Sleep Medicine Cosultants
Terms & Conditions
The following are the Terms and Conditions (the "Agreement") which govern your access and use of our online platform through which therapy may be provided (collectively the "Platform"). This Platform is owned and operated by Sleep Medicine Consultants located at 5508 Parkcrest Dr. Suite #310 Austin, TX 78731 United States. The Platform may be provided or be accessible via multiple Platforms or applications whether owned and/or operated by us or by third parties, including, without limitation, the Platform sleepconsultants.net and its related apps.
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The terms "we", "us", "our" or similar terms as used in this Agreement, shall refer to any company that owns and operates the Platform (the "Company"). Other capitalized terms not defined herein shall have the same meaning ascribed to them in our Privacy Policy.
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IMPORTANT NOTICES:
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Anyone visiting our platform shall not use the information, resources or tools contained in this platform to self-diagnose or self-treat any health-related condition. Diagnosis and treatment of all health conditions should only be performed by your licensed health care provider. If you have any questions regarding your medical care or condition, please seek advice from your medical physician. If you suspect that you may have a medical condition, or are seeking medical treatment, we recommend that you consult a qualified health professional. If you believe that you are in an emergency at any time, please dial 911 from your phone immediately.
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The information on this platform may help you in your personal, general research but none of it constitutes the practice of medicine in any other health care profession. Nothing on this platform is intended as a recommendation of any specific tests, products, procedures, opinions, or other information that may be mentioned within the platform. Any reliance on the information provided or contained within this platform is at your sole risk.
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PERSONAL INFORMATION OF CHILDREN
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Our platform 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 platform without the consent of your parent or guardian.
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ACCESS TO OUR PLATFORM
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Please read this agreement carefully before accessing or using our platform. By accessing or using our platform, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use our platform. We may modify this agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on our platform. You agree to review this agreement periodically to be aware of such modifications and your continued access or use of the platform shall be deemed your conclusive acceptance of the modified agreement.
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PROVISION OF INFORMATION
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To access this Platform or some of the resources it offers, including contacting Sleep Medicine Consultants(“SMC”) or connecting with doctors, you may be asked to provide certain registration details or other information such as your zip code, name, date of birth, e-mail address, phone number and other credentials, as well as information regarding your health insurance policy. It is a condition of your use of this Platform that all the information you provide on this Platform will be correct, current, and complete. If SMC believes that the information, you provide is not correct, current, or complete, SMC has the right to refuse you access to this Platform or any of its resources, and to terminate or suspend your access at any time. All information collected via this Platform or by SMC in the course of your use of an SMC resource advertised on this Platform shall be used and stored in a manner consistent with our Privacy Policy.
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RESTRICTIONS ON USE
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You may use this Platform for purposes expressly permitted by this Platform. As a condition of your use of the Platform, you warrant to SMC that you will not use the Platform 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 Platform, or (ii) frame this Platform, without the express prior written consent of an authorized representative of SMC. 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 Platform or its Content (as defined below). You agree to cooperate with SMC in causing any unauthorized co-branding or framing immediately to cease. In addition, you may not use the Platform in any manner which could disable, overburden, damage, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. 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 Platform. You may not use scrapers, bots, spiders, or any other automated tools to collect the Content of this Platform without our express authorization. Your use of this Platform is strictly for your personal, non-commercial use only.
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PROPRIETARY INFORMATION
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The content and materials accessible from this Platform, and any other Platform owned, operated, licensed, or otherwise controlled by SMC, including without limitation all text, video, audio, streaming content, graphics, images, photographs and any other perceivable media, as well as documents and information downloadable from the Platform (the “Content”) is the proprietary information of SMC or the party that provided or licensed the Content to SMC, whereby SMC and its licensors retain all right, title, and interest in the Content. Neither title nor intellectual property rights in and to the Platform or the Content are transferred to you by access to this Platform. 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 Platform. Modification or use of the Platform or its Content except as expressly provided in this Agreement violates SMC’s intellectual property rights and/or the intellectual property rights of others.
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HYPER-LINKS
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This Platform may be hyper-linked to other websites which are not maintained by, or related to, SMC. Hyper-links to such websites are provided as a service to users and are not sponsored by or affiliated with this Platform or SMC. SMC has not reviewed any or all of such websites and is not responsible for the content of those websites. SMC is not responsible for webcasting, or any other form of transmission received from any hyper- linked websites. Hyper-links are to be accessed at the user’s own and sole risk, and SMC makes no representations or warranties about the content, completeness, or accuracy of those hyper-links or the websites hyper-linked to this Platform. SMC provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party website does not necessarily imply endorsement by SMC of that website, its owner, or its content.
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FEEDBACK
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You hereby grant to SMC 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 Platform or the Content you communicate to SMC (together, (“Feedback”)), and to incorporate any Feedback, in whole or in part or modified as SMC sees fit, in other works, products, or services in any form, media, advertising material or any 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.
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SMC 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 SMC products, services, or other business operations.
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COMPLIANCE WITH THE LAW
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SMC will comply with all applicable laws (including but not limited to healthcare laws), governmental requirements, and industry standards, including those with respect to privacy, data protection, PHI, portability, or accountability, applicable to you or with respect to the Services, and the performance of our obligations under this Agreement.
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SMC represents that its collection, access, use, storage, disposal, and disclosure of Personal Information and PHI does and will comply with all applicable federal and state laws and regulations, including HIPAA and federal and state privacy and data security laws
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Whenever SMC has access to or collects, accesses, uses, stores, processes, disposes of, or discloses credit, debit, or other payment cardholder information, SMC will at all times remain in compliance with the Payment Card Industry Data Security Standard.
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LIMITATION OF LIABILITY
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Your use of this platform is at your own risk. The platform and its content are provided “as is” and without warranties of any kind, either expressed or implied. SMC disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. SMC does not warrant that the functions or content contained in the platform will be uninterrupted or error-free, that defects will be corrected, or that this platform or the server that makes it available are free of viruses or other harmful components. SMC 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 SMC may make changes or improvements at any time. You, and not SMC, assume the entire cost of all necessary servicing, repair, or correction in the event of any loss or damage arising from the use of the platform or its content. SMC 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.
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No guarantees: our role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment, and follow-through. We cannot predict and we do not guarantee that you will attain a particular result, and you accept and understand that results differ for everyone. Everyone’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this platform.
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NO PAYMENTS FOR REFERRALS
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SMC does not provide any type of compensation for any medical referrals. You and SMC hereby agree that the benefits of our services and/or this Platform do not require, are not payment for, and are not in any way contingent upon the referral, admission, or any other arrangement for the provision of any item or service offered by SMC to its patients within the Platform or at our offices or any other facility, center, or health care operation controlled, managed, or operated by SMC or upon the referral, admission, or any other arrangement for the provision of any item or service offered by SMC.