Your use of the Watermark Medical Sleep Study Portal service confirms your agreement to be bound by the terms and conditions contained in this Agreement as well as any rules for use of the services. It also acts as your acknowledgment of your receipt and understanding of the disclosures in this Agreement and your agreement allowing all disclosures or other information required under applicable law to be sent electronically. Except as otherwise required by law, rule, or regulation, we may change the terms and conditions of this Agreement from time to time and at any time. When changes are made, we will update this Agreement at the Web site. Changes will be effective when first updated on the Web site unless law, rule, or regulation requires advance notice in which case the change will be effective in accordance with the law, rule, or regulation.

Watermark ARES devices and disposable test kits are only available for purchase directly through Watermark Medical or its’ Authorized Distributors and may only be used with the Watermark ARES Web Portal. Purchaser/Customer may not resell ARES devices or disposable test kits without written approval from Watermark Medical. The Watermark ARES Disposable patient test kits are single use kits which include the physical disposables as well as the processing of a single study in the Watermark ARES Web Portal. Disposable test Kits may not be reused, purchased from Unauthorized sources, or resold by Purchaser/Customer. At the request of Watermark Medical, Purchaser/Customer agrees to work with Watermark to audit the customer’s purchases of authorized disposable kits to actual studies uploaded in the Watermark ARES Portal. If it is determined that unauthorized disposable kits were used for study processing in the Watermark ARES Portal, Watermark Medical may terminate customers’ ability to process future studies and invoice the customer for any historical studies that were uploaded with unauthorized Watermark ARES Disposable test kits. Please direct any inquiries regarding these terms and conditions to Watermark Medical at info@watermarkmedical.com or 877-710-6999.

Unless otherwise required by applicable law, we have the right to terminate this Agreement and/or your access to Watermark Medical Sleep Study Portal service at any time, at our convenience and without cause.

In no event will Watermark Medical be liable for any direct or indirect, special, incidental, consequential, or punitive damages or lost profits arising in connection with use of our Watermark Medical Sleep Study Portal service, any interruption in availability of our Watermark Medical Sleep Study Portal service, delay in operation or transmission, computer virus, loss of data, or otherwise, even if Watermark Medical has been advised of the possibility of such damages or loss.

Agreement

BY USING THE WEB SITE OR BY LOGGING IN ABOVE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEB SITE.