Terms and Conditions
Effective Date: January 01, 2021
Use of Website
Changes to Terms
Apnimed does not practice medicine, render medical advice, or dispense medical services via this Website, and nothing contained in this Website is intended to be instruction for medical diagnosis or treatment. This Website may contain general information relating to various medical conditions and their treatment. Any information provided should not be considered complete, nor should it be relied on to suggest a basis for diagnosis or course of treatment for a particular individual. Such information is provided for informational purposes only and is not meant to be a substitute for a visit, call or consultation with, or the advice provided by a doctor or other qualified health care professional. Information received from this Website should not be relied upon for medical decisions. SHOULD YOU HAVE A MEDICAL CONDITION, SEE YOUR OWN MEDICAL DOCTOR OR HEALTH CARE PROVIDER. PATIENTS SHOULD ALWAYS CONSULT WITH A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL FOR HEALTHCARE RELATED QUESTIONS, MEDICAL ADVICE OR INFORMATION ABOUT DIAGNOSIS AND TREATMENT.
This Website may contain information on pharmaceutical and medical device products. These products may be available upon prescription from a medical doctor or qualified medical professional only, 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 adverse effects) by discussing the appropriate use of any medicine(s) or medical devices directly with your prescribing physician. Information on these 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.
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 Website 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 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
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”):
Applicability; Exclusions; Court and Jury Trial Waiver
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.
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
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. 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 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.
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. 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.
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. Please be advised that Apnimed may enforce its intellectual property rights to the fullest extent of the law.
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 WEBSITEOR 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 SHALL NOT 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 OR CONSEQUENTIAL DAMAGES.
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.
How to Contact Us
20 Holyoke Street
Cambridge, MA 02138