1. Introduction. Welcome to SleepStudiesatHome.com (hereinafter "SSAH"). This site is provided as a service to our customers. Please review the following basic rules that govern your use of the SSAH site (the "Agreement"). Please note that your use of this Site (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms of Use. SSAH reserves the right to update or modify these Terms of Use at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Site.
2. Use of this Site. By accepting these Terms of Use through your use of this Site, you certify that you are 18 years of age or older. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
3. Credit. Acceptance of any order is subject to final credit approval.
4. Site Security. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing"; or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. SSAH will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
5. Disclaimer. This site is provided by SSAH "as is", "with all faults", and "as available", and the entire risk for satisfactory quality, performance, accuracy, and effort is with you. SSAH makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this Site. To the full extent permissible by applicable law, SSAH disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this Agreement.
6. Choice of Law and Location for Resolving Disputes. Claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated according to the laws of the State of Georgia, without reference to conflict of laws principles.
7. Assumption of Liability. You hereby assume all liability with regard to the maintenance, use and disposal of the products offered and purchased herein, agree and confirm that You will abide by all federal, state, and local laws and regulations regarding the use of any product purchased, and agree that You will hold SSAH harmless from any liability therefrom.
8. Order Acceptance. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If you order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
9. Quantity Limits and Dealer Sales. SSAH reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same SSAH account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.
10. Termination; Access Restriction. SSAH may terminate this Agreement, or terminate or suspend your access to this Site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use this Site will immediately cease. Upon such termination or suspension, information you have stored on the Site may not be retrieved later.
11. Copyrights and Trademarks. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by SSAH and are protected by U. S. copyright laws. The compilation of all Contents on this Site is the exclusive property of SSAH and is also protected by U. S. copyright laws. SSAH and its suppliers expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of the SSAH or any third party's intellectual property rights.
12. Pricing Information. While SSAH strives to provide accurate product and pricing information, pricing or typographical errors may occur. SSAH cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, SSAH shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event than an item is mispriced, SSAH may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
13. Return Policy. SSAH will accept returns within 10 days of the initial purchase on any unopened item. A 15% restocking fee will be subtracted from the original cost and a credit for the difference will be issued. Shipping costs are not refundable.
14. CPAP and Auto PAP Machine Prescription Policy. SSAH requires a prescription for every CPAP and Auto PAP machine purchased. The prescription must include a doctor's signature and for CPAP machines, the pressure at which the machine should be set. A copy of the prescription must be faxed to: 404-607-0543 before we will ship your selected machine. Please send a copy of your prescription within 7 business days. If we do not receive your prescription before the expiration of this time period, we will void your order and credit your credit card account minus a 10% administrative processing fee.
15. Limitation of Liability. During the process utilized by SSAH in conducting sleep studies in the home, a questionnaire is submitted to you and must be completed by you prior to any test being conducted. The content and answers of the questionnaire provided to you are your sole responsibility. SSAH, its employees, and/or any reading physicians compensated by SSAH as an employee or independent contractor, disclaim any liability for problems or complications that result or occur due to false, incorrect, inaccurate, or incomplete information provided by you to SSAH on said questionnaire.
16. Membership Fee. In the event you decide to become a member of this Site or maintain a Membership account, a $25.00 membership fee will be charged on your credit card at the time you join as a member. In addition, for each subsequent year thereafter you remain a member, an additional $25.00 annual fee will be automatically charged to your credit card unless you contact SSAH and inform the company that you no longer wish to maintain a membership account.
17. Penalties. In the event you elect to have a sleep study performed in your home by SSAH, and the necessary equipment is shipped to you for the sleep study as provided in the directions contained herein, you are required to perform the sleep study in your home upon receipt of the necessary in-home sleep study kit and/or equipment from SSAH. Upon completion of the study, you shall return the equipment to SSAH within the given time frame. If the equipment is not received by SSAH within the given time frame, you authorize SSAH to charge your account (your credit card) with a penalty of $25.00 per day for each day the in-home sleep study kit is not returned.
18. HIPAA Compliance SSAH is legally required to protect the privacy of your health information, which is called protected health information or "PHI". PHI includes information about your past, present, or future health condition, the provision of health care to you, or the payment for this health care. SSAH will not use or further disclose PHI other than as permitted or required by law. Except as otherwise provided in this document, SSAH may make any and all uses of PHI necessary to perform its obligations under these applicable terms and conditions and in order to provide the services for which you have contracted and/or paid. All other uses not authorized are prohibited.
