Terms and Conditions

Effective Date: October 9, 2024

 

Please read and review these Terms of Use carefully before accessing or using the Apnimed Inc. (“Apnimed,” “we,” “us,” “our”) website, located at https://apnimed.com/, (“Website”). By accessing or using this Website, you acknowledge that you have read, understood and agreed to these Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Website.

 

Binding Arbitration

THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND APNIMED MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST APNIMED TO BINDING, CONFIDENTIAL AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. YOU WILL ALSO ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

 

Please review the section below entitled, “Agreement to Arbitrate” for the details regarding your agreement to arbitrate any disputes with Apnimed.

 

Use of Website

The information provided on this Website is for general informational and educational purposes. Your access to and use of the information contained in the Website is subject to these Terms of Use. By accessing and using this Website, you accept, without limitation or qualification, these Terms of Use. You are solely responsible for the information you provide to the Website.

 

Additional Terms

When using certain features through the Website, you may be subject to any additional terms applicable to such features that may be posted on the Website from time to time. All such terms are hereby incorporated by reference into these Terms of Use.

 

Changes to Terms

We may change these Terms of Use from time to time in our sole discretion. The revised terms and conditions will become effective at the time of posting on the date these Terms of Use were last revised, and the Effective Date of these Terms of Use is set forth at the top of this webpage. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms of Use. Your continued use of the Website after the Effective Date constitutes your acceptance of the amended Terms of Use. The amended Terms of Use supersede all previous versions. If any change to the Terms of Use is not acceptable to you, you will not access or use (or continue to access or use) the Website.

 

Medical Disclaimer

Apnimed does not engage in the practice of medicine, render medical advice, or dispense medical services, including via this Website. Nothing contained in this Website is intended to provide instructions for the medical diagnosis or treatment of any disease or disorder. This Website contains general educational information relating to various medical conditions and their treatment. Any information provided should not be considered complete, nor should it be used in any capacity as a basis for diagnosis or course of treatment for any particular individual or group of individuals. Such information is provided for educational and informational purposes only and is not intended to be – nor should it be relied on as – a substitute for a visit, call or consultation with, or advice provided by a doctor or other qualified medical professional. SHOULD YOU HAVE A MEDICAL CONDITION, SEE YOUR OWN MEDICAL DOCTOR OR HEALTH CARE PROVIDER. PATIENTS SHOULD ALWAYS CONSULT WITH A DOCTOR OR OTHER MEDICAL PROFESSIONAL FOR ALL HEALTHCARE- RELATED QUESTIONS, MEDICAL ADVICE OR INFORMATION OR QUESTIONS ABOUT DIAGNOSIS AND TREATMENT.

 

This Website may contain information on pharmaceutical and medical device products. These products are only available upon prescription from a medical doctor or qualified medical professional once approved by an applicable regulatory authority, and not all such products may be available in all countries. You should always obtain complete medical information about your prescription medicines or medical devices (including their beneficial medical uses and possible risks and adverse effects) by discussing the appropriate use of any medicine(s) or medical devices directly with your physician. Information on products may vary by country. Patients, physicians and other medical professionals should check with local medical resources and regulatory authorities for information appropriate to their country. Current laws and regulations of certain countries may limit (or even prohibit in some instances) the ability of Apnimed to provide information and/or to respond directly to patient questions regarding its prescription products.

 

Content

Apnimed will use reasonable efforts to include accurate and up-to-date information on this Website but makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this Website and the content thereof is at your own risk. Neither Apnimed nor any party involved in creating, producing or delivering this Websiteack shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Website, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer equipment.

 

License for Your Use

You acknowledge and agree that the Website may contain content that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. For any period of time that you use the Website and abide by the Terms of Use, Apnimed grants to you a limited, revocable and nonexclusive license to access the Website for your personal use but not to copy, download, modify, reproduce, distribute, duplicate, create derivative works from, or otherwise exploit for any commercial purpose the Website or its content or any portion thereof, except as set forth herein. You may not utilize framing to enclose any trademark, logo, content or other proprietary information contained on the Website without the express written consent of Apnimed. You may not use any meta tags or any other “hidden text” utilizing Apnimed’s name or trademarks without the express written consent of Apnimed. You agree to use the Website only for lawful purposes, and you acknowledge that your failure to do so may subject you to civil or criminal liability.

 

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, by (a) accessing data not intended for such user or logging onto a server which the user is 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) accessing or using the Website or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

 

You are prohibited from using the Website:

• In any way that violates any applicable federal, state, local or international law or regulation;
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability;
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website;
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the materials on the Website;
• Use any manual process to monitor or copy any of the materials on the Website or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Website; or
• Otherwise attempt to interfere with the proper working of the Website.

 

Website Access on Mobile Devices

You may have the ability to browse this Website from a mobile device. To the extent you access the Website through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, using the Website may be prohibited or restricted by your carrier, and the Website may not work with all carriers or devices.

 

Termination

Apnimed, in its sole discretion, may suspend or terminate your access to the Website. Any unauthorized use or violation of the Terms of Use automatically terminates the license granted by Apnimed to access and use the Website and any content thereon, and Apnimed may block your access to the Website or block your IP address. If you are blocked by Apnimed from accessing the Website (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

 

Apnimed reserves the right to terminate your access to the Website for even suspected unauthorized use or violation of the Terms of Use, and any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Website may be referred to appropriate law enforcement authorities. Apnimed may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of these Terms of Use may be effected without prior notice. Further, you agree that Apnimed will not be liable to you or any third party for any termination of your access to the Website.

 

Independent Arbitration Agreement

In consideration of and as a condition of your use of the Website you and Apnimed (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):

 

Pre-Arbitration Dispute Resolution

Apnimed is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to your satisfaction by emailing us at [contact@apnimed.com].

 

If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Apnimed should be sent to 39 John F. Kennedy St., 4th Floor, Cambridge, MA 02138 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the parties do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Apnimed may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Apnimed or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Apnimed is entitled.

 

Applicability; Exclusions; Court and Jury Trial Waiver

The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute, except that you may assert individual claims in small claims court, if your claims qualify. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims: arising out of or relating to these Terms of Use; relating to the relationship between the parties; arising under the California Consumer Privacy Act (“CCPA”) or any other state, federal, or international law(s) of similar import, and all other claims or disputes under federal, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).

 

The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Terms but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against Apnimed but also against any and all of its affiliates, subsidiaries, and parents collectively and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Use, you and Apnimed are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

 

Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding

Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https://www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of these Terms. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.

 

Selection and Authority of Arbitrator; Full Remedies Available; Enforceability

Unless the parties agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of the Terms’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Terms. The arbitrator shall have the authority to apply any federal, state, local, or municipal law, or executive order, or any common law that the Arbitrator deems applicable to the covered dispute. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. If there are any ambiguities in these Terms, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.

 

Class and Collective Action Waiver; No Consolidated or Joint Actions

The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.

 

The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim (s), except that you may pursue a claim for and the arbitrator may award public injunctive relief under applicable law to the extent required for the enforceability of this provision.

 

Fees, Award

The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, Apnimed will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, Apnimed shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.

 

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection above titled “Class and Collective Action Waiver; No Consolidated or Joint Actions” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled “Class and Collective Action Waiver; No Consolidated or Joint Actions” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Use will continue to apply.

 

Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Use to the contrary, Apnimed agrees that if it makes any future change to this Arbitration Agreement [(other than a change to the Notice Address)] while you are a user of the Website, you may reject any such change by sending Apnimed written notice within thirty (30) calendar days of the change to the Notice Address provided. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

 

Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

 

Indemnification

To the extent permitted under applicable law, you agree to indemnify, defend and hold harmless Apnimed, its officers, directors, employees, agents, suppliers and third-party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use, your use of the Website or its content, and/or from our termination of your access to or use of the Website. Such termination will not affect either party’s rights or obligations, which accrued before the termination. Apnimed will provide notice to you of any such claim, suit, or proceeding. Apnimed reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Apnimed’s defense of such matter. You may not settle or compromise any claim against Apnimed without Apnimed’s written consent.

 

Privacy

Apnimed respects the privacy of our Website users. Please refer to Apnimed’s Privacy Policy at https://apnimed.com/privacy-policy/, which explains users’ rights and responsibilities with respect to information that is disclosed on this Website. By using the Website, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

 

Third-Party Websites and Links

This Website may contain links or references to other websites maintained by third parties over whom Apnimed has no control. Such links are provided merely as a convenience, and your access and use of those third-party websites may also be subject to additional terms and conditions, privacy policies, or other agreements with such third parties Similarly, this Website may be accessed from third-party links over whom Apnimed has no control. Apnimed makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third-party link does not imply an endorsement or recommendation by Apnimed.

 

Non-Confidential Information

Except for any personally identifiable information we may collect from you, which is subject to our Privacy Policy, any communication or other material that you send to us through the Internet or by electronic mail or otherwise, such as any ideas, feedback, questions, comments, suggestions, data or the like (“Communications”), is and will be deemed to be non-confidential and non-proprietary. Apnimed shall have no obligation of any kind with respect to such Communications. Furthermore, you give up all intellectual property rights, including any moral, publicity and privacy rights you have in any Communication. By submitting the Communication to Apnimed, you agree Apnimed is free to use such Communication, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form, including but not limited to, developing, manufacturing and marketing products. Apnimed and its designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the Communication and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

 

Usage Data

You hereby authorize Apnimed and our third-party service providers to collect and analyze data and information relating to the Website and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). Apnimed and its affiliates may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

 

Trademarks

All product and service names, the Apnimed company name and any affiliates’ names, whether or not appearing in large print or with the trademark symbol, are trademarks of Apnimed, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. Your use or misuse of these trademarks or any other content or materials on the Website, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. All goodwill generated from the use of Apnimed’s trademarks will inure to our exclusive benefit. Please be advised that Apnimed may enforce its intellectual property rights to the fullest extent of the law.

 

Copyrights

The entire contents of this Website are subject to copyright protection as indicated by the copyright notice on the Website. These contents may not be copied other than for noncommercial individual personal reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Apnimed. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of Apnimed, or any third party.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

APNIMED MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR CONTENT ON THE WEBSITE FOR ANY PURPOSE. BY YOUR ACCESS TO AND USE OF THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE WEBSITE AND CONTENT AT YOUR OWN RISK. THE WEBSITE IS PROVIDED BY APNIMED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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 NON-INFRINGEMENT. APNIMED DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIAL, CONTENT, TEXT, GRAPHICS, EMAIL RESPONSES, LINKS AND OTHER ITEMS CONTAINED ON THE WEBSITE. APNIMED DOES NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. APNIMED DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR MESSAGES SENT FROM APNIMED OR THE WEBSITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APNIMED OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE ACCESS TO AND/OR USE OF THE WEBSITE, OR ITS CONTENT OR PRODUCTS OR ANY MATERIAL, THIRD-PARTY MATERIAL, PRODUCT, SERVICE OR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANY OTHER MATTER RELATING TO THE SERVICE.

 

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, CONTENT, INFORMATION CONTAINED WITHIN THE WEBSITE, ANY LINKED WEBSITE, OR ANY PRODUCTS IS TO STOP USING THE WEBSITE AND/OR THOSE PRODUCTS. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THE WEBSITE AND ANY PRODUCTS IS TEN DOLLARS ($10.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

 

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS A RESULT, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED
“INDEMNIFICATION” AND “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

 

Any claims arising in connection with your use of the Website or any products must be brought within one (1) year of the date of the event giving rise to such action occurred.

 

Void Where Prohibited

Although the information on this Website is accessible to users outside of the U.S., the information herein is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S.

 

Governing Laws

This Terms of Use and your use of the Website shall be governed by the laws of the United States of America and the Commonwealth of Massachusetts without regard to its conflict of laws principles. With respect to any disputes or claims not subject to arbitration, as set forth above, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts.

 

U.S. Government Restricted Rights

The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Website or the content thereon by the government constitutes acknowledgment of our proprietary rights in the Website and the content.

 

Miscellaneous

These Terms of Use (together with the terms incorporated by reference herein) constitute the entire agreement between you and Apnimed governing your access and use of the Website, and supersede any prior agreements between you and Apnimed with respect to the Website. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, then you and Apnimed nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. Apnimed reserves the right to alter or delete materials from this Website at any time at its discretion. No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any right. You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Website and any Website-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions. We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right block your access to the Website and/or block IP addresses.

 

A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Use without the prior written consent of Apnimed, but Apnimed may assign or transfer these Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. As used in these Terms of Use, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Website may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Website. Apnimed will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Apnimed’s reasonable control.

 

How to Contact Us

If you have any questions, comments or notices regarding these Terms of Use, please contact us at:

 

Apnimed
39 John F. Kennedy St., 4th Floor
Cambridge, MA 02138
1-877-APNIMED (1-877-276-4633)
contact@apnimed.com