Welcome to Patient Sleep Supplies, Inc. Patient Sleep Supplies, Inc. provides this web site as a service to you in order to purchase products subject to the following Terms and Conditions contained in this User Agreement ("Terms"), which may be updated from time to time without notice. By signing up, accessing, or using the site, or any of the services or features contained therein, the user agrees that they have read, understood, and agree to be bound by these Terms. Patient Sleep Supplies, Inc., and its affiliates (herein collectively referred to as "Patient Sleep Supplies”, "we," "us" , “Sites,” or "our," except where noted), operates and owns this Web site. As used hereinafter, the terms “Buyer”, “user”, “User”, “You”, “you”, “Your”, “your”, and “the customer” shall be synonymous and shall refer to the person or business entity (or agents, employees, authorized representatives, affiliates, or anyone acting on their behalf) that is accessing the web site and/or purchasing products herein.
Before you may use the Patient Sleep Supplies, Inc. website and services, you must read and accept all of the terms and conditions in this User Agreement. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.
This Agreement is effective upon acceptance for new users and on November 21st, 2011 for all existing users.
Terms of Purchase
For any purchase in which Patient Sleep Supplies, Inc. makes delivery, Buyer hereby agrees to pay Patient Sleep Supplies, Inc. customary shipping charges. Delivery shall be made according to Patient Sleep Supplies, Inc. standard delivery procedures or as specifically detailed at the time of purchase. The risk of loss shall pass to Buyer upon delivery of the goods should Buyer not be present to accept delivery. Buyer hereby authorizes Patient Sleep Supplies, Inc. to unload the goods and leave them at the delivery destination. Buyer shall release Patient Sleep Supplies, Inc. and shall indemnify and hold harmless Patient Sleep Supplies, Inc. from and against any and all claims demands, actions, causes of action, cost, expenses, and attorney's fees arising out of or its connection with any and all injury including death, to any person or persons (whether third parties or agents, servants, or employees of Buyer), any and all damages to or loss of any property (whether belonging to Buyer or a third party), and any and all other damages recognized at lass, or in equity caused in whole or in part by or its anyway related to the delivery of goods, whenever such delivery is made in accordance with or pursuant to Buyer's instructions.
Buyer shall have the right to inspect the goods upon arrival. Buyer's inspection rights shall expire 24 hours after the arrival of the goods at the delivery destination. A failure to inspect and report any error in product delivery within that time shall waive notice of any defect which reasonable inspection would have revealed. A rejection of the goods by Buyer shall not be effective unless it is made and written notice thereof is given to Patient Sleep Supplies, Inc. within 5 calendar days of delivery.
Patient Sleep Supplies, Inc. shall have the right, without prejudice to any other rights, to suspend further deliveries of any products purchased if Buyer defaults its payment of any amounts due, or whenever Patient Sleep Supplies, Inc. may deem itself insecure as to Buyer's performance, until Buyer remedies such default or provides adequate assurance to Patient Sleep Supplies, Inc. of Buyer's ability to perform.
Unless otherwise provided by law, Patient Sleep Supplies, Inc. may require Buyer to pay or to reimburse Patient Sleep Supplies, Inc. for any tax, (except, income tax) which now or hereafter may be imposed by any taxing authority with respect to the items purchased or the sale, purchase, manufacture, delivery or use thereof.
Patient Sleep Supplies, Inc. discounts and coupon codes do not apply to ResMed Products.
Patient Sleep Supplies, Inc. reserves the right to discontinue, without liability hereunder, deliveries of any merchandise, the manufacture, use and/or sale of which in the opinion of Patient Sleep Supplies, Inc. would infringe any patent now or here after issued and under which Patient Sleep Supplies, Inc. is not licensed.
Buyer shall not hold Patient Sleep Supplies, Inc. responsible for any delay caused in whole or in part by circumstances beyond Patient Sleep Supplies, Inc. reasonable control, including but not limited to, force majeure, fires, or accidents; strikes or other differences with workmen: war (whether declared or undeclared), riots, or embargoes; delays by carriers; delays its shipment or receipt of materials from suppliers; or any legislative, administrative or executive law, order, or requisition of the federal or any state or local government or any subdivision, department, agency, officer or official thereof. Patient Sleep Supplies, Inc. may allocate its available supply among Patient Sleep Supplies, Inc. customers, including Patient Sleep Supplies, Inc. branches and affiliates, in any manner Patient Sleep Supplies, Inc. deems reasonable.
Use of Patient Sleep Supplies, Inc.
While using PatientSleepSupplies.com you will not:
Post content of an inappropriate nature on the Sites; violate any laws, third party rights, or any of our policies;
Use Patient Sleep Supplies, Inc., if you are below the age of 18, if you are unable to form legally binding contracts, or if you are temporarily or permanently suspended from Patient Sleep Supplies, Inc.;
Manipulate the price of any product or item listed on Patient Sleep Supplies, Inc.;
Manipulate or circumnavigate our fees, our billing activities and processes, or fees owed to Patient Sleep Supplies, Inc.;
Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
Engage in any action that may weaken or sabotage the User Review or User Ratings System such as exhibiting, importing or exporting Review data off of Patient Sleep Supplies, Inc. or by using it for some other purpose not related to Patient Sleep Supplies, Inc.;
Transfer your Patient Sleep Supplies, Inc. account to another party without our consent;
Distribute or post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes;
Use any form(s) of technology (at our sole discretion) that might cause harm to Patient Sleep Supplies, Inc., or to the interests or property of Patient Sleep Supplies, Inc. users;
Duplicate, change, or disseminate content from Patient Sleep Supplies, Inc. and our copyrights and trademarks; gather, compile, or in any way collect information about users, including email addresses, without first obtaining such user's express consent;
Impersonate any person or entity, including without limitation a Patient Sleep Supplies, Inc. employee or agent, or otherwise misrepresent your affiliation with any person or entity;
Register or use any email address that you do not own or for which you do not have the express permission of the owner to register with Patient Sleep Supplies, Inc.
Abuse of Patient Sleep Supplies, Inc.
Patient Sleep Supplies, Inc. works together with its users to keep the site operating properly and to help safeguard its users as much as possible. Please report to us any issues, inappropriate or offensive content, and violations of our policies.
Patient Sleep Supplies, Inc. may suspend, deactivate, limit, or cancel our service and user accounts, impede or restrict access to our website, defer, or delete hosted content, and utilize technological methods or legal means to keep users off of Patient Sleep Supplies, Inc. , if in our sole discretion, we think that they are causing issues, potential legal liabilities, or are acting in a manner inconsistent with the letter or spirit of our policies and this Agreement. We may do this without limiting other possible remedies. We also have the ability to terminate user accounts that have no activity for a long period of time.
Patient Sleep Supplies, Inc. reserves the right to refuse service to anyone. We may, at our sole discretion, mark any customer or account "Do Not Provide". Should this occur, we will continue to provide warranty and other related services as required by law, however we will not sell any further products to the "Do Not Provide" customer.
By submitting communications or content to any part of the site where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to the site will be deemed and remain the property of Patient Sleep Supplies, Inc. . You grant or warrant that the owner of such content has expressly granted Patient Sleep Supplies, Inc. a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, copy, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
Usage of Content
You may print out any of the materials from this Web site for your personal, non-commercial use only, and not for re-sale, provided you keep intact all copyright and other proprietary notices. Accordingly, you may copy this information only as necessary for your personal use to (i) view it on your screen, and (ii) save a single copy on your hard drive or disk, provided that you do not remove any copyright notices that appear and do not modify the information in any way, and/or (iii) print a copy for personal use. You may not otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any materials from this Web site, and may not republish, upload, post, transmit, loan, rent, transfer, sell or otherwise distribute any materials from this Web site in any form, for any purpose. The use of any such materials on any other Web site or network computer environment is also prohibited. If you use the materials other than as permitted in this license, you will be violating Patient Sleep Supplies, Inc. 's copyright and other proprietary rights. Unless otherwise indicated, all information contained on the site, such as text, graphics, logos, button icons, images, audio clips, videos are copyrighted by and proprietary to Patient Sleep Supplies, Inc. and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Patient Sleep Supplies, Inc. 's prior written consent.
We may also use third party information, photos, or videos from manufacturers for marketing or informational purposes of the products we sell on Patient Sleep Supplies, Inc. . Any use of these 3rd party information, photos, or videos by a Patient Sleep Supplies, Inc. user will require that they get the appropriate consent from the responsible 3rd party prior to using those 3rd party images or information.
No Medical Advice; No Guarantees
You recognize and agree that the content made available through Patient Sleep Supplies, Inc. is for informational purposes only and is not intended to be taken and should not in any way be construed as medical advice or counseling, as the practice of medicine or as the creation of a physician-patient relationship with Patient Sleep Supplies, Inc. . Users should never use any Patient Sleep Supplies, Inc. resources in place of seeking professional advice from a licensed medical practitioner. We make no guarantees, promises, or predictions of success regarding any of the services or resources offered through Patient Sleep Supplies, Inc.
Right To Refuse Service On All Orders
Patient Sleep Supplies, Inc. reserves the right to refuse service to anyone at any time at our sole discretion. In the case where we discontinue service we will continue to honor any warranty obligations as required by law.
Limitation of Liability
Patient Sleep Supplies, Inc. will not be held responsible for other users’ actions or inactions, including things posted by said users. Additionally, in no event shall Patient Sleep Supplies, Inc. guarantee constant or secure access to our websites or services, and normal functioning of Patient Sleep Supplies, Inc. may be interfered with or disrupted by numerous factors beyond the scope of our control.
Patient Sleep Supplies, Inc. shall assign or transfer to Buyer any assignable or transferable manufacturer's warranties, if any, applicable to this purchase, in lieu of all other warranties, express or implied. Patient Sleep Supplies, Inc. MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. There is no warranty made by Patient Sleep Supplies, Inc. for any products purchased. Patient Sleep Supplies, Inc. is not responsible for injury, infection, or other damage resulting from the use of the products it supplies. Sterilization (where applicable), use and application of products is the responsibility of the user. Federal law in the United States restricts the sale, distribution or use of these products to, by or on the order of a licensed medical practitioner.
Patient Sleep Supplies, Inc. SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER DIRECT OR INDIRECT, CONTINGENT OR OTHERWISE, CAUSED BY IT’S FAILURE OR DELAY IN PERFORMANCE OR DELIVERY, OR DUE TO ANY CAUSE WHATSOEVER, OR ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT. Any liability of Patient Sleep Supplies, Inc. is limited to repayment of the purchase price of items not conforming to the description on the face hereof upon return of the items. This remedy is the exclusive remedy for the Buyer under this Agreement. Patient Sleep Supplies, Inc. shall not be liable for any damages attributable to product abuse, misuse, neglect or any other cause, which is not the fault of Patient Sleep Supplies, Inc. .
Buyer agrees to indemnify and hold harmless Patient Sleep Supplies, Inc. from and against any and all claims, demands, actions, causes of action, costs, expenses, and attorney's fees arising out of or in connection with any and all injury, including death, to any person or persons (whether third parties or agents, servants or employees of Buyer), any and all damages to or loss of any property (whether belonging to Buyer or to a third party), and any and all other damages recognized at law or in equity, caused by or resulting from its whole or its part, any act(s) or omission(s), negligent or otherwise, of Buyer, or any of Buyer's agents, servants, employees, subcontractors or customers, or any use of any products purchased from Patient Sleep Supplies, Inc. . In the event that the applicable law prohibits enforcement of this clause as written, then and only then, this clause shall be modified to provide the maximum indemnification to Patient Sleep Supplies, Inc., as indemnities, allowable under that applicable law.
Waiver by Patient Sleep Supplies, Inc. of any terms or conditions of this contract or waiver of any breach hereof shall not be construed as a waiver of any other terms or conditions. A determination that any provision of this Agreement is illegal or invalid shall not affect the validity or enforceability of the remaining provisions of this Agreement.
Patient Sleep Supplies, Inc. provides users through its web site(s) access to various resources, including an online store, company and product information, which may be accessed through various media or devices now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Patient Sleep Supplies, Inc. to provide the Service. You also understand and agree that the Service may include certain communications to registered users from Patient Sleep Supplies, Inc., such as service announcements and administrative messages and that these communications are considered part of Patient Sleep Supplies, Inc. Service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to these Terms. You understand and agree that the Service is provided "AS-IS" and that Patient Sleep Supplies, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
In consideration of your use of this web site and the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services or products of the type sold herein under the laws of the United States or other applicable jurisdiction. If you choose to create an account with us, or otherwise use this web site, you also agree to provide true, accurate, current and complete information, under penalty of perjury under the laws of the jurisdiction in which you reside, about yourself as promoted by the Service’s registration form. As part of the online registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any password you use to access the online services, and agree that Patient Sleep Supplies, Inc. will have no obligations with regard thereto.
Patient Sleep Supplies, Inc. and related sites under common ownership and/or control, may contain links to Web sites not under our control. Although we try to choose sites that will be helpful to you, we are not responsible for the quality, safety, completeness, accuracy, or nature of the content of such sites and we cannot guarantee that such content may change without our knowledge. We provide these links simply as a convenience to you and this convenience should not be considered an endorsement by us of these Web sites or the companies who own them.
You agree to release Patient Sleep Supplies, Inc., trustees, officers, agents, directors, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, real or imaginary, arising out of or in any way connected to a dispute with Patient Sleep Supplies, Inc. .
Access and Interference
Much of the information on the Patient Sleep Supplies, Inc. website is updated in actual time and is exclusive to the owners or is licensed by third parties for our users to Patient Sleep Supplies, Inc. You agree that you will not use any robot, spider, scraper or any other automated means to access the Patient Sleep Supplies, Inc. website for any purpose without first obtaining our express written permission.
You also agree that you will not:
Take any action, that at our sole discretion imposes or might possibly impose an unreasonable or excessive load on the Patient Sleep Supplies, Inc. framework;
Copy, reproduce, modify or create derivative works from, distribute, or publicly display any content from Patient Sleep Supplies, Inc. without the prior expressed written permission of Patient Sleep Supplies, Inc. and the appropriate third party, as applicable;
Interfere with or try to meddle, tamper, or obstruct the proper and correct functioning of Patient Sleep Supplies, Inc. or any activities carried out on Patient Sleep Supplies, Inc.; or
Circumvent or use any other method to bypass the security measures we may use to prevent or restrict access to Patient Sleep Supplies, Inc..
If you use this site and create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Patient Sleep Supplies, Inc. does sell some products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Patient Sleep Supplies, Inc. only with involvement of a parent or guardian. Patient Sleep Supplies, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
In the event that a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Patient Sleep Supplies, Inc. shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. Patient Sleep Supplies, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Patient Sleep Supplies, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Omni Prep, NuPrep, and Ten20 are registered trademarks of D.O. Weaver and Co. Nihon Khoden and Elefix are registered trademarks of Nihon Khoden Corporation. Signagel, Spectra 360, Aquasonic 100 are registered trademarks of Parker Labs. Grass and EC2 are registered trademarks of Astro-Med, Inc. Hydrospot and Hydrodot are registered trademarks of Physiometrix, Inc. Transpore, Micropore, Durapore, Blenderm, Microfoam, Medipore, Coban and Tegaderm are all registered trademarks of 3M Corporation. Cover-Roll is a registered trademark of Biersdorf Corporation. Hy-Tape is a registered trademark of Hy-tape Corporation. Sensormedics and Ampstar are registered trademarks of Sensormedics Corporation. Cleartrace is a registered trademark of Conmed Corporation. Luer-Lok is a registered trademark of Luer-Lok Corporation. Easyflow, SleepMate, and Moving Images are registered trademarks of Newlife Technologies. Edentrace is a trademark of Nellcor, Inc. Cadwell is a registered trademark of Cadwell Laboratories, Inc. Panasonic is a registered trademark of Panasonic Corporation. Control III is a registered trademark of Maril Corporation. Bio-Tac and Curasilk are registered trademarks of Kendall Corporation. Blue Sensor and Skin Fix are registered trademarks of Medicotest, Inc. Sony is a registered trademark of Sony Corporation. Kodak is a registered trademark of Kodak Corporation. Fuji is a registered trademark of Fuji Corporation. Iomega is a registered trademark of Iomega Corporation. TDK is a registered trademark of TDK Corporation. Protech and Crystal Trace are registered trademarks of Protech Services, Inc. Ultima is a registered trademark of Braebon Corporation. Tender Grip is a registered trademark of Salter Labs. Nonin is a registered trademark of Nonin Corporation. Prep-N-Stay is a registered trademark of Pharmaceutical Innovations, Inc. All services provided, including the advertisement, ordering, sale, delivery, instruction, and setup of the products, are performed solely by www.Patient Sleep Supplies, Inc. and independently of the manufacturer.
LIABILITY AND DISCLAIMERS
NEITHER PATIENT SLEEP SUPPLIES, INC. NOR ANY OF ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICES, THE SERVER THAT MAKES THEM AVAILABLE, THE SITE CONTENT, OR THE FUNCTIONS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Site Contents are provided to you "as is," and "as available," and you agree to use it at your own risk. Patient Sleep Supplies, Inc. and each of its affiliates and licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this information.
PATIENT SLEEP SUPPLIES, INC. AND EACH OF ITS AFFILIATES AND LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS AND THIRD PARTY SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE, PERFOMANCE OR POSSESSION OF THIS WEB SITE OR ITS CONTENTS; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR ITS CONTENTS, ANY DEFECT IN THIS WEB SITE OR ITS CONTENTS, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF PATIENT SLEEP SUPPLIES, INC. OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
IF THIS EXCLUSION OF WARRANTY OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN PATIENT SLEEP SUPPLIES, INC. AND ITS AFFILIATES' MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT OF ANY AMOUNTS WHICH YOU MAY HAVE PAID FOR PRODUCTS OR THE SERVICES.
Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Patient Sleep Supplies, Inc. or each of their respective licensors. Product and service information are the sole responsibility of each individual vendor. The Patient Sleep Supplies, Inc. name, logo and trademark, and other trademarks and trade names owned by Patient Sleep Supplies, Inc. and may not be used in any commercial manner without the prior written consent of Patient Sleep Supplies, Inc.
Risk of Loss
All items purchased from Patient Sleep Supplies, Inc. are made pursuant to a shipping agreement; This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Patient Sleep Supplies, Inc. is not responsible for injury, infection, or other damage resulting from the use of the products it supplies. Sterilization (where applicable), use and application of products are the responsibility of the user.
Patient Sleep Supplies, Inc. attempts to be as accurate as possible. However, Patient Sleep Supplies, Inc. does not warrant that product descriptions or other contents on this site are accurate, complete, reliable, current, or error-free. Please contact us to let us know if you find an error or discrepancy anywhere on Patient Sleep Supplies, Inc.
Insurance and Insurance Claims
Patient Sleep Supplies, Inc. does not accept assignment of benefit. We are not a provider for any insurance company or health care organization. Patient Sleep Supplies, Inc. does not file any insurance claims for any reason.
ABN Notice For Medicare Beneficiaries
Patient Sleep Supplies, Inc. sells CPAP equipment to customers for cash. We do not work with private or government based insurers or social benefit programs. We do not accept assignment. Patient Sleep Supplies, Inc. is not a Medicare provider nor do we have a Medicare number. Medicare will not reimburse you for purchases you make on Patient Sleep Supplies, Inc.
You (“Indemnifying Party”) each agree to defend Patient Sleep Supplies, Inc. (“Indemnified Party”) in and from all third party claims, causes of action, demands, suits or legal proceedings of any sort (“Claims”), and indemnify and hold Patient Sleep Supplies, Inc. harmless from any losses, costs, damages, expenses, settlements, judgments and liabilities (including reasonable attorneys’ fees, court costs and expenses) (“Liabilities”) arising from or relating to (a) intentionally wrongful, reckless or negligent acts or omissions committed by the Indemnifying Party; (b) any breach of the Indemnifying Party’s representations, warranties and/or obligations set forth in these Terms, or (c) the infringement by the Indemnifying Party of any patents, registered designs and copyrights (including rights in software), trademarks, trade secrets, rights of publicity or privacy, design rights, database rights, semi-conductor topography rights or rights in mask works, or any other similar intellectual property rights of any third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Patient Sleep Supplies, Inc. by this Agreement.
Except as specifically stated elsewhere, legal notices shall be served by Patient Sleep Supplies, Inc. national registered agent or to the email address you provide to Patient Sleep Supplies, Inc. during the registration or ordering process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Additionally, you may be served legal notice by mail to the address(es) on file with your Patient Sleep Supplies, Inc. account. In such case, notice shall be considered given 72 hours after the date of mailing.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Such notice must include
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices and counter-notices with respect to the site should be sent to David H. Dicker, Esq., Dicker & Dicker, LLP, 21550 Oxnard Street, Suite 550, Woodland Hills, California 91367, Attn: Patient Sleep Supplies, Inc. Web Site, Fax (818) 704-8000. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Please note that the fax number above is NOT for Customer Care; we will not respond to customer service inquiries directed there.
Resolution of Disputes
If a dispute arises between you and Patient Sleep Supplies, Inc., our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Patient Sleep Supplies, Inc. agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes
This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Patient Sleep Supplies, Inc. must be resolved by a court located in Ventura County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Ventura County, California for the purpose of litigating all such claims or disputes. Buyer agrees that, in the event, any action is brought upon, or due to, this Agreement by either Buyer or Patient Sleep Supplies, Inc., and Patient Sleep Supplies, Inc. prevails, Buyer shall pay Patient Sleep Supplies, Inc. 's reasonable attorney's fees and other costs incurred because of or in connection with such action.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims
All claims you bring against Patient Sleep Supplies, Inc. must be resolved in accordance with this Resolution of Disputes section. All claims filed or brought contrary to the Resolution of Disputes section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes section, Patient Sleep Supplies, Inc. may recover attorneys' fees and costs up to $1,000.00, provided that Patient Sleep Supplies, Inc. has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
The following policies are incorporated into this Agreement and set forth additional terms and conditions that are related to specific services offered on the Site:
Returns Policy - Click to read this policy.
Each of these policies may be changed at any time. Changes take effect at the time they are posted on Patient Sleep Supplies, Inc . When you use various services on Patient Sleep Supplies, Inc., you are subject to any posted policies or rules applicable to those services. All such rules or policies posted on Patient Sleep Supplies, Inc. are hereby incorporated into this Agreement.
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The section titles and headings in this Agreement are for reference or convenience only and have no legal or contractual effect and in no way limit the scope or extent of such section. Failure of Patient Sleep Supplies, Inc. to take action in regards to a violation of this Agreement by you or others in no way waives our rights to take action with respect to subsequent or similar violations. In no way do we guarantee that we will take action against all violations of this Agreement. Patient Sleep Supplies, Inc. is located at 2001 Corporate Center Drive, Thousand Oaks, CA 91320.
We may make changes or amendments to this Agreement at any time by posting the amendments on Patient Sleep Supplies, Inc. All changes to this Agreement shall automatically become effective.