The following terms and conditions constitute an agreement between you and Snoring Isn’t Sexy, Inc. (“Snoring Isn’t Sexy,” “we,” or “us”), the operator of SnoringIsntSexy.com (the “Site”). These terms of use (the “Terms of Use”) govern your use of the Site.


BY USING THE SITE, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you consent to resolve in the State of Florida any dispute that you may have with us, or the Site. We offer the Site "AS IS" and without warranties.


1. About the Site

Everything we offer on the Site is referred to in these Terms of Use collectively as the "Services". You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) may be provided by individuals in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with locating appropriate medical care from a qualified practitioner.


2. We Do Not Provide Medical Advice

The Information that you obtain from Snoring Isn’t Sexy, and its employees, contractors, partners, sponsors, advertisers or otherwise on the Site is for informational and contact purposes only.


THE INFORMATION PROVIDED ON THE SITE AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH SNORING ISN’T SEXY IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE.  YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.


We do not recommend or endorse any specific tests, procedures, opinions, or other information that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.


3. No Doctor Patient Relationship

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM SNORING ISN’T SEXY INCLUDING, BUT NOT LIMITED TO, THE “REQUEST A CONSULTATION” FEATURES, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE.


WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.


You are strongly advised to perform your own investigation prior to selecting a health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular dentist or other health care provider (“Provider”) by confirming with the Provider’s office, your current Provider, the medical association relative to the Provider’s specialty and your state medical board.


4. Provider Listings

In connection with using the Site and the Services to locate medical professionals, you understand that:


  • YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER.
  • Snoring Isn’t Sexy selects Providers to be listed on the Site pursuant to a contractual agreement with the Providers.
  • In addition to signing a contract, Providers must pay a fee to Snoring Isn’t Sexy in order to appear on the Site.
  • Snoring Isn’t Sexy will provide you with profile previews of Providers who may be suitable to deliver the health care that you are seeking, but Snoring Isn’t Sexy does not make any representations or warranties with respect to these Providers or the quality of the healthcare services they may provide.
  • Snoring Isn’t Sexy uses reasonable efforts to ensure that Providers only participate in the Services if they hold active medical licenses and all certifications necessary to practice any specialty of the services offered by them to patients. Snoring Isn’t Sexy may also exclude Providers who, in Snoring Isn’t Sexy’s discretion, have engaged in inappropriate or unprofessional conduct.

5. Editorial Control

We make the Site available as a service to consumers and Providers for the purposes of providing an informative and educational resource. The timeliness and accuracy of any or all of the Information is not guaranteed. You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified healthcare provider.


PROVIDER INFORMATION: Provider and practice information found on the Site is intended for general reference purposes only. Provider information found on the Site is self-reported, by the Provider and/or office staff, and often changes frequently and may become out of date or inaccurate. Snoring Isn’t Sexy does not provide any advice or qualification certification about any particular Provider. Our relationship with Providers in a particular area is based on criteria we establish.


PROCEDURES/PRODUCTS/SERVICES: The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services or devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.


6. Your Responsibilities

Even though the Services are provided free of charge, the charges for any medical services rendered by collaborating Providers profiled on the Site will apply and will be entirely your responsibility.


You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services or computer systems or networks, through hacking or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):


  • copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
  • access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or Providers;
  • reformat or frame any portion of the web pages that are part of the Site and/or the Services;
  • use any means to conduct web scraping of any portion of the Site.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.


7. Your Use of Content

All of the Information available on the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws and other proprietary rights. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Snoring Isn’t Sexy’s proprietary information. We give you permission to use the content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever.


8. Disclaimer of Warranties

We have no special relationship with or fiduciary duty to you. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services.


9. Entire Agreement

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Snoring Isn’t Sexy to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.


10. Choice of Law and Dispute Resolution

These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Florida. Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in Palm Beach County, pursuant to the rules of the American Arbitration Association.


11. Assignment

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.


12. Eligibility

If you are under the age of 13, you may not use the Site or Services, in compliance with the Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.


Last Updated on April 15, 2014.


Copyright (©) 2014 TMJ Practice Management Associates, Inc. All rights reserved.




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