SleepTest, LLC. Patient Terms of Service:

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

These Terms of Service (the “Terms” or “Agreement”) govern the terms and conditions of the Sleep Study that you (“User”, “You”, “Your”) have requested from SleepTest and that SleepTest will perform.  These Terms constitute a legally binding agreement made between You, on the one hand, and SleepTest, on the other. You agree that by responding “Yes” to the text message, 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 perform a Sleep Study.

YOU ACKNOWLEDGE THAT SLEEPTEST IS NOT, AND DOES NOT CLAIM TO BE, A CLINICIAN OR LICENSED MEDICAL PROVIDER.  SLEEP TEST IS A SERVICE PROVIDER ACTING AT THE DIRECTION OF CLINICIANS.  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 ARE EXPRESSLY PROHIBITED FROM PARTICIPATING IN A SLEEP STUDY THROUGH SLEEPTEST 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, 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 Clinician(s) that referred You for the Sleep Study (“Referring Clinician(s)”), and/or the Physicians that will perform the Interpretation.  As is set forth in more detail below, You authorize SleepTest to share any information that You provide to SleepTest and any information that SleepTest obtains from Your Sleep Study, including the results of Your Sleep Study, and any information about You, the Testing, the Interpretation, or Your Sleep Study (the “Study Information”), to Your Referring Clinician.  Information is not intended for distribution to any Clinician 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 a Sleep Study are solely responsible to ensure that the Clinician(s) who referred them or the professionals who will be performing the Interpretation, are properly licensed and in compliance with all Applicable Laws (as defined herein).

1.              SLEEP STUDY.

SleepTest Device.

SleepTest will issue You the Testing Device for the Sleep Study by placing it in the mail or by some other means at SleepTest’s sole discretion.  Upon receipt of the Testing Device, You agree to immediately complete the Testing and return the Testing Device to SleepTest within five (5) business days of receiving it.  SleepTest may, but is not obligated to, provide You with a prepaid shipping label for returning the Testing Device, but in the event that such shipping label is provided 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.

Information.

You acknowledge and agree that SleepTest is authorized to provide the Study Information to a Physician licensed to interpret the information received from the Testing and to Your Referring Clinician.  You further acknowledge and agree that SleepTest may provide any information about You or Your Sleep Study to Your Referring Clinician.  You further acknowledge and agree that SleepTest has made no representation or warranty with respect to the Study Information.  The Study Information is solely for use by Clinicians, and that all or any portion(s) thereof may not be provided directly to You by SleepTest and may be unavailable to You.

 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)”) with the Study Information, such information will only be provided in compliance with Applicable Law (as defined below), including, but not limited to, the requirements that You will complete and submit a Medical Release Form available on the SleepTest website at www.sleeptest.com/contact-us-patients.

 Compliance.

 You and SleepTest agree that, to the extent required by Applicable Laws, the services provided by SleepTest under this Agreement will comply in all material respects with all federal, state, or local 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 Clinician(s), 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 (“Applicable Law(s)”).

You hereby acknowledge and agree that SleepTest is not a Clinician and makes no representations or warranties regarding any Clinician.  By agreeing to these Terms or participating in a Sleep Study, You acknowledge and agree that You have confirmed that Your Clinician(s) have complied, and will comply, with all Applicable Laws and that SleepTest has no responsibility to do so on Your behalf.

SleepTest has no intent to provide any party with Study Information in violation of HIPAA or any other Applicable Law.

Payment.

You hereby acknowledge and agree that SleepTest shall charge the fees for its services as identified on the SleepTest website (“Sleep Study Fee(s)”).  You will be asked to provide Your Referring Clinician or SleepTest with information sufficient to allow SleepTest to identify any applicable insurance plans that You possess (“Insurance Information”) and submit invoices to Your insurance carrier (“Insurance Provider”). By submitting Your Insurance Information, You authorize SleepTest to submit invoices for the Sleep Study Fees to the Insurance Provider and authorize Your Insurance Provider to remit payment to SleepTest on Your behalf.  In the event that You choose not to provide Insurance Information, or if your insurance provider fails to pay SleepTest the entire Sleep Study Fee, You will remain responsible for all, or the remaining portion of, the Sleep Study Fee to SleepTest. You acknowledge and agree that there are no cancellations or refunds of the Sleep Study Fees once SleepTest mails the Testing Device to you.

You hereby acknowledge and agree that in the event You have a deductible and/or co-insurance responsibility tied to the Insurance Provider’s payment of the Sleep Study Fees, You will pay those amounts immediately upon receipt of the invoice transmitted to You by SleepTest (“Invoice”).  If applicable You further acknowledge and agree that if SleepTest does not receive full payment of the Sleep Study Fees from You within thirty (30) days of the date of the Invoice  (“Invoice Date”), 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.

You hereby acknowledge and agree that in the event that You receive payment from Your Insurance Provider for the Sleep Study Fees, You will: (i) immediately notify SleepTest by calling 1-800-SLEEPTEST; and (ii) immediately remit that payment to SleepTest.

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 21 of arriving at your confirmed mailing address, or in the event the Testing Device is returned damaged to the point of being unuseable, You will be responsible to pay SleepTest Two Thousand Five Hundred Dollars ($2,500.00) for the full replacement cost (“Replacement Cost”) of the Testing Device within thirty (30) days of SleepTest’s demand for the same.

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)”) who have retained SleepTest to provide the efficacy of devices or services designed to arrest or treat sleep disorders by administering Sleep Studies to individuals identified by the Third Party.  In the event that Your Sleep Study is associated with a Third-Party Agreement, You hereby acknowledge and agree that SleepTest may provide information about You or Your Sleep Study to the Third Party.

2.              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) You hereby acknowledge and agree that Your Clinician or a licensed medical Physician has properly screened you for a sleep-related breathing disorders and authorized You to obtain a Sleep Study; (v) You have been referred for a Sleep Study by a properly licensed medical professional; (vi) Your performance of these Terms will not violate any Applicable Laws or any other agreement to which You are a party; (vii) You are fully and individually responsible for all Sleep Study Fees and/or Replacement Cost (if applicable); and (viii) the Information that You have provided to SleepTest is truthful and accurate.

3.              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 SleepTest website.  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 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.

4.              DISCLAIMER.

 THE SLEEP STUDY 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 SLEEP STUDY, (ii) THE INFORMATION DERIVED FROM THE SLEEP STUDY, (iii) THE INTERPRETATION, OR (iv) 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, ANY PORTION THEREOF OR ANY RELATED DATA OR INFORMATION; (iii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR TESTING AND SLEEP STUDY; (iv) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR HEALTH INFORMATION STORED THEREON; (v) ANY FAILURE BY YOUR CLINICIAN(S) OR THE PHYSICIAN(S) PERFORMING INTERPRETATIONS TO OBTAIN THE PROPER LICENSURE; (vi) ANY FAILURE OR REFUSAL BY YOUR CLINICIAN(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; AND/OR (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.

 5.              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 SLEEP STUDIES, 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 AND/OR PARTICIPATION IN THE SLEEP STUDY, 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 OMMISSION RESULTING IN HARM TO YOU, SHALL BE THE AMOUNT THAT SLEEPTEST HAS RECEIVED, OR IS OWED, BY YOU, FOR THE PERFORMANCE OF THE SLEEP STUDY.  YOU ACKNOWLEDGE AND AGREE THAT ESTIMATING ANY DAMAGES THAT MIGHT BE OCCASIONED TO YOU AS A RESULT OF THE CONDUCT OR OMMISSION 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.

 6.              INDEMNIFICATION.

You agree to defend, indemnify, and hold SleepTest harmless, including Our subsidiaries, affiliates, and all of Our directors, officers, agents, partners, employees, and affiliates 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.

7.              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 CLINICIAN(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 ARBITRAITON, AND SHALL HAVE WAIVED ANY RIGHT TO OPT OUT OF THE SAME.

 8.         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 CLINICIAN(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 do 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 of its 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 sent from SleepTest, and if you agree, you will be asked to text the words back “Yes” to complete the registration process.  By texting “Yes” in response to the text message, You are acknowledging that You read and understood these Terms, and You are agreeing to be irrevocably bound by these Terms.


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