Terms of Service
This Terms of Service agreement (“Agreement”) is made by and between Inspire Medical Systems, Inc. (“Inspire," "Us, "We" or "Our"), and you (“you,” “your,” or “User”). This Agreement contains the terms and conditions that govern your use of any application that includes, displays, attaches, references, or links to this Agreement.
BY CLICKING ANY "I AGREE" OR SIMILAR BUTTON IN RELATION TO THE APPLICATION OR ACCESSING, VISITING, BROWSING, USING, DOWNLOADING OR ATTEMPTING TO INTERACT WITH ANY PART OF THE APPLICATION, INCLUDING WITHOUT LIMITATION THE APPLICATION'S FORMS OR OTHERWISE, YOU AGREE, ON BEHALF OF YOURSELF AND ANY ENTITY FOR WHICH YOU ARE AN AGENT OR YOU APPEAR TO REPRESENT (SUCH ENTITY ALSO BEING INCLUDED IN THE TERMS “YOU,” “YOUR,” OR “USER” REFERRED TO ABOVE) THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE APPLICATION.
INSPIRE RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN INSPIRE'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE APPLICATION CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE HYPER-LINKS FOR THIS AGREEMENT LOCATED WITHIN THE APPLICATION.
1. Access and License to This Application
Subject to the terms of this Agreement, you are hereby granted a non-exclusive, terminable, non-sublicensable, non-transferrable license to download, install, access, and use the application solely for your personal, noncommercial purposes. Unless otherwise noted in this Agreement, and to the fullest extent allowed under any applicable laws, all terms and conditions of this Agreement apply to the license and your downloading, installing, accessing and using of any and all services offered within the application. To the extent you use the Application to provide information for use in a clinical study in which you are an enrolled study subject, the terms of your informed consent for that study apply to you rather than the terms contained in this Agreement.
To access the application or some of the resources it offers you may be asked to provide certain information such as your contact information and other credentials as well as information about yourself. It is a condition of your use of this application that all the information you provide through this application or otherwise to Inspire that such information 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 the application or any of its resources, to terminate or suspend your access to the application at any time, and otherwise decline to provide you with Inspire products, services, and information.
THIS APPLICATION IS INTENDED FOR USE BY INDIVIDUALS 18 YEARS OF AGE OR OLDER. WE HAVE NO INTENT TO COLLECT INFORMATION FROM CHILDREN UNDER THE AGE OF 18. ALTHOUGH OUR APPLICATION IS INTENDED TO BE CHILD-SAFE, IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT ACCESS OR USE THIS APPLICATION WITHOUT THE CONSENT OF YOUR PARENT OR GUARDIAN.
2. Regulatory Issues
The application is designed to provide general information about Inspire and its products and services. Nothing contained within the application is intended to offer medical advice for the treatment of illness or disease, or to be a substitute for professional medical advice, diagnosis or treatment. Should you have a medical condition, promptly see your health care provider. Specific questions pertaining to your medical condition and appropriate treatment should be directed to your health care provider. You should never disregard professional medical advice or delay seeking it because of something you have read within the application. Before using any product or service discussed on the application, please consult your health care provider. In addition, nothing presented here is intended to provide instructions on the use of the products supplied by Inspire. For specific information and instruction relative to Inspire's products and services, please refer to the product labeling supplied with all Inspire products.
Inspire offers products and services to treat sleep apnea. These products, used by health care professionals, are regulated by government agencies in each of the countries in which Inspire does business, such as the U.S. Food and Drug Administration. The descriptions of the Inspire products contained on this application are intended only for persons located in the U.S. and are constructed for compliance with U.S. law. Please check with the relevant government agency and regulatory authority for information appropriate in your country. Inspire's application contains information about products, which may or may not be available in any particular country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Nothing contained on the application should be construed as a promotion or solicitation for any product or for the use of any product in a particular way that is not authorized by any relevant law or regulation in your jurisdiction.
3. Restrictions on Use
4. Proprietary Information
Neither title nor intellectual property rights in and to the application or its Content are transferred to you by access to this application except for the limited license set forth in this Agreement. The material and content accessible from this application, and any other application or website owned, operated, licensed, or otherwise controlled by Inspire, including without limitation all text, video, audio, streaming content, graphics, images, photographs and other perceivable media, as well as documents and information downloadable from the application (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 subject to the license grants to Inspire. You may not modify, copy, translate, decompile, disassemble, reverse engineer, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell the application or its Content, or delete or change any copyright, trademark, or other proprietary notice on the application or any Content or services obtained from or otherwise connected to the Inspire application except as expressly permitted by Inspire. All rights not expressly granted by Inspire are reserved by Inspire.
4. Confidential Information
. The application, including, but not limited to, source and object code, logic and structure, database structure, and any and all copies of the foregoing, regardless of the form or media in or on which any of them may exist (all together, the “Confidential Information”) constitute valuable trade secrets, are the intellectual property and confidential information of Inspire and any other of their licensor(s), and are protected by copyright and intellectual property laws, international treaty provisions, and applicable laws of the country in which such Confidential Information is being used. Confidential Information additionally includes non-public information disclosed by Inspire if it is clearly and conspicuously marked as “confidential” or with a similar designation at time of disclosure or non-public information disclosed by Inspire if, by its nature, would generally be considered by Inspire to be confidential. Confidential Information shall not include information which: (i) is or becomes public knowledge through no fault of you; (ii) was in your possession before receipt from Inspire; (iii) is rightfully received by you from a third party without any duty of confidentiality; (iv) is disclosed to a third party by Inspire without a duty of confidentiality on the third party; (v) is independently developed by you; or (vi) is disclosed with the prior written approval Inspire. You agree that Confidential Information of Inspire may not be used for any purpose except as authorized under this Agreement. Confidential Information of Inspire may be disclosed in response to a valid court order or other legal process only to the extent required by such order or process and only after you have given Inspire written notice, if legally allowed, of such court order or other legal process promptly and the opportunity for Inspire to seek a protective order or confidential treatment of such Confidential Information, at Inspire's expense, with reasonable cooperation by you. Inspire shall retain all ownership of its Confidential Information including without limitation all intellectual property rights in that Confidential Information. Subject to the licenses granted in this Agreement, you agree, both during the term of the Agreement and after the termination of the Agreement to hold Inspire Confidential Information in confidence and to protect the disclosed Confidential Information by using the same degree of care to prevent the unauthorized use, dissemination or publication of the Confidential Information as you use to protect your own Confidential Information of a like nature but in no event with less than reasonable care. You shall be responsible and liable under the terms of this Agreement for any violation of the confidentiality requirements of this Section committed by your employees, agents, representatives, or independent contractors.
This application may be hyper-linked to websites or other material which is not maintained by, or related to, Inspire. Hyper-links to such material are provided as a service to users and are not sponsored by or affiliated with this application or Inspire. Inspire has not reviewed any or all of such material and is not responsible for the content of that material. Inspire is not responsible for webcasting, streaming, downloads, or any other form of transmission received from any hyper-linked material. 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 materials hyper-linked to this application. 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 material or any association with its operators.
You hereby grant to Inspire the royalty-free, perpetual, irrevocable, worldwide, sublicensable through multiple levels, transferrable, non-exclusive right and license to use, reproduce, make, modify, adapt, publish, translate, broadcast, create derivative works from, distribute, offer to sell, sell, import, perform, and display all suggestions, feedback, and other improvements you provide to Inspire related to the application (collectively "Feedback"). You hereby waive in perpetuity all so-called "moral rights," rights of integrity, rights of paternity, rights of disclosure, rights of withdrawal, rights of attribution, rights to prevent attribution in the event of a distortion, mutilation, or modification, and all such analogous rights in or related to any Feedback. You represent and warrant that you have all the rights and permissions necessary to grant the above license, including without limitation any necessary licenses, waivers, or assignments of copyrights, patents, trademarks trade secrets, or other intellectual property rights, publicity rights, and privacy rights. Inspire will not be required to treat any Feedback as confidential, and may use any Feedback to the full extent of its license without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Inspire products, services or other business operations.
You understand that Inspire cannot and does not guarantee or warrant that files, including without limitation Content, available for downloading from the Internet or through the application 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 application 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.
YOUR USE OF THIS APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT, ANY INFORMATION OR OTHER COMMUNICATIONS SENT TO YOU AS A RESULT OF YOUR INTERACTION WITH THE APPLICATION AND ANY INFORMATION SENT TO YOU BY YOUR REQUEST THROUGH THE APPLICATION (COLLECTIVELY "APPLICATION AND RELATED SERVICES") 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 REGARDING OR RELATING IN ANY WAY TO THE APPLICATION AND RELATED SERVICES. INSPIRE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS APPLICATION, OR ANY OTHER APPLICATION AND RELATED SERVICES, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION AND RELATED SERVICES 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 APPLICATION AND RELATED SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE APPLICATION AND RELATED SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND INSPIRE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
All of the information in the Application and Related Services, whether historical in nature or forward-looking, speaks only as of the date the information is posted in the application or is otherwise transmitted or communicated to you, and Inspire does not undertake any obligation to update such information after it is posted or communicated to you, or to remove such information from this application if it is not, or is no longer accurate or complete.
SOME JURISDICTIONS, INCLUDING (AS TO CONSUMERS) NEW JERSEY, MAY NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES INCLUDING WITHOUT LIMITATION OF IMPLIED WARRANTIES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation on Liability
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, INSPIRE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND CONTENT PROVIDERS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OWNERS, MEMBERS, SHAREHOLDERS, AND DIRECTORS (THE "INSPIRE ENTITIES") 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, REGARDING OR RELATING IN ANY WAY TO THE APPLICATION AND RELATED SERVICES, EVEN IF THE INSPIRE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE INSPIRE ENTITIES REGARDING OR RELATING IN ANY WAY TO THE APPLICATION AND RELATED SERVICES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE MINIMUM AMOUNT ALLOWED BY LAW IF A TOTAL DISCLAIMER OF ALL LIABILITY IS NOT ALLOWED.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES TO PERSONAL OR PROPERTY DAMAGE, OR DAMAGES CAUSED BY THE NEGLIGENT OR WILLFUL ACTIONS OF INSPIRE. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Termination or Restriction of Access
Inspire reserves the right, in its sole discretion, to suspend or terminate your access to the application or any portion thereof and the related services or any portion thereof at any time, without notice.
You will defend, indemnify, and hold the Inspire Entities harmless from any breach of this Agreement by you, including without limitation any use of Content or other Application and Related Services other than as expressly authorized in this Agreement and any claim or damage of any type regarding or relating to your Feedback or other information or data you provide to or through the application, such indemnification including without limitation any and all resulting loss, damages, judgments, awards, costs, fines, expenses, and attorney's fees (including without limitation for the cost of defense) (collectively “Losses”) of the Inspire Entities in connection therewith. You will also defend, indemnify, and hold the Inspire Entities harmless from and against any claims brought by third parties arising out of your use of the application, the Content, or other Application and Related Services, such indemnification including without limitation all resulting Losses, except to the extent such claims and Losses are due to the negligent or willful acts of the Inspire Entities.
11. Google Maps
12. Trademarks and Copyrights
Trademarks, service marks, logos, and copyrighted works appearing in this application 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 application.
All Content of Inspire application owned by Inspire is: Copyright © 2020 Inspire Medical Systems, Inc., All rights reserved, unless otherwise noted.
Any passwords or other login credentials used for this application, if any, are for individual use only and the use of your credentials, whether by you or others, to log into access restricted areas of the application for use or viewing of the Content by individuals other than you is strictly prohibited. You will be responsible for the security of your password and other login credentials (if any). Inspire will be entitled to monitor your logins and credentials and, at its discretion, require you to change your password or other login credentials. If you use a password that Inspire considers insecure, Inspire will be entitled to require the password to be changed or Inspire may suspend or terminate your account.
You are prohibited from using any services or facilities provided in connection with this application to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited.
Inspire reserves the right to investigate suspected violations of this Agreement. Inspire may use and disclose your information in special instances when we have reason to believe disclosing this information is necessary to investigate, identify, contact, or bring legal action against someone who may be causing injury to or interfering with our rights or property, other application users, or anyone else. We may disclose your information when subpoenaed, if ordered or otherwise required by a court of law, arbitrator, or other similar proceeding or the rules governing such a proceeding, for government investigations, with government agencies if required by law, to exercise, establish, or defend Inspire's legal rights, to protect your vital interests or those of any other third party, and when Inspire otherwise believes in good faith that any applicable law requires it.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE INSPIRE ENTITIES FROM ANY CLAIMS RESULTING FROM ANY OF THE AFOREMENTIONED ACTIONS TAKEN BY THE INSPIRE ENTITIES.
14. App Store Disclaimer
This Agreement is between you and Inspire, not any other entity such as without limitation Google, Inc., Apple, Inc., or Amazon.com, Inc., or any other third party through which you obtain the Services (collectively and individually “Third Party App Stores”), and in no event shall any Third Party App Store be obligated to provide maintenance or support of the application, provide any warranty granted in this Agreement, or provide any indemnity for intellectual property violations of the application. You are bound by any applicable terms set forth in relation to any such Third Party App Stores. As to an app downloaded from Apple's app store, the license herein to the application is only to use the application on the Apple-branded products that you own or control. In the event of any failure of the application to comply with any warranty as set forth herein, where portion of the application was purchased through Apple, Inc., you may contact Apple, Inc. for a refund of the purchase price paid through Apple, Inc. You must contact Inspire and not any Third Party App Stores, regarding any product liability claims, claims that the application fails to conform to any applicable legal or regulatory requirement, or any claims arising under any consumer protection, privacy, or similar legislation. Third Party App Stores and their subsidiaries shall be third party beneficiaries to this Agreement and shall have the right to enforce this Agreement against you.
This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), and your use of the application (collectively a "Dispute"), shall be governed by, and enforced in accordance with, the internal laws of the State of Minnesota, including its statutes of limitation and excluding its conflicts of law rules. Your use of the application may also be subject to other local, state, national, or international laws. ANY DISPUTE SHALL BE SETTLED BY ARBITRATION UNDER THE RULES PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), AND YOU HEREBY WAIVE ANY RIGHT YOU MAY OTHERWISE HAVE TO A JURY TRIAL. A SINGLE ARBITRATOR SHALL PRESIDE OVER ANY ARBITRATION, AND SUCH ARBITRATOR SHALL, IN HIS OR HER SOLE DISCRETION, DETERMINE THE ARBITRABILITY OF ANY ALLEGED DISPUTE. ANY ARBITRATION SHALL BE CONDUCTED IN MINNEAPOLIS, MINNESOTA. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO AN AGREEMENT WITH INSPIRE OR OTHERWISE ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. JUDGMENT ON AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY STATE OR FEDERAL COURT WITHIN OR WITHOUT THE STATE OF MINNESOTA. NOTWITHSTANDING THE FOREGOING, IN LIEU OF OR ADDITION TO ANY OTHER REMEDIES AVAILABLE TO INSPIRE, INSPIRE MAY SEEK INJUNCTIVE OR OTHER RELIEF IN ANY STATE, FEDERAL, OR NATIONAL COURT OF COMPETENT JURISDICTION FOR (I) ANY ACTUAL OR ALLEGED INFRINGEMENT OF INSPIRE OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; OR (II) ANY BREACH OF THE CONFIDENTIALITY PROVISIONS IN THIS AGREEMENT. YOU HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS OF THE STATE OF MINNESOTA WITH RESPECT TO ANY SUCH INJUNCTIVE OR OTHER RELIEF. YOU FURTHER ACKNOWLEDGE THAT INSPIRE'S RIGHTS IN ITS INTELLECTUAL PROPERTY ARE OF A SPECIAL, UNIQUE, EXTRAORDINARY CHARACTER, GIVING THOSE RIGHTS PECULIAR VALUE, THE UNAUTHORIZED USE, DISCLOSURE, OR LOSS OF WHICH CANNOT BE READILY ESTIMATED AND MAY NOT BE ADEQUATELY COMPENSATED FOR IN MONETARY DAMAGES.
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, and if not so modifiable, that part will be deemed severable, and will not affect the validity and enforceability of any remaining provisions.
Inspire may assign or otherwise convey any of its rights and obligations under this Agreement, but you may not. All of the terms and conditions of this agreement shall inure and be binding upon any party's permitted successors and assigns.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Inspire as a result of this agreement or use of Inspire's application or any Application and Related Services.
Agreement constitutes the entire agreement among the parties relating to the subject matter of this Agreement and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Inspire with respect to the subject matter of this Agreement. Notwithstanding the foregoing, any additional terms and conditions on this application will govern the items to which they pertain.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
The failure by Inspire at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Inspire may revise this Agreement at any time by updating this posting.
Last Modified: 01 April 2020