Terms of Use

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Please Carefully Review This Document Because It Contains Important Information You Need Before Making An Informed Decision.

The following terms and conditions constitute an agreement between you and SleepSolutionDoctors.com (“Sleep Solution Doctors,” “we,” or “us”), the operator of Sleep Solution Doctors.com (the “Site”). These terms of use (the “Terms of Use”) govern your use of the Site, both as a casual visitor and as a registered user.

BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE INCLUDING THAT YOU CONSENT to the information practices disclosed in our Privacy Policy which is incorporated herein by reference, and that you consent to resolve in the State of California any dispute that you may have with us, or the Site.

Please note that we offer the Site "AS IS" and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual's or entity's behalf.

About The Site

Everything we offer on the Site is referred to in these Terms of Use collectively as the "Services". Some of what is on the Site is viewable without registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your personal and health information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.

You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Site (including Information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with locating appropriate medical care from a qualified practitioner.

We Do Not Provide Medical Advice

The Information that you obtain or receive from Sleep Solution Doctors, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational and scheduling purposes only.

WHILE THE INFORMATION SET FORTH ON THIS WEBSITE (THE "SITE") IS OF A MEDICAL NATURE AND IS INTENDED TO EDUCATE INDIVIDUALS ABOUT THEIR PARTICULAR MEDICAL PROBLEMS AND ALTERNATIVE TREATMENTS, AND WHILE IT HAS BEEN PREPARED BY BOARD-CERTIFIED MEDICAL DOCTORS, IT DOES NOT CONSTITUTE MEDICAL ADVICE TO ANY INDIVIDUAL PATIENT, NOR CAN OR SHOULD IT IN ANY WAY REPLACE PERSONALIZED CONSULTATIONS BETWEEN A PATIENT AND HIS OR HER PHYSICIANS, NOR DOES IT CREATE ANY KIND OF DOCTOR-PATIENT RELATIONSHIP. IT IS INTENDED ONLY TO PROVIDE SOME GENERAL GUIDANCE TO MEDICAL CONSUMERS WITH RESPECT TO SLEEP DISORDERS AND THE VARIOUS MEDICAL OPTIONS THAT MAY BE AVAILABLE, DEPENDING ON THE PATIENT'S INDIVIDUAL CIRCUMSTANCES. ACCORDINGLY, THE MATERIAL ON THIS SITE IN NO WAY CONSTITUTES OR SUBSTITUTES FOR ACTUAL CONSULTATION WITH OR DIAGNOSIS OR RECOMMENDATIONS BY A LICENSED PHYSICIAN, AND NO CONSUMER SHOULD RELY ON THE INFORMATION SET FORTH HEREIN TO THE EXCLUSION OF COMPETENT, PERSONALIZED MEDICAL ADVICE BY LICENSED PHYSICIANS.

STATED ANOTHER WAY; THIS SITE DOES NOT PROVIDE ACTUAL MEDICAL ADVICE ON AN INDIVIDUALIZED BASIS. THE CONTENTS OF THIS SITE, SUCH AS TEXT, GRAPHICS, IMAGES AND ALL OTHER INFORMATION SET FORTH HEREIN (THE "CONTENT") ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE, NOR CAN OR SHOULD IT EVER BE, A SUBSTITUTE FOR INDIVIDUALIZED PROFESSIONAL MEDICAL ADVICE, TESTS, DIAGNOSIS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, NOR DOES IT REPLACE THE NEED FOR ANY OTHER SERVICES PROVIDED BY MEDICAL PROFESSIONALS. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR (AND, PREFERABLY, A RECOGNIZED SPECIALIST) BEFORE PURSUING ANY TREATMENT DESCRIBED HEREIN, AND ALWAYS SEEK THE ADVICE OF YOUR PERSONAL PHYSICIAN BEFORE TAKING A PRESCRIPTION OR OVER-THE-COUNTER DRUG OR FOLLOWING ANY TREATMENT OR OTHER MEDICAL REGIMEN. ONLY YOUR DOCTOR CAN PROVIDE YOU WITH PROPER ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING SUCH ADVICE BECAUSE OF ANYTHING YOU MAY HAVE READ ON THIS SITE.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. Sleep Solution Doctors DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES OR PHYSICIANS. AN INDIVIDUAL'S RELIANCE ON ANY INFORMATION PROVIDED HEREIN, WITHOUT THE CONSULTATION WITH AND APPROVAL OF YOUR PERSONAL PHYSICIAN, IS SOLELY AT YOUR OWN RISK. THE ABSENCE OF ANY WARNING HEREIN FOR ANY GIVEN TREATMENT OR DRUG OR COMBINATION OF DRUGS SHOULD NEVER BE CONSTRUED TO INDICATE THAT THE TREATMENT, DRUG OR COMBINATION IS ENTIRELY SAFE, EFFECTIVE OR APPROPRIATE FOR YOU OR ANY OTHER PATIENT. AGAIN, YOUR INDIVIDUALIZED CONSULTATION WITH AN APPROPRIATE PHYSICIAN IS ABSOLUTELY NECESSARY FOR THE EFFECTIVE DIAGNOSIS AND TREATMENT OF ANY MEDICAL PROBLEM YOU MAY BE EXPERIENCING.

THE USE OF THIS SITE AND THIS CONTENT IS AT YOUR OWN RISK. THIS SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS. Sleep Solution Doctors, AND ITS AFFILIATES, ASSOCIATES, AND CONTRIBUTORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL SLEEP SOLUTION DOCTORS, OR ANY OF ITS AFFILIATES, ASSOCIATES OR CONTRIBUTORS, OR ANY THIRD PARTY MENTIONED ON THIS SITE, BE HELD LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES) FOR ANY PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM ANY USE OR MISUSE OF, OR ANY INABILITY TO USE, THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SLEEP SOLUTION DOCTORS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOREOVER, SLEEP SOLUTION DOCTORS DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ASPECT OF ANY INDIVIDUAL'S HEALTHCARE, WHETHER ADMINISTERED WITH THE AID OF ANY CONTENT CONTAINED HEREIN OR OTHERWISE.

No Doctor Patient Relationship

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE INCLUDING, BUT NOT LIMITED TO, THE FIND A DOCTOR FEATURE, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE MEDICAL PROFESSIONAL OR SPECIALIST IN ANY FIELD.

We have no control over, and cannot guarantee the availability of any physician at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Site or Services whatsoever. You are strongly advised to perform your own investigation prior to selecting a health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular physician or medical provider by confirming with the doctor’s office, your current physician, the medical association relative to the doctor’s specialty and your state medical board.

No Guarantees of Professional Qualifications or Endorsements of Services, Procedures or Product

WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE, ANY INACTION OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.

You are hereby advised to conduct your own investigation prior to selecting a healthcare provider. You can do so by make confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular doctor, dentist or other health care provider (“Provider”).

PROCEDURES/PRODUCTS/SERVICES: The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services or devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.

You Are Responsible For Choosing Your Provider

WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.

Not Responsible For Cancelled Appointments

We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Site or Services.

Authorization and Acknowledgement

In connection with using the Site and the Services to locate and schedule appointments with medical professionals, you understand and acknowledge that:

• Sleep Solution Doctors selects physicians or medical providers to be featured on the Site based on a pre-existing contractual agreement with the physicians or medical providers;

• In addition to signing a contract, physicians or medical providers must pay a fee to Sleep Solution Doctors in order to appear on the Find A Specialist Site;

• Sleep Solution Doctors will provide you with a list of physicians or medical providers who may be suitable to deliver the health care that you are seeking based solely on the information that you provide to Sleep Solution Doctors (such as insurance information, proximity to your geographical location, specialty of the physician or medical provider, and additional criteria that you specify); YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN MEDICAL PROVIDER.

• Sleep Solution Doctors may also provide you with lists or profile previews of featured physicians or medical providers based on certain criteria (for example, insurance information, specialties/procedures performed by those physicians or medical providers, proximity to your geographical location, past selections by and/or ratings of physicians or medical providers by you or by other Sleep Solution Doctors users, past experience of Sleep Solution Doctors users with physicians or medical providers, etc.); but Sleep Solution Doctors (i) does not recommend or endorse any physicians or medical providers, (ii) does not make any representations or warranties with respect to these physicians or medical providers or the quality of the healthcare services they may provide and (iii) does not receive any additional fees from such physicians or medical providers for featuring them through the Services;

• You are ultimately responsible for choosing your own physician or medical provider; and • Sleep Solution Doctors restricts participation in the Services to physicians or medical providers who hold active medical licenses and all certifications necessary to practice any specialty services offered to patients.

• If you elect to enter information into a medical history form ("Medical History Form") on behalf of yourself or a third party from whom you have authorization to provide such information, on your request you authorize us to provide such information to the specified medical practitioner. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized on your behalf at the time of your appointment to ensure its accuracy. You also acknowledge that Sleep Solution Doctors has no obligation to delete any data or information you provide on a Medical History Form, and that Sleep Solution Doctors may continue to use such information in accordance with its Privacy Policy, in each case, following termination of: (i) your account, (ii) the account of any medical professional to whom your Medical History Form was submitted through the Site, or (iii) these Terms of Use.

Authorization and Acknowledgement Regarding Your Medical History and Personal Information

If you elect to enter information regarding your medical history or other personal information on behalf of yourself or a third party from whom you have authorization to provide such information, on your request you authorize us to provide such information to the specified Provider. You acknowledge such information is accurate and you hereby authorize Sleep Solution Doctors, its employees, agents and others operating on its behalf, to use and/or disclose personal and health-related information about you to provide the Services you seek in accordance with its Privacy Policy.

Editorial Control

We make the Site available as a service to consumers and health care professionals for the purposes of providing an informative resource and for appointment scheduling purposes. We may, but have no obligation to, have nonuser-posted information reviewed by the Site’s editorial personnel.

It is important to note, however, that the timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information.

You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified physician.

Sleep Solution Doctors and its employees are distributors, not publishers, of the content supplied on this website by visitors and other third parties. Any opinions, advice, statements, services, offers, or other information or content made available on this website by visitors or other third parties are those of the respective authors. The staff, employees and affiliated physicians of Sleep Solution Doctors are not responsible for materials created by third parties.

PRACTITIONER INFORMATION: Physician and practice information found on the Site is intended for general reference purposes only. Physician and other health provider information found on the Site is both self-reported, by the physician and/or office staff, and collected from multiple other data sources that may not be confirmed by the physician. Such information often changes frequently and may become out of date or inaccurate. Neither the Site nor Sleep Solution Doctors provides any advice or qualification certification about any particular physician or provider. Our relationship with sponsors or physicians in a particular area is based on criteria we establish. You are encouraged to independently verify any such information.

PROCEDURES/PRODUCTS/SERVICES: The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services and devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.

Registration

As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to members ("User Credentials"). You should keep your User Credentials private and not share your User Credentials with anyone else. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by contacting us at info@sleepsolutiondoctors.com.

Your Personal Information

In order to register, you must provide certain personal and medical information about yourself. You may voluntarily submit, and hereby authorize Sleep Solution Doctors, its employees, agents and others operating on its behalf, to use and/or disclose personal and health-related information about you, including, without limitation, your name, address, social security number and contact information; medical and social history; current medical needs; and other information that is either requested by Sleep Solution Doctors or volunteered by you ("Personal Information"). You may also choose to authorize Sleep Solution Doctors to share your Personal Information with selected physicians or medical providers. You have the right to refuse to authorize the use and/or disclosure of your Personal Information. However if you chose to exercise this right, you may not be able to utilize some features of the Site. The Sleep Solution Doctors Privacy Policy explains the information practices that apply to Personal Information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully.

Your Responsibilities

Even though the Services are provided free of charge, the usual and customary charges for any medical services rendered by collaborating physicians profiled on the Site will apply and will be entirely your responsibility.

You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

• copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;

• remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;

• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;

• access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or medical physicians;

• reformat or frame any portion of the web pages that are part of the Site and/or the Services;

• fraudulently misuse the Services by scheduling an appointment with a physician which you have no intention of keeping;

• create user accounts by automated means or under false or fraudulent pretenses; or

• collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

Changes to These Terms of Use

We may change these Terms of Use at any time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Site with notice of the changes. Your continued use of the Site and/or the Services following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Site.

Changes to the Services

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by these Terms of Use. You agree that Sleep Solution Doctors will not be liable to you or any third party for any suspension or discontinuation of any of the Services.

Links to Other Sites

The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

Additional Terms

Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

No Spam

You may not use contact information provided by our users or collaborating physicians, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions. We reserve the right to publish your Posted Information as part of the Service and to also to remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:

• You are solely responsible for any Posted Information that you submit, publish or display on the Site or transmit to other members and/or other users of the Site.

• You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.

• You may not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by Sleep Solution Doctors. • You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.

• You understand and agree that Sleep Solution Doctors may (but is not obligated to) review and delete any Posted Content that in the sole judgment of Sleep Solution Doctors violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users.

• You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.

• By posting Posted Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Sleep Solution Doctors, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that Sleep Solution Doctors shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Sleep Solution Doctors users for purposes of constructing or populating a searchable database of reviews and information related to the health care industry.

• The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. Sleep Solution Doctors reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Site. You may not post content that:

◦ is false or intentionally misleading;

◦ harasses or advocates harassment of another person;

◦ involves the transmission of unsolicited mass mailing or "spamming";

◦ violates the intellectual property or other rights of any person;

◦ is threatening, obscene, defamatory or libelous; or

◦ is pornographic or sexually explicit in nature.

Your Use of Content

Except for Posted Content that you or any other visitors to the Site submit, all of the Information available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Sleep Solution Doctors’s proprietary information. We give you permission to use the aforementioned content for personal, noncommercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, Sleep Solution Doctors and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by Sleep Solution Doctors to you are retained by Sleep Solution Doctors.

Disclaimer of Warranties and Limitation of Liability

Sleep Solution Doctors makes no representations or warranties about the suitability of these materials for any purpose.

YOU ACKNOWLEDGE THAT YOU ARE USING THIS WEB SITE AT YOUR OWN RISK. THIS SITE IS PROVIDED BY SLEEP SOLUTION DOCTORS ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SLEEP SOLUTION DOCTORS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, EMAIL RESPONSES, LINKS AND OTHER ITEMS CONTAINED ON THIS WEB SITE OR ON ANY OTHER SERVER. SLEEP SOLUTION DOCTORS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM SLEEP SOLUTION DOCTORS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SLEEP SOLUTION DOCTORS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

THE INFORMATION CONTAINED ON THIS WEB SITE AND IN ANY EMAIL RESPONSES FROM SLEEP SOLUTION DOCTORS TO YOU ARE INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT CONFIDENTIAL, AND ARE NOT IN RESPONSE TO AN INDIVIDUAL'S ACTUAL OR POTENTIAL HEALTH PROBLEMS OR AN INDIVIDUAL'S PARTICULAR SET OF CIRCUMSTANCES. FURTHER, THIS INFORMATION SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTING WITH YOUR PERSONAL PHYSICIAN.

General Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) 0. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PHYSICIANS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

Termination

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Sleep Solution Doctors shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination. Sections 2, 3, 4, 12, 14, 15, 16, 17, 18 and 20 through 23 shall survive any termination or expiration of these Terms of Use. Indemnification You agree to indemnify, defend, and hold harmless Sleep Solution Doctors, its employees, members of its medical staff, and their suppliers from any liability, loss, claim, and expense (including attorneys' fees) related to (i) your violation of this Terms of Use of this website and (ii) your posting of material to this site.

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity.

Electronic Contracting and Notices

Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.

Choice of Law and Forum

These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of California as applied to contracts made and to be performed entirely within California, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to content of this Website, these Terms of Use or your use of the Services shall be submitted to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the content and services provided on the this Website must be file within (1) year after such claim or cause of action arose or be forever barred.

Assignment

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and the Services under the new ownership. You may not assign, transfer or sublicense these Terms of Use to any one else and any attempt to do so in violation of this section shall be null and void.

Eligibility

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site or Services, in compliance with the Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to "you" shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the users own risk and user's are responsible for compliance with any local laws applicable to their use of the Services or the Site.

Limitations On Use

You may not use contact information provided by our users or collaborating Providers, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately if you or anyone using your Credentials violates these provisions.

You may use the Site for your personal informative use only, and may not use the Content for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or the Content. You may not use any network monitoring or discovery software to determine the Web Site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Web Site or the Content without Provider's prior written permission. You may download and print a single copy of any Content for your own personal use for information purposes only. You may not otherwise copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit, public or private purposes any portion of the Web Site. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available on or through the Web Site in violation of the export control laws and regulations of the United States of America. You may not remove, disable, defeat or change any functionality or appearances of the Web Site. You may not remove the copyright or trademark notice from any Content. You may not use the Web Site for gathering information for or transmitting unsolicited commercial e-mail, unsolicited commercial telephone calls, unsolicited commercial facsimile transmission or any other form of unsolicited commercial communication. You may not use the Web Site for any illegal purpose. Any unauthorized use of the Web Site or its Content is prohibited.

Submission of Information

You will have the opportunity to submit feedback regarding your experiences with Providers who are featured on the Site, to submit inquiries concerning possible medical needs and to participate in the other interactive features of the Site (collectively “Posted Information or Posted Content”). You agree not to post any information that another user or Provider may use to identify you as an individual.

We reserve the right to publish your Posted Information as part of the Service and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:

The Site includes areas in which users may post content and information, including without limitation personal and business profile data, messages, comments, data, text, photos, blogs, graphics or other materials (the "User Content"). You are solely responsible for your use of such areas and use them at your own risk. By using the Web Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

• User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent, including without limitation any personal profile information, recommendation, endorsement, rating, or review of a doctor with whom you have not had direct, personal experience in a professional medical context or as a patient of such doctor;

• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law or regulation;

• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any user Content, you represent and warrant that you have the lawful right to distribute and reproduce such user Content as provided under these Terms of Use;

• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; • Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for medical services, medical service providers, or doctor referral services;

• Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; and

• User Content that, in the sole judgment of Provider, is objectionable or which restricts or inhibits any other person from using or enjoying the Web Site, or which may expose Provider or its users to any harm or liability of any type.

Provider takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Provider liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Any use of the Web Site in violation of the foregoing violates these Terms of Use and may result in termination or suspension of your right to use the Web Site. Provider reserves the right to restrict or remove any User Content posted or stored on the Web Site at any time and for any reason without notice.

Copyright Dispute Policy

Sleep Solution Doctors has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http:// www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Sleep Solution Doctors’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.

Sleep Solution Doctors Policy. It is Sleep Solution Doctors’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue Service to repeat offenders.

Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

• Identification of works or materials being infringed;

• Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Sleep Solution Doctors is capable of finding and verifying its existence;

• Contact information about the notifier including address, telephone number and, if available, email address;

• A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon Receipt of a Bona Fide Infringement Notification. Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Sleep Solution Doctors’s policy:

• to remove or disable access to the infringing material;

• to notify the content provider, member or user that it has removed or disabled access to the material; and

• that for repeat offenders, Sleep Solution Doctors will also terminate such content provider's, member's or user's access to the Service.

Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

• A physical or electronic signature of the content provider, member or user;

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

• A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and

• The content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Sleep Solution Doctors is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

Removal. If a counter-notice is received by the Designated Agent, Sleep Solution Doctors may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Sleep Solution Doctors’s discretion.

Address for Designated Agent. Please contact Sleep Solution Doctors’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Designated Copyright Agent
Sleep Solution Doctors
416 North Bedford Drive Beverly Hills,
California 90210

Entire Agreement

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Sleep Solution Doctors to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.