SleepTest, LLC. Patient Terms of Service:

SleepTest, LLC (“SleepTest”, “We”, “Us”, or “Our”) provides direct-to-patient in-home sleep testing for individuals suffering from sleep disorders (“User(s)”, “You” or “Your”) diagnosed by licensed professionals. A Sleep Study consists of, and includes, a 2-night, in-home sleep test (the “Testing”) utilizing a device which SleepTest will supply (the “Testing Device”). The data recovered by the Testing will be provided to an independent licensed medical physician (“Physician(s)”) for interpretation and diagnosis (the “Interpretation”, and together with the Testing, a “Sleep Study(ies)”).

These Terms of Service (the “Terms” or “Agreement”) govern the terms and conditions of the Testing that You have requested from SleepTest and that SleepTest will perform. SleepTest has certain rights to an online software application through which You and Your Physicians are able to access information concerning You and Your Sleep Study (the “Patient Portal”). These Terms shall also govern Your use of the Patient Portal and any other media form, media channel, website, software, or any other application owned, operated, or made available by SleepTest.

These Terms constitute a legally binding agreement made between You, on the one hand, and SleepTest, on the other. You hereby acknowledge and agree that by checking “I Agree” when prompted by SleepTest with respect to Your agreement to these Terms, that You are representing to SleepTest that You have read, understood, and agree to be bound by all of these Terms, and have authorized SleepTest to proceed with the Testing and to transmit the data obtained from the Testing to a Physician for Interpretation. If You do not agree with all of these Terms, then You are expressly prohibited from using the Patient Portal and You must discontinue Your use of the Patient Portal immediately.

YOU ACKNOWLEDGE THAT SLEEPTEST IS NOT, AND DOES NOT CLAIM TO BE, A LICENSED MEDICAL PROVIDER. SLEEPTEST DOES NOT EMPLOY PHYSICIANS. SLEEPTEST IS A SERVICE PROVIDER ACTING AT THE DIRECTION OF YOU AND YOUR PHYSICIAN. NOTHING IN THESE TERMS, THE SLEEPTEST WEBSITE, OR THE ADMINISTRATION OF A SLEEP STUDY IS INTENDED TO CONSTITUTE MEDICAL TREATMENT, DIAGNOSIS OR ADVICE. WHILE YOU MAY RECEIVE A DIAGNOSIS AND/OR LETTER OF MEDICAL NECESSITY AS PART OF YOUR SLEEP STUDY, THOSE OPINIONS ARE RENDERED BY AN INDEPENDENT BOARD-CERTIFIED SLEEP MEDICAL PHYSICIAN, NOT SLEEPTEST. IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU SHOULD REFRAIN FROM PARTICIPATING IN THE TESTING AND THE SLEEP STUDY, AND YOU MUST INFORM SLEEPTEST IMMEDIATELY.

New, amended, or supplemental terms and conditions may be promulgated by SleepTest from time to time. SleepTest reserves the right, in its sole discretion, to make changes or modifications to these Terms at any time and for any reason. SleepTest will alert You electronically to any changes of the new, amended, or supplemental Terms by sending You notice via text message, e-mail, messages in Your SleepTest Patient Portal, or by posting them on the SleepTest website. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any amended, revised, or new Terms by Your continued participation in a Sleep Study after the date such revised Terms are posted.

The information provided for and from the Sleep Study is not intended for distribution to or use by any person or entity other than You, the licensed professional that referred You for the Sleep Study (“Health Care Professional(s)”, and collectively with Physician(s), “Provider(s)”), the sleep specialists You may meet with before and/or after Testing, and/or the Physicians that will perform the Interpretation. You acknowledge and agree that SleepTest will be collecting and storing information about You, Your Testing, Your Sleep Study, and Your Providers (collectively, the “Study Information”). As is set forth in more detail below, You authorize SleepTest to share any information about You, including any Study Information, whether or not provided by You, with the Providers. Study Information is not intended for distribution to any Provider that is not properly licensed, and/or in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Us to any regulation requirement(s) within such jurisdiction or country. Accordingly, those persons who choose to participate in Testing are solely responsible to ensure that the Providers are properly licensed and in compliance with all Applicable Laws (as defined herein).

1. YOUR SLEEP STUDY.

TeleMedicine Appointment.

Before You start Testing, You may be scheduled for and participate in a telemedicine visit with a sleep specialist, which may include a physician, a physician’s assistant, or nurse practitioner. SleepTest may assist You in scheduling the telemedicine appointment, however, SleepTest is separate and independent from the sleep specialist conducting the telemedicine visit. You acknowledge and understand that should You participate in a telemedicine visit, You will be charged separately by the sleep specialist, pursuant to that sleep specialist’s own billing practices, procedures, and policies.

Transmission of SleepTest Device.

SleepTest will send You a Testing Device to the address that You have provided to SleepTest. Upon receipt of the Testing Device, You agree to immediately complete the Testing and return the Testing Device to SleepTest within five (5) days of receiving it. SleepTest may, but is not obligated to, provide You with a prepaid shipping label for returning the Testing Device. In the event that a shipping label is provided by SleepTest, You agree to return the Testing Device by utilizing that shipping label. If You lose or break the Testing Device, You will be charged for the full retail replacement value, as set forth in more detail below, which You hereby agree to pay.

Study Information.

Your Testing Device will capture Study Information, which will be downloaded and transmitted by SleepTest to a Board-Certified Sleep Physician after it receives the Testing Device. You acknowledge and agree that SleepTest is authorized to provide the Study Information and any User Data to Your Providers or Your designated health insurance carrier (“Insurer”). You further acknowledge and agree that SleepTest makes no representation or warranty with respect to the Study Information. The Study Information is solely for use by Your Providers, and in the case of a Physician, the Study Information is utilized to prepare an Interpretation, and if appropriate, a letter of medical necessity (“LMN”). While You will receive a diagnosis and LMN based upon the Study Information, the raw data consisting of the Study Information itself will not be sent or made available to You. An Interpretation is prepared by a Physician, not SleepTest. SleepTest may arrange for an Interpretation, by making Your Study Information available to a Physician via the Patient Portal. SleepTest may pay the Physician, on Your behalf, to provide an Interpretation. Any payment made by SleepTest to a Physician for an Interpretation, if applicable, shall be part of and included with your Sleep Study Fee.

You acknowledge and agree that in the event You request, and SleepTest agrees, in its sole discretion, to provide You or any other individual, business, or organization (“Person(s)”) designated by You, with the Study Information, the Study Information will only be provided in compliance with Applicable Law (as defined below), including, but not limited to, the requirements that You make a formal request to SleepTest to release Your medical documentation via the Patient Portal or by emailing Customer Support at info@SleepTest.com. In order for SleepTest to provide Your medical documentation to anyone other than You, You will complete and submit a Medical Release Form that can be obtained by requesting the form via the Patient Portal or by emailing Customer Support at info@SleepTest.com.

Sleep Study Fees.

YOU SHALL NOT BE OBLIGATED TO PAY FOR YOUR SLEEP STUDY AND/OR TELEMEDICINE VISITS UNTIL SLEEPTEST HAS PRESENTED YOU WITH YOUR FEES VIA THE PATIENT PORTAL AND YOU SELECT A PREFERRED PAYMENT METHOD (AS DEFINED BELOW).

A. Payment Without Insurance.

You have the option to pay for Your Sleep Study with or without health insurance. If You choose to pay for Your Sleep Study without involving Your Insurer, SleepTest shall charge, and You hereby agree to pay, the fees for its services as identified on the SleepTest website at https://sleeptest.com/order-sleeptest/ (“Sleep Study Fee(s)”). All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for taxes, duties, levies and other governmental charges (including sale and use taxes,) that are imposed by a governmental authority, federal, state, or local (“Taxes”) with respect to the transactions contemplated by this Agreement; provided that SleepTest shall at all times be responsible for Taxes based on SleepTest’s income or property, and for payroll and other employment-related taxes assessed in connection with SleepTest’s personnel.

In order to pay the Sleep Study Fees, You will be required to provide account information for a valid payment method as offered and authorized by SleepTest (“Payment Method”). You hereby authorize SleepTest to process Sleep Study Fees via the Payment Method, to store information concerning the Payment Method, and to charge Your Payment Method for any purpose authorized under these Terms or to otherwise compensate SleepTest for Your failure to abide by these Terms.

You further authorize SleepTest to verify that the Payment Method identified by You is valid by, among other things, verifying Your identity or the Payment Method with financial institutions, or initiating charges for the sole purpose of verifying that the charges are properly authorized and funded (“Verification”). If SleepTest is unable to verify a Payment Method, You will not be permitted to continue with Your Sleep Study.

By providing Payment Method information to SleepTest, You represent and warrant that: (i) You are legally authorized to provide such information to Us; (ii) You are legally authorized to perform payments using the Payment Method(s); (iii) such action does not violate the terms and conditions applicable to Your use of such Payment Method(s) or Applicable Law; and (iv) that there are sufficient funds or credit available to complete the payment using the designated Payment Method.

B. Payment With Insurance.

If You have opted to pay for Your Sleep Study with Your health insurance, SleepTest or Your Provider may collect both a Payment Method and information concerning You and Your Insurer (“Insurance Information”). SleepTest may, but is not required to, perform an insurance benefit check for You, to determine whether or not Your health insurance will cover payments for the purposes of a Sleep Study or related services. By providing SleepTest or Your Provider with the Insurance Information, You hereby authorize SleepTest to perform a benefits check, and to transmit the results of the benefits check to Your Provider.

If it is determined that You have insurance coverage for a Sleep Study, SleepTest will refer You to a Physician who will initiate and complete the Sleep Study. You hereby authorize SleepTest to submit an invoice for Testing, a lost Testing Device, or any other amount that You owe to SleepTest pursuant to these Terms (“Testing Fees”) to the Physician. The Physician will be responsible for submitting the Testing Fees, or any other amounts the Physician charges You for the Sleep Study, to Your Insurer. Payment will be made by Your Insurer, directly to the Physician.

C. Re-Testing.

If SleepTest is unable to retrieve Study Information from a Testing Device as a result of Your error in using the Testing Device, as will be determined in the sole and absolute discretion of SleepTest, You may be charged a re-testing fee (“Re-Testing Fee(s)”) in the amount of Ninety Nine Dollars ($99.00), or as otherwise posted on the SleepTest website at https://sleeptest.com/order-sleeptest/. The Re-Testing Fee will be charged to Your Payment Method. If and only if SleepTest determines, in its sole and absolute discretion, that a Testing error was the result of a defective Testing Device, will SleepTest send You a new Testing Device without any additional charge. In the case of a Testing error, SleepTest will only send You a new Testing Device when it has confirmed that You have returned Your current Testing Device.

D. Refunds.

Unless otherwise permitted in these Terms, once SleepTest has processed and shipped Your Testing Device, there will be no refunds, returns, or credits issued for the Testing Fees. You hereby acknowledge and understand that SleepTest incurs costs in enrolling You in a Sleep Study and shipping Your Testing Device, and that even if You do not utilize the Testing Device or opt out of the Sleep Study You have requested, SleepTest still incurs those costs. You hereby agree that the Testing Fees, whether or not You utilize the Testing Device or participate in a Sleep Study, are a fair and reasonable estimate of the damages that SleepTest would incur once a Testing Device has been shipped to You.

E. Loss of a Testing Device.

You agree that if You fail to return the Testing Device to SleepTest within seven (7) business days, You will be charged a late fee of Fifteen Dollars ($15.00) per day. You agree that You are solely responsible for any loss or damage to the Testing Device. In the event that the Testing Device is not returned within fifteen (15) days of arriving at Your confirmed mailing address, or in the event the Testing Device is returned damaged or destroyed, whether or not You have chosen to pay for Your Sleep Study with Your health insurance, You will be responsible for paying SleepTest Two Thousand Five Hundred Dollars ($2,500.00) for the full replacement cost (“Replacement Cost”) of the Testing Device within fifteen (15) days of SleepTest’s demand for the same. You further acknowledge and agree that if SleepTest does not receive full payment of the Sleep Study Fees within said fifteen (15) day period, You will incur an additional late charge of Twenty-Five Dollars ($25.00) per month until full payment for the Sleep Study Fee is received.

2. PATIENT PORTAL.

User Registration.

You will be provided with a unique access link which will permit You admittance to the Patient Portal (“Access Link”). After the Sleep Study has been completed, You will be provided with a unique password (the “Password”) which You will utilize, in combination with the your e-mail address and zip code, to access and download data concerning Your Sleep Study, including but not limited to, Your Testing, Interpretation, LMN, and any relevant prescriptions. You are solely responsible for safeguarding and maintaining the confidentiality of Your Access Link and Password. You authorize SleepTest to assume that any person using the Patient Portal with Your Access Link and/or Password is You. You agree to notify Us immediately if You suspect or become aware of any unauthorized use of Your Access Link or Password.

You authorize SleepTest, directly or through third parties, to make any inquiries We consider necessary to validate or authenticate Your identity or information. This may include asking You for further information and/or documentation about Your usage of the Patient Portal or identity, or requiring You to take steps to confirm Your identity or Your e-mail address. You understand and hereby agree that We may verify Your information against third-party databases or through other sources. This process is for internal verification purposes.

Patient Portal Tools.

The Patient Portal will provide You with the ability to view, transmit, download, and upload information, communications, and documents (the “Tools”). The Tools may or may not be made available to You based upon the permissions granted by SleepTest. The Tools may include, but are not limited to, the ability to access and view information, fees,and reports concerning You, Your Testing, or Your Sleep Study. You will also be able to use the Patient Portal to schedule pre and post Testing telemedicine visits.

Access to the Patient Portal.

You hereby acknowledge and agree that SleepTest has made no representation or warranty with respect to the functionality or availability of the Patient Portal and that all or any portion(s) thereof, including but not limited to the Tools, may be unavailable to You for use either temporarily or permanently without notice. We reserve the right in Our sole discretion, without notice, to suspend Your access to parts of the Patient Portal or to change the content, presentation, performance, or functionality thereof. We reserve the right to monitor, edit, and remove any content available on the Patient Portal, but do not have any obligation to do so.

You further acknowledge and agree that SleepTest may provide Providers with access to the Patient Portal and to any information concerning You or Your account that can be accessed through the Patient Portal.

Should You wish to revoke any of the above access rights, You will need to provide written notice to SleepTest at 30011 Ivy Glenn Dr. #222, Laguna Niguel, CA 92677, or sending an e-mail to info@SleepTest.com. You acknowledge and agree that should You revoke access rights, SleepTest may, in its sole and absolute discretion: (i) suspend or terminate Your use of the Patient Portal; or (ii) suspend or cease providing any of the services rendered pursuant to these Terms.

Grant of License.

Subject to the conditions and restrictions of these Terms, SleepTest hereby grants to User a non-exclusive, nontransferable, royalty-free, right and license (the “License”) to access and use the Patient Portal solely for the Approved Use until such time that SleepTest terminates, suspends, or otherwise restricts Your use of the Patient Portal. “Approved Use” shall mean the conduct, information, or activity of or provided by You in furtherance of a Sleep Study.

Conditions of License.

SleepTest shall retain all right, title and interest, including all intellectual property and other proprietary rights, in and to the Patient Portal, or any parts or components thereof, including all derivative works thereof. You acknowledge that SleepTest owns or licenses various development tools, routines, subroutines and other programs, data and materials provided with or embedded within the Patient Portal that were developed or procured by SleepTest prior to, and independent of, the development of the Patient Portal (collectively, the “Background Technology”). SleepTest retains all right, title and interest, including all intellectual property and other proprietary rights, in the Background Technology. You shall not copy or remove from the Patient Portal, or alter, any of Our trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to the Patient Portal.

Restrictions on License.

You shall not, directly or indirectly: (i) disassemble, decompile, or reverse engineer the Patient Portal or any improvement made thereto, or in any way attempt to discover or reproduce source code thereof; (ii) make the Patient Portal available to any other person or third-party, whether on a time-sharing or service bureau basis, or otherwise attempt to resell to any third-party the right to use the Patient Portal; (iii) create any derivative work of the Patient Portal; or (iv) use the Patient Portal for any illegal or unauthorized purpose, or for any purpose that would violate Applicable Laws (as defined herein), or any proprietary right of a third-party.

Third-Party Applications.

You shall have access, through the Patient Portal, to third-party software, products, applications, or services, and information pertaining to each (“Third-Party Applications”) which may be integrated into, or used in connection with, the Patient Portal. You hereby authorize SleepTest to permit the Third-Party Applications access to the Patient Portal and any content You are permitted to access or view on the Patient Portal. You acknowledge and agree that SleepTest shall have no responsibility or liability arising from: (i) actions or omissions associated with the Third-Party Applications; or (ii) Your use of the Third-Party Applications. You further agree that You shall abide by any and all terms, conditions, policies, and/or procedures that are distributed by the Third-Party Applications, which are incorporated herein by reference.

Master License Agreements.

You hereby acknowledge that SleepTest may have licensed certain aspects of the Patient Portal, including but not limited to the Third-Party Applications, pursuant to a written License Agreement (“Master License Agreement(s)”). SleepTest’s rights and continued use of the Patient Portal is conditioned upon adherence to the terms and conditions of these Master License Agreements. You understand and agree that these Terms may change to reflect any changes in the Master License Agreements, and that You shall be required to adhere to the terms, conditions, and restrictions set forth in the Master License Agreements.

Intellectual Property.

The Patient Portal and all source code, databases, functionality, software, web designs, audio, video, text, photographs and graphics on the Patient Portal (collectively, the “Proprietary Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by SleepTest or licensed to SleepTest, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Proprietary Content and the Marks are provided on the Patient Portal “AS IS” / “WHERE IS” for Your information and personal use only. No part of the Patient Portal and no Proprietary Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without SleepTest’s express prior written permission.

User Content.

You are solely responsible for the information, documents and communications that You upload, post, or transmit via the Patient Portal (“User Content”). You hereby grant SleepTest a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise all copyright and publicity rights with respect to the User Content and to use the same in SleepTest’s sole discretion. You represent and warrant that such User Content is true and accurate, and SleepTest’s use of, or reliance upon any such User Content does not and will not infringe any Applicable Laws or the legal rights of any individual, business, or other organization. SleepTest takes no responsibility and assumes no liability for any User Content. Upon You completing a Sleep Study, any and all User Content shall be retained by SleepTest.

Prohibited Activities.

You may not access or use the Patient Portal for any purpose other than that for which SleepTest makes the Patient Portal available. The Patient Portal may not be used in connection with any commercial endeavors except the Approved Use or those activities that are specifically endorsed or approved by SleepTest in writing. You may not use the Patient Portal in any manner that could damage, disable, overburden, or impair Our servers, the Patient Portal, or otherwise interfere with any other party’s use of the Patient Portal. You may not attempt to gain unauthorized access to any part of the Patient Portal, another user of the Patient Portal, computer systems or networks connected to the Patient Portal, or any other software or application developed and/or published by SleepTest, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Patient Portal.

In connection with using, accessing, or uploading information, documents, or communications to the Patient Portal, You will not: (i) systematically retrieve data or other content from the Patient Portal to create or compile directly or indirectly, a collection, compilation, or database, without written permission from Us; (ii) make any unauthorized use of the Patient Portal, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses; (iii) circumvent, disable, or otherwise interfere with security-related features of the Patient Portal, including features that prevent or restrict the use or copying of any Proprietary Content, or enforce limitations on the use of the Patient Portal and/or the content contained therein; (iv) engage in unauthorized framing of or linking to the Patient Portal; (v) trick, defraud, or mislead SleepTest and other users, especially in any attempt to learn sensitive account information such as user passwords; (vi) make improper use of SleepTest support services or submit false reports of abuse or misconduct; (vii) engage in any automated use of the system, such as using scripts, or using any data mining, robots or similar data gathering and extraction tools; (viii) interfere with, disrupt, or create an undue burden on the Patient Portal or the networks or services connected to the Patient Portal; (ix) attempt to impersonate a patient, another user or person, or use the username or password of another user; (x) use any information obtained from the Patient Portal in order to harass, abuse, or harm another person; (xi) upload or transmit (or attempt to upload or to transmit) viruses, or Trojan horses; (xii) disparage, tarnish, or otherwise harm, in Our opinion, SleepTest, the Patient Portal, a Provider, or another user of the Patient Portal; (xiii) take any action that may undermine Our feedback or ratings systems; (xiv) distribute or post spam, unsolicited or bulk electronic communications; (xv) infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights which do belong to Us or any third-party; (xvi) use the Patient Portal in a manner inconsistent with any applicable federal, state, or local laws or regulations (“Applicable Laws”); and/or (xvii) post, communicate, or transmit any User Content which is inaccurate, misleading, or otherwise violates Applicable Law.

Information And Access Management.

We reserve the right, but not the obligation: (i) to monitor the Patient Portal and the Study Information, including Your User Content, for violations of these Terms; (ii) to remove User Content from the Patient Portal, or suspend Your access to the Patient Portal, if the User Content or Your use of the Patient Portal, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the terms of these Terms; (iii) take appropriate legal action against anyone who, in SleepTest’s sole discretion, violates any Applicable Law or these Terms; (iv) in SleepTest’s sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent that is technologically feasible) any of Your User Content or any portion thereof; and (v) otherwise manage the Patient Portal in a manner designed to protect SleepTest’s rights and property and to facilitate the proper functioning of the Patient Portal.

Patient Portal Modifications/Interruptions.

SleepTest reserves the right to change, modify, or remove the contents that have or presently exist on the Patient Portal at any time or for any reason in Our sole discretion without notice. However, SleepTest has no obligation to update any information on the Patient Portal. SleepTest also reserves the right to modify or discontinue all or part of the Patient Portal without notice at any time. SleepTest will not be liable to You or any third-party for any modification, suspension, or discontinuance of the Patient Portal.

SleepTest cannot guarantee the Patient Portal will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Patient Portal, resulting in interruptions, delays, or errors. You agree that SleepTest shall have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Patient Portal. Nothing in these Terms will be construed to obligate SleepTest to maintain and support the Patient Portal or to supply any corrections, updates, or releases in connection therewith.

3. USER REPRESENTATIONS.

By agreeing to the Terms herein and/or participating in a Sleep Study, You represent and warrant, in addition to Your representations in the remainder of this Agreement, that: (i) You have the legal capacity to enter into this Agreement; (ii) You have read and understand the terms and conditions of this Agreement; (iii) You agree to comply with these Terms; (iv) Your performance of these Terms will not violate any Applicable Laws or any other agreement to which You are a party; (v) You are fully and individually responsible for the Testing Fees, the Re-Testing Fees, and Replacement Cost (if applicable); (vi) the information that You have provided to SleepTest or Your Physician is truthful and accurate; (vii) You will maintain the accuracy of such information and promptly update any information which is or becomes inaccurate immediately as necessary; (viii) Your use of the Patient Portal will not violate any Applicable Laws or any other agreement to which You are a party and You are using the Patient Portal solely for the Approved Use; (ix) You will not use the Patient Portal to defraud or mislead any person or entity or for any other illegal purpose; and (x) You will not access the Patient Portal through automated or non-human means, whether through a bot, script or otherwise.

4. USER INFORMATION.

SleepTest shall not be responsible for any inadvertent or accidental exposure of Your User Content, Your Study Information, and any other information concerning You that is received or collected by SleepTest (“User Data”) arising from or caused by the negligence or misconduct of You, Your Providers, or any other individual, business, or organization that You authorize to upload or view Your User Data. You authorize SleepTest to maintain a copy of all Your User Data after You have completed Your Sleep Study.

User Data that SleepTest receives will be immediately accessible to Your Providers. You are responsible for verifying the accuracy of all Your User Data. SleepTest is not responsible for verifying that Your User Data is accurate or that the information or documents that You provide to SleepTest or Your Providers is truthful and accurate. If You believe that any aspect of Your User Data is inaccurate for any reason, You should immediately contact SleepTest by messaging through the Patient Portal, by calling 800-753-3783, or emailing info@SleepTest.com.

5. COMMUNICATIONS.

By agreeing to the Terms of this Agreement, You acknowledge and agree that SleepTest may contact and communicate with You via phone, email, and text message.

You hereby agree that We may provide You with communications about Your participation in a Sleep Study and/or use of the SleepTest website electronically. Communications can include, but shall not be limited to, written communications, documents, notices, agreements, amendments to agreements, disclaimers, and/or disclosures which are provided in connection with Your participation in a Sleep Study and/or use of the Patient Portal. We will provide these communications to You by posting them on the SleepTest website or by emailing them to You at the primary email address You provide Us. Any electronic communications will be considered to be received by You within twenty-four (24) hours of the time We transmit such an electronic communication to You. Any notice sent to You by postal mail will be considered to be received by You three (3) business days after We send it.

You may withdraw Your consent to receive communications electronically by declining to test via the Patient Portal, writing to 30011 Ivy Glenn Dr. #222, Laguna Niguel, CA 92677, or sending an e-mail to info@SleepTest.com. If You withdraw Your consent to receive communications electronically, We reserve the right to restrict, suspend, or terminate Your participation in a Sleep Study.

It is Your responsibility to keep Your email address, as provided to SleepTest, functional and up to date so that We can communicate with You electronically. You understand and agree that if We send You an electronic communication that You do not receive because Your e-mail address on file is incorrect, blocked, or otherwise not functioning properly, We will be deemed to have properly provided You with the electronic communication as of the day it is sent.

In order to receive electronic communications, You will need: (i) a computer with an Internet connection; (ii) a current web browser; (iii) a valid e-mail address; (iv) sufficient storage space to save the electronic communications; and (v) to disable any applicable spam filters which block or re-route e-mails from senders.

6. NOTICE OF PRIVACY PRACTICES.

Your Study Information shall not be disclosed except as expressly authorized by these Terms. There are situations in which We are permitted or required by law to disclose or use Your medical information without Your written authorization or an opportunity to object. In other situations, We will ask for Your written authorization before using or disclosing any identifiable health information about You. If You choose to sign an authorization to disclose information, You can later revoke that authorization, in writing, to stop future uses and disclosures. However, any revocation will not apply to disclosures or uses already made or taken in reliance on that authorization.

Public Health, Abuse or Neglect, and Health Oversight.

We may disclose Your medical information for public health activities. Public health activities are mandated by federal, state, or local government for the collection of information about disease, vital statistics (like births and deaths), or injury by a public health authority. We may disclose medical information, if authorized by law, to a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition. We may disclose Your medical information to report reactions to medications, problems with products, or to notify people of recalls of products they may be using. We may also disclose medical information to a public agency authorized to receive reports of child abuse or neglect. We may disclose Your medical information to a health oversight agency for those activities authorized by law. Examples of these activities are audits, investigations, licensure applications and inspections which are all government activities undertaken to monitor the health care delivery system and compliance with other laws, such as civil rights laws.

Legal Proceedings and Law Enforcement.

We may disclose Your medical information in the course of judicial or administrative proceedings in response to an order of the court (or the administrative decision-maker) or other appropriate legal process. Certain requirements must be met before the information is disclosed.

If asked by a law enforcement official, We may disclose Your medical information under limited circumstances provided that the information: (i) is released pursuant to legal process, such as a warrant or subpoena; (ii) pertains to a victim of crime and You are incapacitated; (iii) pertains to a person who has died under circumstances that may be related to criminal conduct; (iv) is about a victim of crime and We are unable to obtain the person’s agreement; (v) is released because of a crime that has occurred on these premises; or (vi) is released to locate a fugitive, missing person, or suspect.

We may also release information if We believe the disclosure is necessary to prevent or lessen an imminent threat to the health or safety of a person.

Workers’ Compensation.

We may disclose Your medical information as may be required by Applicable Law.

Inmates.

If You are an inmate or under the custody of law enforcement, We may release Your medical information to the correctional institution or law enforcement official. This release is permitted to allow the institution to provide You with medical care, to protect Your health or the health and safety of others, or for the safety and security of the institution.

Military, National Security and Intelligence Activities, Protection of the President.

We may disclose Your medical information for specialized governmental functions such as separation or discharge from military service, requests as necessary by appropriate military command officers (if You are in the military), authorized national security and intelligence activities, as well as authorized activities for the provision of protective services for the President of the United States, other authorized government officials, or foreign heads of state.

Research, Organ Donation, Coroners, Medical Examiners, and Funeral Directors.

When a research project and its privacy protections have been approved by an Institutional Review Board or privacy board, We may release medical information to researchers for research purposes. We may release medical information to organ procurement organizations for the purpose of facilitating organ, eye, or tissue donation if You are a donor. Also, We may release Your medical information to a coroner or medical examiner to identify a deceased or a cause of death. Further, We may release Your medical information to a funeral director where such a disclosure is necessary for the director to carry out his duties.

Your Rights Under Federal Privacy Regulations.

The United States Department of Health and Human Services created regulations intended to protect patient privacy as required by HIPAA. Those regulations create several privileges that patients may exercise. We will not retaliate against a patient that exercises their HIPAA rights.

Requested Restrictions.

You may request that We restrict or limit how Your protected health information is used or disclosed for treatment, payment, or healthcare operations. We do NOT have to agree to this restriction, but if We do agree, We will comply with Your request except under emergency circumstances.

To request a restriction, submit the following in writing: (i) the information to be restricted; (ii) what kind of restriction You are requesting (i.e., on the use of information, disclosure of information or both); and (iii) to whom the limits apply. Please send the request through the Patient Portal or via email to info@SleepTest.com.

You may also request that We limit disclosure to family members, other relatives, or close personal friends that may or may not be involved in Your care.

Inspection and Copies of Protected Health Information.

You may inspect and/or copy health information that is within the designated record set, which is information that is used to make decisions about Your care. California law requires that requests for copies be made in writing, and We ask that requests for inspection of Your health information also be made in writing.

We can refuse to provide some of the information You ask to inspect or ask to be copied if the information:

Includes psychotherapy notes.

Includes the identity of a person who provided information if it was obtained under a promise of confidentiality.

Is subject to the Clinical Laboratory Improvements Amendments of 1988.

Has been compiled in anticipation of litigation.

Amendment of Medical Information.

You may request an amendment of Your medical information in the designated record set. Any such request must be made in writing to 30011 Ivy Glenn Dr. #222, Laguna Niguel, CA 92677, or sending an e-mail to info@SleepTest.com. We will respond within sixty (60) days of Your request. We may refuse to allow an amendment if the information:

· Was not created by SleepTest or the Physicians at SleepTest.

· Is not part of the Designated Record Set.

· Is not available for inspection because of an appropriate denial.

· Is accurate and complete.

Even if We refuse to allow an amendment, You are permitted to include a patient statement about the information at issue in Your medical record. If We refuse to allow an amendment, We will inform You in writing. If We approve the amendment, We will inform You in writing, allow the amendment to be made and notify others who received the information.

Accounting of Certain Disclosures.

The HIPAA privacy regulations permit You to request, and Us to provide, an accounting of disclosures that are other than for treatment, payment, health care operations, or made via an authorization signed by You or Your representative. Your first accounting of disclosures (within a twelve (12) month period) will be free. For additional requests within that period, We are permitted to charge for the cost of providing the list. If there is a charge, We will notify You and You may choose to withdraw or modify Your request before any costs are incurred.

7. COMPLIANCE.

To the extent required, the services provided by SleepTest under this Agreement will comply in all material respects with all statutes, laws, rules, regulations, policies and/or procedures, or any rules, regulations, policies, and/or procedures of any federal, state, or local department or agency having jurisdiction over the activities, conduct, actions, or representations made by SleepTest or the Providers, including but not limited to regulations promulgated under Title II, Subtitle F of the Health Insurance Portability and Accountability Act (Public Law 104-91) (“HIPAA”) as amended from time to time.

You hereby acknowledge and agree that SleepTest is not a licensed medical professional and makes no representations or warranties regarding any Provider, or their fitness to provide medical diagnosis, advice, or treatment. By agreeing to these Terms or participating in a Sleep Study, You acknowledge and agree that You have confirmed that the Providers have complied, and will comply, with all Applicable Laws and that SleepTest has no responsibility to do so on Your behalf.

8. THIRD PARTY AGREEMENTS.

You hereby acknowledge and understand that SleepTest may have entered into written agreements (“Third-Party Agreement(s)”) with third parties (“Third Party(ies)”) for the purpose of facilitating Testing.

SleepTest licenses a customer relationship management software (the “STCRM”) developed and owned by a Third Party affiliated with SleepTest. The Patient Portal is part of and integrated with the STCRM. SleepTest and Providers utilize the STCRM to transmit Study Information between You, SleepTest, and the Providers. You hereby agree to SleepTest’s use of the STCRM, and specifically, SleepTest’s transmission of Study Information by and through the STCRM. You further agree to abide by any and all terms, conditions, policies, or procedures that are a condition of Your use of the STCRM, which are incorporated by reference as though fully set forth herein.

If SleepTest has been retained to provide the efficacy of devices or services designed to arrest or treat sleep disorders by administering Sleep Studies (“Efficacy Study”), and You are one of the individuals identified by the Third Party requesting the Efficacy Study, You hereby acknowledge and agree that SleepTest may provide information about You or Your Testing, including but not limited to the Study Information, to the Third Party requesting the Efficacy Study.

9. DISCLAIMER.

THE PATIENT PORTAL, AND ALL SLEEP STUDIES AND TESTING, AS MAY BE APPLICABLE, IS PROVIDED ON AN AS-IS, WHERE-IS, AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR PARTICIPATION IN THE TESTING AND SLEEP STUDY WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TESTING AND/OR SLEEP STUDY AND YOUR PARTICIPATION THEREIN, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SLEEPTEST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF: (i) THE TESTING, (ii) THE INFORMATION DERIVED FROM THE TESTING, (iii) THE SLEEP STUDY, (iv) THE INTERPRETATION, OR (v) THE CONTENT LOCATED ON THE SLEEPTEST WEBSITE OR ANY LINKS ON THE SLEEPTEST WEBSITE. THERE MAY BE INFORMATION IN THESE TERMS OR ON THE SLEEPTEST WEBSITE THAT CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS, INCLUDING DESCRIPTIONS, PRICING, AVAILABILITY, AND VARIOUS OTHER INFORMATION. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AND TO CHANGE OR UPDATE THE INFORMATION IN THESE TERMS OR ON THE SLEEPTEST WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.

SLEEPTEST WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (ii) YOUR INABILITY TO ACCESS THE SLEEP STUDY INFORMATION, THE PATIENT PORTAL, OR ANY RELATED DATA OR INFORMATION; (iii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR TESTING, YOUR SLEEP STUDY, OR YOUR USE OF THE PATIENT PORTAL; (iv) ANY UNAUTHORIZED ACCESS TO OR USE OF THE PATIENT PORTAL, YOUR INFORMATION AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR HEALTH INFORMATION STORED THEREON; (v) ANY FAILURE BY YOUR HEALTH CARE PROFESSIONAL(S) OR THE PHYSICIAN(S) PERFORMING INTERPRETATIONS TO OBTAIN THE PROPER LICENSURE; (vi) ANY FAILURE OR REFUSAL BY YOUR HEALTH CARE PROFESSIONAL(S) TO SHARE YOUR INFORMATION AND/OR INTERPRETATION(S) WITH YOU; (vii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SLEEPTEST WEBSITE OR PATIENT PORTAL; (viii) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SLEEPTEST WEBSITE OR PATIENT PORTAL; AND/OR (ix) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PATIENT PORTAL.

10. LIMITATION OF LIABILITY.

IN NO EVENT WILL SLEEPTEST AND/OR SLEEPTEST’S AFFILIATES WHO HAVE DEVELOPED, LICENSED, IMPROVED OR HAVE OTHERWISE ASSISTED US IN THE PROVISION OF TESTING OR A SLEEP STUDY, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR TESTING, YOUR PARTICIPATION IN A SLEEP STUDY, OR YOUR USE OF THE PATIENT PORTAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SLEEPTEST AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE ACTUAL ECONOMIC DAMAGES THAT HAVE BEEN SUSTAINED AS A DIRECT AND PROXIMATE RESULT OF SUCH HARM.

IN ANY CASE, YOU HEREBY AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES THAT WILL BE ASSESSED AGAINST SLEEPTEST FOR ANY ACT OR OMISSION RESULTING IN HARM TO YOU, SHALL BE THE AMOUNT THAT SLEEPTEST HAS RECEIVED, OR IS OWED, BY YOU OR YOUR PHYSICIAN, FOR THE PERFORMANCE OF THE TESTING. YOU ACKNOWLEDGE AND AGREE THAT ESTIMATING ANY DAMAGES THAT MIGHT BE OCCASIONED TO YOU AS A RESULT OF THE CONDUCT OR OMISSION OF SLEEPTEST OR ITS AFFILIATES WOULD BE DIFFICULT TO ASCERTAIN. YOU ACKNOWLEDGE THAT THE LIMITATION SET FORTH HEREIN IS A FAIR AND REASONABLE ESTIMATE OF ANY SUCH DAMAGES.

YOU AGREE THAT IN THE EVENT OF ANY DISPUTE RELATED TO THESE TERMS, A SLEEP STUDY, OR ANY OTHER INTERACTION WITH SLEEPTEST AND/OR ITS AFFILIATES, YOU SHALL NOT BE ENTITLED TO REIMBURSEMENT FOR OR ANY AWARD OF ATTORNEYS’ FEES OR COSTS, EVEN IF YOU PREVAIL.

11. INDEMNIFICATION.

You agree to defend, indemnify, and hold SleepTest harmless, including Our subsidiaries, affiliates, and all of Our directors, officers, agents, partners, and employees from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, in connection with, arising out of or related to Your breach of these Terms or the representations or warranties set forth herein.

12. ALTERNATIVE DISPUTE RESOLUTION.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOU AGREE TO SUBMIT ALL DISPUTES WITH SLEEPTEST AND ITS AFFILIATES WHICH ARISE OUT OF, ARE RELATED TO, OR ARE IN ANY WAY CONNECTED WITH, THESE TERMS, ANY SLEEP STUDY OR OTHER SERVICES PROVIDED BY SLEEPTEST, AND/OR ANY DEALINGS BETWEEN YOU AND SLEEPTEST, TO FINAL AND BINDING ARBITRATION BEFORE JAMS ADR SERVICES (“JAMS”) OR ITS SUCCESSOR IN ORANGE COUNTY, CALIFORNIA. THE ENFORCEMENT OF THIS AGREEMENT TO ARBITRATE SHALL BE PURSUANT TO THE FEDERAL ARBITRATION ACT.

THE ARBITRATION SHALL BE CONDUCTED PURSUANT TO THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES IN EFFECT AT THE TIME OF THE FILING OF THE DEMAND FOR ARBITRATION, BEFORE A SINGLE ARBITRATOR. THE ARBITRATOR SHALL BE A RETIRED JUDGE AND SHALL CONDUCT THE ARBITRATION HEARING AND RENDER HIS OR HER FINAL DECISION IN ACCORDANCE WITH CALIFORNIA LAW. EACH PARTY SHALL BE RESPONSIBLE FOR THEIR OWN ARBITRATION FEES, ATTORNEY’S FEES, AND COSTS.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE ABOVE ALTERNATIVE DISPUTE RESOLUTION PROVISION, AND THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE WAIVING A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO WHICH YOU AND SLEEPTEST MAY BE PARTIES, ARISING OUT OF OR IN ANY WAY PERTAINING TO YOUR PARTICIPATION IN A SLEEP STUDY. YOUR WAIVER IS KNOWINGLY, WILLINGLY, AND VOLUNTARILY MADE AND YOU REPRESENT AND WARRANT THAT NO REPRESENTATION OF FACT OR OPINION HAS BEEN MADE TO INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN ANY WAY MODIFY OR NULLIFY ITS EFFECT.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. YOU AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS ON BEHALF OF OTHERS. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD OR ARBITRATED AS A CLASS, COLLECTIVE, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, OR AS A MEMBER IN ANY SUCH CLASS, COLLECTIVE, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING.

YOU MAY OPT OUT OF THE FOREGOING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS OF THIS AGREEMENT BY NOTIFYING SLEEPTEST IN WRITING OF YOUR ELECTION TO OPT OUT WITHIN FIVE (5) DAYS OF THE DATE YOU FIRST REQUEST TO PARTICIPATE IN A SLEEP STUDY. TO OPT OUT, YOU MUST SEND A WRITTEN NOTIFICATION TO SLEEPTEST AT INFO@SLEEPTEST.COM THAT INCLUDES: (i) YOUR LEGAL NAME; (ii) YOUR SOCIAL SECURITY NUMBER; (iii) YOUR MAILING ADDRESS; (iv) YOUR TELEPHONE NUMBER; (v) YOUR EMAIL ADDRESS; (vi) THE HEALTH CARE PROFESSIONAL(S) WHO HAS/HAVE AUTHORIZED YOUR SLEEP STUDY; AND (vii) A CLEAR STATEMENT INDICATING THAT YOU DO NOT WISH TO RESOLVE CLAIMS THROUGH ARBITRATION AND DEMONSTRATING COMPLIANCE WITH THE FIVE (5) DAY TIME LIMIT TO OPT OUT OF THE ABOVE ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS. WE RESERVE THE RIGHT TO RESTRICT OR OTHERWISE REFUSE TO PERMIT YOU TO PARTICIPATE IN A SLEEP STUDY BASED UPON YOUR DECISION TO OPT OUT OF THE ABOVE ALTERNATIVE DISPUTE RESOLUTION PROVISION. SHOULD YOU RECEIVE OR UNDERGO ANY PORTION OF THE SLEEP STUDY FROM US, INCLUDING RECEIPT OF THE TESTING DEVICE, PROCEEDING WITH THE TESTING, OR RECEIVING THE INTERPRETATION, YOU SHALL BE DEEMED TO HAVE ACCEPTED THIS AGREEMENT TO ARBITRATION, AND SHALL HAVE WAIVED ANY RIGHT TO OPT OUT OF THE SAME.

13. MISCELLANEOUS.

Governing Law.

These Terms, Your Sleep Study, and any other dealings between You and SleepTest, and its officers, directors, members, employees, agents, and affiliates (“Affiliates”) are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

Entire Agreement.

These Terms and other documents, including but not limited to, any policies or procedures currently or subsequently published, referenced in or linked to these Terms, which are hereby incorporated herein and made a part hereof by this reference, contains the entire agreement between You and SleepTest regarding Your participation in a Sleep Study, use of the SleepTest website, and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between You and Us, written or oral, to the extent they relate in any way to the subject matter hereof.

Force Majeure.

In the event that the performance of the obligations under these Terms are prevented or hindered in consequence of any act of God (including fires, explosions, earthquakes, drought, tidal waves, and floods), war, invasion, rebellion, riot, or acts or threats of terrorism (each, a “Force Majeure Event”), then such performance or obligations shall wholly or partially be suspended during the period and no liability shall accrue or be incurred during such period owing to such circumstances.

Amendments.

SLEEPTEST RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS FROM TIME TO TIME. SUCH CHANGES WILL BECOME EFFECTIVE WHEN SLEEPTEST POSTS THE REVISED TERMS OF USE ON THE WEBSITE, AND/OR WHEN SLEEPTEST TRANSMITS THE REVISED TERMS TO YOU VIA COMMUNICATION AS FURTHER SPECIFIED HEREIN. YOUR CONTINUED PARTICIPATION IN A SLEEP STUDY SUBSEQUENT TO THE POSTING OF ANY REVISIONS TO THESE TERMS MEANS YOU ACCEPT ANY SUCH REVISIONS. ANY MODIFICATIONS TO THESE TERMS OF SERVICE SHALL SUPERSEDE ALL PREVIOUS VERSIONS. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, ALTER, SUSPEND OR DISCONTINUE ANY SLEEP STUDY, INCLUDING, BUT NOT LIMITED TO, YOUR ACCESS TO THE STUDY INFORMATION FOR YOUR HEALTH CARE PROFESSIONAL(S) AND/OR YOU.

Severability.

In the event that one or more of the provisions, or portions thereof, of these Terms is determined to be illegal or unenforceable, the remainder of these Terms shall not be affected thereby, and each remaining provision or portion thereof shall continue to be valid and effective and shall be enforceable to the fullest extent permitted by law. If any part of these Terms or any part of any provision hereof, is adjudicated to be invalid or void, then the remaining provisions shall be executed insofar as the remaining provisions are capable of execution.

Waiver.

The waiver by Your breach of these Terms does not constitute a waiver of any subsequent breach by User.

Relationship.

These Terms and Your participation in a Sleep Study will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between You and SleepTest.

Assignability.

You may not assign these Terms, Your right to participate in a Sleep Study, or any rights or obligations hereunder, without Our prior written consent in the form of a written instrument signed by a duly authorized representative of SleepTest. Notwithstanding the restriction on assignment, these Terms shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, successors, representatives, and assigns.

Interpretation.

To the maximum extent allowed under Applicable Law, You waive the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party and shall not be employed in the interpretation of these Terms. You understand and agree that these Terms shall be construed fairly as to all parties and not in favor of or against any of the parties, regardless of which party prepared these Terms, such that the application of California Civil Code Section 1654, providing “[i]n cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist” (or other comparable law in other jurisdictions), is hereby waived.

Consent to Terms/Digital Signature.

By participating in a Sleep Study, You are deemed to have read, understood, and agreed to these Terms electronically, effective on the date You request a Sleep Study.

SleepTest may also require You to consent to these Terms when You first request to participate in a Sleep Study. You will be prompted to read these Terms by way of text message and email sent from SleepTest, and if You agree, You will be asked to click a box that prompts You to “Agree” with these Terms. By clicking the “I Agree” box, You are acknowledging that You read and understood these Terms, and You are agreeing to be irrevocably bound by these Terms.

Updated: May 22, 2022

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If you have any questions regarding your sleep test device or completing the sleep test on time, please contact Customer Support by phone at 1-800-SLEEPTEST (1-800753-3783) or email at info@sleeptest.com. We would love to help you!

Thank you! Sleep well, live well, be well.

SleepTest.com Team