Terms and Conditions of Use
This Website Terms and Conditions of Use Agreement (“Agreement”) is made by and between Inspire Medical Systems, Inc. (“Inspire,” “we, “or “us”), having a principal place of business in Minnesota, USA, and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your use of this Website.
1. ACCESS TO THIS WEBSITE
To access this Website or some of the resources it offers, including contacting Inspire or connecting with doctors, you may be asked to provide certain registration details or other information such as your zip code, name, e-mail address, phone number and other credentials, as well as information regarding your present diagnosis, course of treatment, and biometric information. It is a condition of your use of this Website that all the information you provide on this Website will be correct, current, and complete. If Inspire believes the information you provide is not correct, current, or complete, Inspire has the right to refuse you access to this Website or any of its resources, and to terminate or suspend your access at any time.
2. RESTRICTIONS ON USE
You may use this Website for purposes expressly permitted by this Website. As a condition of your use of the Website, you warrant to Inspire that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. For example and without limitation, you may not (and may not authorize any party to) (i) co-brand this Website, or (ii) frame this Website, without the express prior written permission of an authorized representative of Inspire. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression such other party has the right to display, publish, or distribute this Website or its Content. You agree to cooperate with Inspire in causing any unauthorized co-branding or framing immediately to cease. In addition, you may not use the Website in any manner which could disable, overburden, damage, or impair the Website(s) or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials, Content, or information through any means not intentionally made available or provided to you, including without limitation exceed the limitations of access granted to you, through the Website. You may not use scrapers, bots, spiders, or other automated tools to collect or index the Content of this Website without our express permission. Your use of this Website is strictly for your personal, non-commercial use only.
3. ADDITIONAL USE LIMITATION
You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Content, software, products, or services obtained from or otherwise connected to the Website.
4. PROPRIETARY INFORMATION
The material and content accessible from this Website, and any other Website owned, operated, licensed, or otherwise controlled by Inspire (the “Content”) is the proprietary information of Inspire or the party that provided or licensed the Content to Inspire, whereby such providing party retains all right, title, and interest in the Content. Neither title nor intellectual property rights are transferred to you by access to this Website.
This Website may be hyper-linked to other Websites which are not maintained by, or related to, Inspire. Hyper-links to such Websites are provided as a service to users and are not sponsored by or affiliated with this Website or Inspire. Inspire has not reviewed any or all of such Websites and is not responsible for the content of those Websites. Inspire is not responsible for webcasting or any other form of transmission received from any hyper-linked Website. Hyper-links are to be accessed at the user’s own risk, and Inspire makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the Websites hyper-linked to this Website. Inspire provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party Website does not necessarily imply endorsement by Inspire of that Website, its owner, or its content.
You understand that Inspire cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. Inspire does not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Inspire. This Website may contain forward-looking statements that reflect Inspire’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals, validity, and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Inspire may update this Website on a regular basis but assumes no obligation to update any of the Content.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. INSPIRE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. INSPIRE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INSPIRE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND INSPIRE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT INSPIRE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. INSPIRE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
You should not rely on information on this website to make medical decisions. These decisions should only be made in consultation with your healthcare providers. The Physician Finder is provided for your convenience in locating a physician who offers Inspire therapy, and, while each physician listed has completed an Inspire training course, Inspire does not endorse any particular physician or practice listed on this website. Inspire makes no representation or warranty that any particular therapy is safe, appropriate or effective for you, or that any particular healthcare provider has a particular level of skill.
8. LIMITATION ON LIABILITY
INSPIRE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF INSPIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF INSPIRE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT YOU CANNOT FILE A CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE WEBSITE MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
9. TERMINATION OR RESTRICTION OF ACCESS
Inspire reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
You will indemnify and hold Inspire, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.
11. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this Website are the property of Inspire or the party that provided the trademarks, services marks, logos, and copyrighted works to Inspire. Inspire and any party that provided trademarks, service marks, logos, and copyrighted works to Inspire retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Website.
You are prohibited from any attempt to compromise security or tamper with system resources and/or accounts associated with this Website. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Inspire reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Inspire reserves the right to investigate suspected violations of this Agreement.
Inspire reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Inspire to disclose the identity of anyone using or supplying information through this Website, and Inspire reserves the right to provide information about you to law enforcement if Inspire believes you have breached this agreement or violated any applicable laws. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS INSPIRE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY INSPIRE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER INSPIRE OR LAW ENFORCEMENT AUTHORITIES.
You recognize and agree that when submitting your personally identifiable information to Inspire, while Inspire may have safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, INSPIRE MEDICAL SYSTEMS SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS. INSPIRE MEDICAL SYSTEMS DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS.
This Agreement will be governed and interpreted pursuant to the laws of Minnesota, United States of America, excluding any principles of conflicts of law. You specifically consent to personal jurisdiction in Hennepin County, Minnesota in connection with any dispute between you and Inspire arising out of this Agreement or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of this Agreement will be in the state and federal courts in Hennepin County, Minnesota.
If any part of this Agreement is unlawful, void, or unenforceable, that part shall be modified by a court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording or, if not amendable to become lawful and enforceable, shall be severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Inspire as a result of this Agreement or your accessing, visiting, browsing, using, or otherwise interacting with the Website.
This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Inspire with respect to the Website.
Inspire may revise this Agreement at any time by updating this posting.
Last Modified: 03/23/2015