites or Services to:
Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
Post, use or transmit Content 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 or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;
Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
Intimidate or harass another;
Use or attempt to use another’s entmedicalsleepsupply.org account, service, or personal information;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;
Attempt to gain unauthorized access to entmedicalsleep.org, computer systems or networks connected to the Websites or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;
Use any means to bypass or ignore robots.txt, or other measures we use to restrict entmedicalsleepsupply.org or use of the Websites or Services;
Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Third Party Websites and Content; Links
The Websites or Services may contain links to websites not controlled by ENT Medical Services Sleep Supply (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than ENT Medical Services Sleep Supply (“Third Party Content”). You acknowledge that ENT Medical Services Sleep Supply is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website, regardless of whether Third Party Websites provide the option for users to apply ENT Medical Services Sleep Supply licenses to Content hosted on those sites, or whether any Third Party Website or Third Party Content bears a ENT Medical Services Sleep Supply license. You further acknowledge that ENT Medical Services Sleep Supply (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, ENTMEDICALSLEEP.ORG OFFERS THE WEBSITES AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ENTMEDICALSLEEP.ORG DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ENT Medical Services Sleep Supply’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ENT Medical Services Sleep Supply DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF AENT Medical Services Sleep SupplyURACY, RELIABILITY, OR OTHERWISE.
LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL ENT MEDICAL SERVICES SLEEP SUPPLY, LLC, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE ENT MEDICAL SERVICES SLEEP SUPPLY, LLC PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE ENT Medical Services Sleep Supply PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ENT MEDICAL SERVICES SLEEP SUPPLY, LLC, PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES OR SERVICES, FOR YOUR USE OF THE WEBSITES AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITES OR SERVICES.
You agree to indemnify and hold harmless the ENT Medical Services Sleep Supply Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the ENT Medical Services Sleep Supply Parties from and against any and all claims brought by third parties arising out of your use of any of the Websites or Services and the Content you make available via any of the Websites or Services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.
Copyright Complaints; DMCA Compliance
ENT Medical Services Sleep Supply respects the intellectual property rights of others, and we prohibit users of our Websites and Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights.
ENT Medical Services Sleep Supply complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). As required by the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office. For more information, please refer to our DMCA Notice and Takedown Procedure (http://creativecommons.org/dmca). Contact our designated agent to report alleged copyright infringement. The designated agent is:
ENT Medical Services Sleep Supply
2615 Northgate Drive
Iowa City, IA 52245
Additionally, it is our policy to terminate usage rights and any applicable user of entmedicalsleepsupply.org we determine to be “repeat infringers” of others’ copyrights.
Content hosted on Third Party Websites is the responsibility of those Websites.
Termination of this Agreement
These Master Terms and any Additional Terms will continue to apply until terminated by either you or ENT Medical Services Sleep Supply as set out below. Your right to access and use entmedicalsleepsupply.org terminates automatically upon your breach of any of these Master Terms or Additional Terms that may apply to any of the Websites or Services.
ENT Medical Services Sleep Supply may, at any time: (a) modify, suspend or terminate the operation of entmedicalsleepsupply.org to any of the Websites or Services, or any portion of the Websites or Services, for any reason; (b) modify or change the Websites or Services, or any portion of the Websites or Services, and any Master Terms, Additional Terms and other policies governing the use of the Websites or Services, for any reason; (c) interrupt the operation of the Websites or Services, or any portion of the Websites or Services, for any reason, all as ENT Medical Services Sleep Supply deems appropriate in its sole discretion.
Your access to, and use of, the Websites or Services may be terminated by you or by ENT Medical Services Sleep Supply at any time and for any reason. ENT Medical Services Sleep Supply will use reasonable efforts to notify you in advance about any material modification, suspension or termination by ENT Medical Services Sleep Supply that is not caused by your breach of the Terms.
The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.
These Master Terms and any Additional Terms are governed by and construed by the laws of the State of Iowa, in the United States, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between ENT Medical Services Sleep Supply and you concerning these Master Terms, any Additional Terms, and/or any of the Websites or Services shall be brought in a federal or state court of competent jurisdiction sitting in the Eastern District of the State of Iowa, and hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and ENT Medical Services Sleep Supply as a result of these Master Terms, any Additional Terms, or your use of any of the Websites or Services. These Master Terms and any applicable Additional Terms constitute the entire agreement between you and ENT Medical Services Sleep Supply relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by ENT Medical Services Sleep Supply from time to time) between you and ENT Medical Services Sleep Supply. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.