PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE.

These Terms of Use will govern your access and use of this Website and/​or Mobile App (collectively referred to as the ​“Site”) and the services provided on the website (the ​“Services”). The Site is operated by Somnos, Inc. (“Somnos”). These Terms of Use constitute a legal agreement between you (the individual using the Site or ​“you”) and Somnos regarding your use of the Site.

By browsing, downloading, or otherwise accessing and using the Site, you represent that you have read, understand, and agree to be bound by these Terms of Use whether you have read them or not, and each as updated from time to time. If you do not agree to these Terms of Use, do not access, or use this Site. Please print a copy of these Terms of Use for your records. Your access to and use of the Site is subject to your continued compliance with these Terms of Use and all applicable laws. 

Note that these Terms of Use contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes relating to the operation or use of the Site. However, these Terms of Use (including the arbitration and class action waiver provision) do not apply to disputes arising out of health care you receive as a Somnos patient, even if that dispute involves Services hereunder.

Somnos may modify these Terms of Use at any time and without notice to you. 

MEDICAL DISCLAIMER

In case of a medical emergency, please call 911, the Site is not designed to facilitate medical emergencies. 

PURPOSE

The information contained in the Site is provided as a public service by Somnos. It is posted for informational and educational purposes only. No information on the Site should be used as personal medical advice, diagnosis, or treatment. Because each person’s health needs are different, a health care provider should be consulted before acting on any information provided in the Site. Although every effort is made to ensure that this material is accurate and up to date, it is provided for the convenience of the user and should not be considered definitive, nor should any content be construed as provision of nursing or professional health care advice. To schedule an appointment with a Somnos Provider, please call 1 – 888-SomnosNow.

PROHIBITED ACTIVITIES

You may not transmit any information or message that contains unlawful, threatening, fraudulent, libelous, defamatory, obscene, or abusive information or language. The Site may not be used for any illegal or unethical activities. You may not transmit spam, copyrighted materials, or other confidential information. Hacking, attempted access or other forms of inappropriate use or access or attempted access to unauthorized areas or information on the Site will lead to termination of use and potential legal prosecution.

CODE OF CONDUCT

Somnos invites comments on the Site because it believes that open conversation must occur to shape the future of medicine and improve peoples’ lives. Somnos encourages open, honest, and authentic conversation. Please use your real name and email address. Somnos does not typically share individual user information with third parties; however, it will disclose user information as required by law or in circumstances where Somnos believes the comments indicate a situation that could be illegal, harmful, or dangerous to people or property. In addition, without limitation, you will not directly or indirectly, do any of the following while using or accessing the Site: (i) engage in any harassing, threatening, or intimidating, predatory, or stalking conduct; (ii) use or attempt to use another user’s account without authorization from that user and Somnos; (iii) copy, reproduce, sell, rent, lease, distribute, transfer, modify, or make derivative works from the Services; (iv) remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained on the Site; (v) decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the Services; (vi) use the Services in any manner that could interfere in any way with the operation of the Services or any server, network or system associated with the Services, including by: hacking, mail-bombing, flooding, overloading, or making ​“denial of service” attacks, probing, scanning or testing the vulnerability of the Services or any server, network or system associated with the Services, breaching or circumventing firewall, encryption, security or authentication routines, accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access; (vii) use any automated program, tool or process (including web crawlers, robots, bots, spiders, and automated scripts) to access the Services or any server, network or system associated with the Services, or to extract, collect, harvest or gather information from the Services; (viii) frame or otherwise create a browser or border environment around any page or content of the Services, or deep-link to any internal page or area of the Services; (ix) make any other use of the Services or Site that violates these Terms of use or any applicable law.

USE OF DATA

Somnos uses cookies (and similar technologies) on the Site to facilitate and improve your digital experience. Cookies are small pieces of information that are stored to your device when you visit Somnos’s Site. Data collected during use of the mobile application is stored within the application. The data collected either through cookies and/​or the mobile application includes but is not limited to logging information regarding the characteristics or usage of your device, system and application software, user location data, your preferences and search queries. Collecting this data also enables us to better support the product and optimize personalized content, Cookies may also be used to make advertising messages more relevant to you. Please note that by blocking or deleting cookies used on the Site, you may not be able to take full advantage of the Site. Somnos’s use of data is subject to the Somnos Digital Privacy Policy

USING AND SHARING YOUR INFORMATION

The Site may collect phone numbers, email addresses and postal mail addresses so that Somnos can supply requested and relevant information back to you. Somnos’s use of your information is subject to Somnos’s Digital Privacy Policy. Somnos respects your privacy. By accessing or using the Site you acknowledge that your information, including personally identifiable information, will be processed in accordance with Somnos’s Digital Privacy Policy.

CHILDREN

The Site is only for use by individuals 13 years of age or older. Somnos does not knowingly or intentionally collect personal information from children under age 12. By using the Site and agreeing to these Terms of Use, you warrant and represent that you are at least 13 years of age.

CONSENT TO ELECTRONIC COMMUNICATION 

You consent to receive communications from Somnos, whether required by law or otherwise, either by email if you have provided Somnos with your email address, or by notice posted on the Site as determined by Somnos in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. Somnos is not responsible for any automatic filtering you or your network provider may apply to communications Somnos sends to an email address that you provide to Somnos. You may opt-out of any electronic communication received from Somnos by following the ​“Unsubscribe” button in the electronic communication.

MOBILE MESSAGING TERMS

When you provide us with your mobile telephone number, you agree that Somnos may send you text messages (including SMS and MMS) to that mobile telephone number. Somnos may send you up to five text messages per month. When you first provide your mobile telephone number to us, you will receive a confirmation text message and you may need to reply as instructed to complete registration. Somnos will never charge you for the test messages you receive, however you may see message and data rate charges from your mobile provider, though, so be sure to check your plan. You are responsible for the payment to your mobile provider of any message, data and other charges related to text messages, including for confirmation texts you receive and your responses thereto. You may opt-out of receiving any future text messages from Somnos at any time by either replying to a text message with the keyword ​“STOP” or texting the keyword ​“STOP” to 67497. If you opt-out you agree to receive a final text message confirming your opt-out. When you opt-out of text messaging, you will no longer receive any texts messages unless you re-subscribe. In addition, for assistance, you may reply to any text message with the keyword ​“Help” or at any time send a text message with the keyword HELP to 67497. Texts may be sent through an automatic telephone dialing system. Consent to receive mobile messages is not required as a condition to using the Site. You agree to notify us of any changes to your mobile telephone number by notifying us at 1 – 855-2MYCHART or updating your information with your Provider. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

THIRD PARTY LINKS AND THIRD-PARTY SERVICES

The Site may offer links to related web sites not managed, owned, or operated by Somnos (“Third Party Links”). These Third-Party Links are for informational purposes only. Somnos does not endorse and has not verified the accuracy of the information in/​on these Third-Party Links, and you should not rely on any of the information found on the Third-Party Links s for purposes of treatment or diagnosis. Somnos expressly disclaims responsibility and liability for, Third Party Links including with respect to the content, products and services provided by the Third-Party Links. Any interactions you have with the Third-Party Links are between you and the operator or owner of such Third-Party Links. You may choose to use other services provided by third parties in conjunction with your use of the Site (“Third Party Services”). Such services may include, but are not limited to, translation services, location services, and other third-party offerings. Any links to such services are provided for your convenience only. Somnos does not have control over the contents of Third-Party Services, and Somnos does not accept any responsibility for them or for any loss or damage that may arise from your use of them. Such Third-Party Services may require you to submit your information to a third party, which may result in a copy of your information being used and/​or stored by a third party. If you decide to access any such services in conjunction with your use of the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Services.

COPYRIGHTS AND TRADEMARKS

The Somnos name, logo, and all related identifying trademarks and/​or service marks displayed on the Site are protected by U.S. copyright laws and use of such names, logos and identifying trademarks and service marks are strictly prohibited. All rights reserved. This material may not be reproduced, displayed, modified or distributed without the express prior written permission of the copyright holder.

DISCLAIMER

The SITE AND ALL CONTENT OF THE SITE ARE PROVIDED TO YOU ​“AS IS” AND ​“AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. WITH RESPECT TO THE SERVICES AND THE SITE; WITHOUT LIMITING THE GENERATLITY OF THE FOREGOING, SOMNOS DOES NOT WARRANT THAT THE SERVICES AND SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THE SERVICES AND SITE WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY INFORMATION PROVIDED ON THE SITE WILL BE CURRENT OR ACCURATE; OR THAT A PRTICULAR PRODUCT, SERVICE, OR PROVIDER YOU SEE ON THE SITE WILL BE AVAILABLE TO YOU; AND YOU HAVE NOT RELIED ON ANY SUCH WARRANTY OF ANY KIND. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. But, to the extent permitted by law, Somnos excludes all warranties.

LIMITATION OF LIABILITY

Your use of the Site is at your own risk. In no event shall Somnos or any of its affiliates or any of its or their respective officers, directors, employees, agents, representatives, advisors, and consultants (collectively ​“Somnos Parties”) be liable to you (whether under contract, tort, negligence, strict liability, warranty or any other legal or equitable theory) for any direct, indirect, incidental, consequential, special, exemplary, speculative, punitive or other monetary damages, fees, fines and penalties, or liabilities (including without limitation, loss of use, data or information of any kind) in any way arising from or related to the operation, or your use of the Site, the Services, or your use of materials posted on the Site.

To the fullest extent permitted by applicable law, you understand and agree that the Somnos’s maximum aggregate liability for any type of damages in any way arising out of or related to the operation, or your use, of the Services or the Site shall be limited to (i) the total fees paid by you to access or use the Services during the three (3) months preceding the event giving rise to the liability or (ii) if not fees are payable by you for such period, one hundred U.S. dollars.

You further agree that the limitations of liability set forth above will survive any termination or expiration of these Terms of Use and will apply even if any limited remedy specified herein is found to have failed its essential purpose. Applicable law may not allow the limitation or exclusion of liability or certain measures of damages. Accordingly, the exclusions and limitations set forth above may not apply in their entirety to you. You agree, however, that the Somnos Parties’ liability, and recoverable damages, will be limited to the maximum extent permitted by law.

You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms of Use that limit liability, are essential terms and that Somnos would not be willing to grant you the rights set forth in these Terms of Use but for your agreement to the above limitations of liability.

RELEASE FOR USE OF THE SITE

To the fullest extent permitted by applicable law, you release Somnos and the other Somnos Parties from responsibility, liability, claims, demands, and/​or damages of every kind and nature, in any way arising out of or related to the operation, or your use, of the Site that in any way arise out of or related to the acts or omissions of third parties (“Third Party Disputes”). If you are a California resident, you hereby waive any rights you may have arising out of these Terms of Use under California Civil Code Section 1542, which says ​“A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.” You also waive any rights you may have with respect to Third Party Disputes under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

INDEMNITY

By using the Site, you agree to indemnify, defend, and hold Somnos, Somnos Parties, and all their trustees, officers, employees, agents, predecessors, successors, assigns, attorneys and representatives, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, due to or arising out of your use and/​or breach of these Terms of Use, and your violation of any third party right, including any intellectual property right, publicity, confidentiality, property or privacy right. Somnos reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will cooperate with Somnos in asserting any available defenses.

DISPUTE RESOLUTION

Please read the following sections carefully because they require you to arbitrate certain disputes, claims, suits, actions, causes of actions, demands or proceedings against any Somnos Parties that in any way arise out of or relate to the operation, or your use of the Site (except for disputes that arise from the provision of health care services) (“Disputes”) and limit the manner in which you can seek relief from Somnos Parties in such Disputes. For the avoidance of doubt, ​“Disputes” under this section does not include disputes, claims, suits, actions, causes of action, demands or proceedings that arise out of the actual provision of health care by a Provider, even if the Dispute involves Services. 

(a) Waiver of Right to Pursue Class Actions Claims. You and Somnos agree that each may bring claims or otherwise resolve Disputes against the other party only on an individual basis, and waive any right to pursue any claims as a plaintiff of class member in any purported class or representative action or proceeding. Further, you and Somnos agree that a Dispute will not be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of you or any other individual or group of individuals.

(b) Limitation on Time to Bring an Action. You and Somnos agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after such claim or cause of action arose, and that thereafter such claim or cause of action will be forever barred.

(c ) Agreement to Arbitrate Claims; Waiver of Jury Trial. By agreeing to these Terms of Use, both you and Somnos are waiving the right to a jury trial on certain Disputes that may arise.

Except for Disputes (i) arising out of or related to a violation of Appropriate Use of the Services (“Appropriate Use Dispute”); (ii) in which either party seeks to bring an individual action in small claims court and that qualifies to be filed in small claims court (“Small Claims Dispute”); or (iii) in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including copyrights, trademarks, trade names, logos, trade secrets or patents (“IP Injunctive Dispute”) you and Somnos agree to arbitrate all Disputes between you and Somnos. If a Dispute arises between you and Somnos relating to the Site or these Terms of Use, you and Somnos agree that the Dispute shall be resolved by final and binding arbitration administered by JAMS (https://​jam​sadr​.com/) in accordance with this Agreement and the JAMS Streamlined Arbitration Rules and Procedures (the ​“JAMS Streamlined Arbitration Rules”) in effect on the date the arbitration is filed and will be governed by the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the ​“JAMS Minimum Consumer Standards”). The arbitration will be commenced as an individual arbitration and will in no event be commenced as a class arbitration. This Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

You and Somnos agree that each party will notify the other party in writing of any arbitrable or Small Claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good Highland Parkway, Suite 800, Downers Grove, IL 60515. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your MyChart account and, if different, an email address in which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and © the specific relief that you are seeking. Somnos’s notice to you will be sent to the email address on file for you with a copy by certified or registered mail to the address on fil for you and will include (x) Somnos’s name, postal address, telephone number and an email address at which Somnos can be contracted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that Somnos is seeking. If you and Somnos cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the receiving party, then either you or Somnos may, as appropriate and in accordance with this section, commence an arbitration proceeding or, solely in the case of an Appropriate Use Dispute, Small Claims Dispute or IP Injunctive Dispute, file such action in court.

You and Somnos agree to the following rules relating to any arbitration proceeding:

The venue for all Disputes arising under these Terms of Use (including both arbitrated Disputes and court action in any Appropriate Use Dispute, Small Claims Dispute, or IP Injunctive Dispute) shall be in Kent County, Delaware, but you and Somnos may agree to conduct the arbitration by telephone, online and/​or solely based on written submissions. You hereby waive any right to claim that such location is an inconvenient forum and covenant not to sue Somnos in any other forum.

The arbitrator will have the power to grant whatever relief would be available in court under law or in equity (including attorney’s fees) and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator also does not have the power to vary the class action waiver provisions.

These Terms of Use affect interstate commerce and the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the ​“FAA”), to the maximum extent permitted by applicable law.

Any judgment on the award rendered by the arbitrator shall be entered solely and exclusively by state courts located in Kent County, Delaware, or the U.S. District Court for Dover, Delaware if jurisdiction in federal court is otherwise proper, and each party hereby irrevocably consents to the jurisdiction of the state courts located in Dover, Delaware, or the U.S. District Court for the Dover, Delaware. The parties’ selection of a judicial forum does not override the parties’ obligation to arbitrate as prescribed in this agreement, and a party is entitled to move to compel arbitration of any dispute subject to arbitration under this agreement.

All arbitration proceedings will be confidential and all records relating thereto will be permanently sealed to the fullest extent possible under applicable law.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Somnos will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you.

If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in this section are severable form the other provisions of these Terms of use and will remain valid and enforceable, except as prohibited by applicable law.(d) Governing Law. This agreement shall be construed in accordance with the laws of the State of Delaware, exclusive of any choice of law or conflict of law provision. In any claim or dispute relating to the Site or any use or reliance on the Site for which state law provides the rule of decision, the parties agree that the laws of the State of Delaware shall govern, exclusive of any choice of law or conflict of law. Provided, however, that the Federal Arbitration Act (FAA) governs the interpretation and enforcement of all binding arbitration proceedings under this Agreement.

INTERNATIONAL USERS

If you are located outside of the United States and access the Site or submit your personal information to Somnos, U.S. law may not offer the same privacy protections as the law of your jurisdiction. If you visit Somnos’s Site or contact Somnos from outside the United States, please be advised that (i) any information you provide to Somnos or that Somnos automatically collects will be transferred to the United States; and (ii) that by using the Site or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States in accordance with Somnos’s Digital Privacy Policy.