2. We May Revise or Terminate Any Part of the Services at Any Time. We reserve the right, at any time and from time-to-time, to modify or discontinue, temporarily or permanently, the sleepmanagement.md site or the services, with or without notice to you. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we will not be liable to you for any modification, general suspension or discontinuance of sleepmanagement.md site or the services. We may refuse or restrict anyone from access to any or all of sleepmanagement.md site or the services at any time.
3. Acceptable Use of the Services. In order to use the sleepmanagement.md site or the services, you must obtain access to the World Wide Web (or such technology we may designate) directly or through devices that access content and pay any and all service fees, if any, associated with such access: we are not responsible for such fees or costs. Subject to the terms and conditions of this Agreement, we hereby grant to you the non-transferable, nonexclusive, limited license to access and use the Services for personal, non-commercial, reference, education, research or training purposes, without any right to re-license, sublicense, distribute, assign or transfer such rights.
1. Individual Use. Except as provided in (b) below, you agree that you are only authorized to visit, view and to retain a single copy of pages of this sleepmanagement.md site solely for your own individual, non-commercial use, and that you shall not duplicate, download, publish, modify or otherwise distribute any material on the sleepmanagement.md site for any purpose other than for your own individual use unless otherwise specifically authorized by us. You may not use the services or the information contained therein or results derived therefrom to develop any products or services that could be competitive with the services or any other products or services provided by us and our affiliates. We post ?Legal Notices? and various credits on pages of the sleepmanagement.md site, which may not be removed even in your permitted copy. Your use of the sleepmanagement.md site is subject to our Legal Notices and you must not remove these Legal Notices or credits, or any additional information contained along with the Legal Notices and credits.
2. Commercial Use. If you wish to link, publish, frame, refer to or provide information about the sleepmanagement.md site, copyrighted materials or any Services on any website, web page, email address or the like operated by you or your affiliates, or any companies, partnerships, limited liability partnerships or any other legal entity which you have an ownership or investment interest in (also collectively referred to as ?you?), you must first obtain our prior written permission to do so and enter into an agreement with us on terms designated by us. Contact us if you seek to obtain our permission to access the sleepmanagement.md site for commercial purposes. By ?commercial purposes,? we mean your engaging in the marketing, lease or sale of any products or services of any kind whatsoever. If you wish to use the sleepmanagement.md site for any commercial purpose, you must contact us and obtain our prior written permission to do so.
3. Deep Links. You shall not ?deep-link? to the sleepmanagement.md site, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of the sleepmanagement.md site for any purpose, unless specifically authorized in writing by us to do so. You must not create any links from your website to any website which bears the Marks or our copyrighted materials or which offer products or services sales, or offer any of the products or services that are the same as or similar to the products or services Sleep Management Institute offer or similar services without our express written consent. If you wish to deep link or any link to the sleepmanagement.md site for any reason, you must contact us and obtain our prior written approval for such deep links or other links.
4. Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Services. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Services, overloading, ?flooding,? ?mailbombing? or ?crashing? the Services. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including email and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Services.
5. Termination. We reserve the sole right to either modify or discontinue the sleepmanagement.md site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. We may and will terminate your service immediately, if we believe that your conduct fails to conform with this Agreement. Without limiting our rights and your limitations under this Agreement, if you use, or attempt to use the Services or our copyrighted materials for any purposes other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services), you may also be subject to civil and criminal liability.
6. Links to Third Party Sites. If the sleepmanagement.md site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Sleep Management Institute has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damages that may arise from your use of them. If you decide to access any of the third party websites linked to the sleepmanagement.md site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We may also disable all or any social media features and any links at any time without notice at our sole and absolute discretion.
8. You Are Responsible For All of Your Activities and All of The Content You Post. You represent and warrant that any information you post or provide to us by means of the sleepmanagement.md site, including, without limitation, as part of any registration or application or to gain access to any Services, is truthful, accurate, not misleading and offered in good faith. Any information disclosed to you via the Services including, without limitation, any content in any personalized areas of the sleepmanagement.md site, may be used only for its intended purpose. We expect that you will exercise caution, good sense and proper judgment in using the Services. You agree NOT to use the Services for or in connection with any of the following activities:
a. Spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of our personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any email or other posting;
b. Any fraudulent or illegal purpose;
c. Emailing, uploading, or otherwise transmitting or using the Services in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children, or transmitting any sexually explicit materials, including images and other content;
d. Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of our (or anyone else’s) Services, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate our rules or policies;
e. Violating our rights in or to our intellectual property; and
f. To assist you with breaching this Agreement.
9. Account Password and User ID. If the Services require that you become a registered user of the Services or to access any sleepmanagement.md site, you must receive or establish one or more passwords and accounts in the manner we designate. Maintaining the confidentiality and security of your passwords and accounts is solely your responsibility. Accordingly, you must maintain the security and confidentiality of your accounts. Do not divulge your password or account information to any third party. You are entirely responsible for all activities that occur on or through your account(s), and you agree to notify us immediately about any unauthorized use of accounts or any breach of security. You agree that we and our affiliates are not and will not be responsible for any losses incurred in connection with any misuse of or failure to secure passwords, nor do or will they have any responsibility whatsoever for your failure to comply with this Section. Please notify us immediately of any unauthorized use of your account.
10. Do Not Violate Third Party Intellectual Property Rights. Without limiting any of our rights or your obligations under this Agreement, you may not, and by using the Services or sleepmangement.md Site you agree not to, use the Services or a sleepmanagement.md Site to: (i) transmit material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. For purposes of this Agreement, the term ?Intellectual Property Rights? means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
11. Ownership. The trademarks, trade names, logos, color schemes, service marks, slogans, and similar means if identifying products or services displayed on any of the sleepmanagment.md Sites, including without limitation, any variation of the terms or phrases ?Sleep Management Institute? (wordmark), (word and design) and other Intellectual Property Rights are our or our licensors registered and/or common law Marks or other Intellectual Property Rights which may or may not be registered or may in the future be registered. All content and materials on the sleepmanagement.md sites including, without limitation, the Marks, button icons, images, audio clips, and software, copyrights, patents and other Intellectual Property Rights included in the Services or a sleepmanagement.md site, are our property or our licensors’ and are protected by U.S. and international copyright, patent, trademarks, and other proprietary rights and Intellectual Property Rights laws. The compilation of all content on the sleepmanagement.md sites is our exclusive property and is protected by U.S. and international copyright laws. All software used on the sleepmanagement.md sites is our property or our licensors and protected by U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Services is permitted without the express written permission of us and any other applicable copyright owner. You may not copy, reproduce, republish, upload, post, transmit, sell, distribute, transfer or modify any of the content, data, information or materials found on the sleepmanagement.md sites, but you may download, display and print one (1) copy of the content displayed on our site on a single computer for your personal-non-commercial use. You will not use the Marks or other content on any site, website, web page, portal, or any form of advertisement which you operate, authorize or control without our express written permission. You may not use our Marks or copyrighted materials in any search engine descriptions, content (meta-tags, ?white lettering?, key words, or other means of directing or influencing web traffic to any website), web page, portal or email operated, controlled or authorized by you without our express written permission and your doing so constitutes a violation of our rights under U.S. Federal law, U.S. States’ laws, and other international laws and a breach of this Agreement. You will not adopt or use any names, trademarks, slogans, trade names, trademarks, service marks, email addresses, URLs, meta-tags, key words, search descriptions or the like that are the same or are confusingly similar to the Marks. You may not alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Site. Without our prior written consent, you will not submit or maintain any information submitted to search engines which incorporate any content from the sleepmanagement.md site, the Marks, our copyrighted materials or any marks that are confusingly similar to the Marks.
11. Compliance with Laws. You may use the Services and the sleepmanagement.md Sites only for lawful purposes. The Services and use of the sleepmanagement.md sites are subject to, and you agree that you will at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Services. This obligation includes your agreement to comply with all applicable laws or industry-specific regulations, and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefore, as well as authorization from us.
12. E-Sign. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the agreements into which you thereby enter. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the ?E-Sign Act?) or other similar statutes, you hereby agree to the use of electronic signatures, contracts, applications and other records and electronic delivery of notices, policies and records of transactions initiated or completed through the sleepmanagement.md site. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You may obtain a copy of this Agreement by printing it now at no additional cost to you or by contacting us later at 513-721-7533. In addition, you understand that certain Services on the sleepmanagement.md site such as a general contents page and a current information page (which provides information that may include, without limitation, news of interest to users of the sleepmanagement.md sites, shipper information and other Services) may include materials and information from third parties, and you acknowledge and agree that we have minimal control over such information. Accordingly, we cannot guarantee, represent or warrant that the content contained in the sleepmanagement.md site is appropriate to you, and/or inoffensive.
13. We Make No Warranties. You use the services and the m-clinics sites are at your sole risk. Sleep Management Institute makes no representation or warities as to the suitability or accuracy of products and services available through sleepmanagement.md sites as stated on the website or otherwise included in the content. the services and the sleepmanagement.md sites are provided on an ?as is? and ?as available? basis, without warranties of any kind, express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose or use, or any warranties of title or non-infringement. we do not warrant that the sleepmanagement.md site will be available or operate in an uninterrupted or error-free manner or that reason, then the aggregate liability of us for any reason and upon any cause of action (including, without limitation, negligence, strict liability and other actions in contract or tort) arising out of or in any way related to the sleepmanagement.md site or this agreement shall be limited to direct damages actually incurred up to two hundred fifty dollars ($250). The limitation of liability herein applies to all liabilities in the aggregate, including, without limitation, those resulting from your use or your inability to use the sleepmanagement.md sites or services, or any other matter arising from or relating to the sleepmanagement.md site. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
14. Indemnity of Us. You agree to indemnify and hold us harmless, and, at our request, to defend us from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your use (or inability to use) the Services, any aspect of the sleepmanagement.md Sites, or any other activities of yours accomplished using the Services or the sleepmanagement.md site.
15. Order of Precedence. This Agreement governs your use of the sleepmanagement.md Sites and access to the Services. This Agreement does not modify, alter or amend any other agreement you have entered or will enter into with us or any of our related or affiliated entities. To the extent that any provision of this Agreement or any supplemental agreement offered as any part of any registration for additional Services on the sleepmanagement.md Site, conflicts with any provision of your other agreements with us or any of our related or affiliated entities, the terms of such other conflicting term(s) of this Agreement will govern.
16. Resale of Services. You also may not resell the Services (or any part thereof) without our prior written consent. If you wish to do so, contact us to determine if we will grant you permission to resell the Services for your specific purpose. If you wish to access the sleepmanagement.md Site or use any of the Services, copyrighted materials or the Marks for commercial purposes or which affiliate with our Marks in any way, contact us to discuss establishing a commercial relationship with us and determine if we will grant you written permission to do so. You acknowledge that you do not acquire any ownership or license rights by virtue of downloading the Marks, copyrighted material from the Services. All rights not expressly granted under this Agreement are expressly reserved to us. If you believe your rights under applicable copyright laws are being infringed, you may notify our designated personnel who assist us with our Copyright notice and takedown policies.
17. Choice of Law and Forum. The Services are controlled by us from within the State of Ohio, USA, although it may be accessed and used throughout the world. Subject to this Agreement, by submitting a registration or by accessing or using the Services, you and we each agree that the substantive laws of the State of Ohio, USA will govern with respect to all matters relating to or arising from this Agreement, or the use (or inability to use) the Services, and that such laws will apply without regard to principles of conflict of laws. Subject to the dispute resolution procedures set forth above, you and we agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state and federal courts located in Hamilton County, Ohio, USA with respect to such matters. Regardless of any statute or law to the contrary, any claim or cause o1f action arising out of or related to the Services must be filed or otherwise commenced within one (1) year after such claim or cause of action arose or be forever barred.
18. International Use. Although this site may be accessible worldwide, we make no representation that content on this site is appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations access the Site on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
19. Miscellaneous Terms. Subject to the terms of this Agreement and our other operating rules and policies for the sleepmanagement.md site, this Agreement constitutes the entire agreement between you and us with respect to the subject matter addressed herein, and governs your use of the Services, superseding any prior agreements between you and us relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with us pursuant to a registration to access certain features of the sleepmanagement.md site. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
20. No Medical Advice or Physician Relationship. The contents of the sleepmanagement.md site, such as their text, graphics, images, information, descriptions, diagrams, testimonials, communications, forms, software, sounds materials music, graphics, photos, videos and other material and services are owned by us or our affiliates or our Licensors and constitute the “content” of the sleepmanagement.md site. The content is for information purposes only and does not constitute advice of any kind. Sleep Management Institute tries to provide content that is true and accurate but does not warrant the accuracy, timeliness or applicability of any of the content. Sleep Management Institute reserves the right to change and modify the content at any time. We reserve the right to change and modify the content at any time. We are not engaged in providing professional medical, legal or financial advice via this Site or otherwise. You should not view the information provided on this Site as a substitute for, or to augment in any way professional medical advice, diagnosis or treatment of any kind or nature. You should seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or anything you may think could be a medical condition. You should not disregard the professional medical advice you are given from your physician or other qualified healthcare provider or delay in seeking it because of the content you have read or received from the sleepmanagement.md site, or other communications you receive from us. Nothing contained on the sleepmanagement.md site (a) is intended to or shall be construed to constitute professional advice for any purpose, including any medical diagnosis or treatment (b) is intended to or shall be construed as medical advice or (c) is intended or shall be construed as establishing a patient and physician relationship with Sleep Management Institute. If you think you have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned the Site. Reliance on any information or Services provided by us, our employees, officers, directors, agents, affiliates or contractors, or otherwise appearing on the sleepmanagement.md site, or from other visitors to the sleepmanagement.md site is solely at your own risk. The Sleep Management Institute site may contain certain health or medical related materials, appetite, migraine, headache, erectile dysfunction, wellness, weight loss or other items that you or others may consider sexually explicit or offensive, either from your own personal standpoint, religious or political viewpoint. If you do find any of these materials offensive or otherwise explicit, you may not want to use the sleepmanagement.md site.
22. Contact Information. To contact us about this Agreement or to provide any other notice, send such notice via email or conventional mail. Notices to us must be sent to the attention of Sleep Management Institute Customer Service at email@example.com, if by email, or 8250 Kenwood Crossing Way, Cincinnati, OH 45236 if by conventional mail.