General

By using this Internet web site you agree to be subject to and agree to be bound by the following Internet Web Site Terms of Use and Conditions. You represent that you are of legal age to form a binding contract.

If you do not agree to all of the terms and conditions set forth in this Internet Web Site Terms of Use and Conditions, you may not use this Internet web site. SOMNIA, INC. and/or Somnia Anesthesia Services, Inc., (collectively “SOMNIA, INC.”), owner of this Internet web site, reserves the right, at any time, to modify, alter, or update these Internet Web Site Terms of Use and Conditions. By accepting these Internet Web Site Terms of Use and Conditions, you agree to be bound by such modifications, alterations, or updates.

This Internet web site may include hyperlinks to third party Internet web sites that are not owned or operated by SOMNIA, INC. Those Internet web sites may have Terms of Use and Conditions, and visitors to those web sites may be required to agree to such Terms of Use and Conditions. SOMNIA, INC. is not responsible for the content, terms of use, privacy policies, or privacy practices of other Internet web sites to which this Internet web site may link to or is linked from.

Description of Services

The purpose of this Internet web site is to provide information in connection with SOMNIA, INC., a physician-owned anesthesia management company.

This Internet web site does not provide medical advice. The information provided in this Internet web site is for information purposes only, and is not meant to be or to substitute for advice from a medical professional, such as a physician, physician assistant, nurse, paramedic or other medically trained personnel.

Copyright

Except as otherwise set forth and provided herein, all material including but not limited to text, pictures, graphics and flash animations, data, icons and arrangement thereof that is displayed, and any hypertext markup language or any programming code included in or as a function of this Internet web site, is protected under the copyright laws of the United States of America and international conventions. It is the exclusive property of SOMNIA, INC., SOMNIA, INC.’s content suppliers and/or other respective owners, and any exclusive property of SOMNIA, INC. may not be copied, modified, adapted or distributed in any form or for any reason without the express advance written consent of SOMNIA, INC.

Trademarks

The trademarks SOMNIA, LOCAL TEAMS. NATIONAL SUPPORT. EXCEPTIONAL RESULTS., ADVANCING OUTPATIENT SURGERY, ANESTHESIA DREAM TEAM, ACCOUNTABLE ANESTHESIA ORGANIZATION and GET A LIFE are registered trademarks of SOMNIA, INC. All trademarks, service marks, trade names and trade dress appearing in this Internet web site (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to SOMNIA, INC., or other respective owners that have granted SOMNIA, INC. the right and license to use the Marks. All rights in the Marks and products appearing in this Internet web site are reserved by the respective owners and may be afforded protection in the United States and internationally.

You expressly understand and agree that any of SOMNIA, INC.’s Marks are the property of SOMNIA, INC.

Any questions concerning the use of the Marks or whether a trademark that does not appear in this list herein is a trademark of SOMNIA, INC. should be referred to SOMNIA, INC. at [email protected]

No license or right is granted to you in any way to use, copy, reproduce, republish, upload, post, transmit, distribute or modify any of the Marks, or any other trademark appearing in connection with this Internet web site in any manner or for any purpose.

Disclaimer of Warranties

SOMNIA, INC. provides this Internet web site and its contents exclusively on an “as is” basis. SOMNIA, INC. makes no representations or warranties of any kind, express or implied, as to the operation of this Internet web site, or any information regarding SOMNIA, INC., or any content or information provided in this Internet web site, or any service or product described in this Internet web site with regard to the accuracy and completeness of the information.

SOMNIA, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS OF THIS INTERNET WEB SITE FOR ANY PURPOSE, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY, AND FREEDOM FROM COMPUTER VIRUS OR OTHER COMPUTER MALWARE TO THE EXTENT PERMITTED BY LAW. SOMNIA, INC. EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE OF ANY KIND FROM USE OF THIS INTERNET WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT AND INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES AND PUNITIVE DAMAGES.

Limitation of Liability

ALTHOUGH THE INFORMATION PROVIDED TO USERS ON THIS INTERNET WEB SITE IS OBTAINED OR COMPILED FROM SOURCES SOMNIA, INC. BELIEVES TO BE RELIABLE, SOMNIA, INC. CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO USERS OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOMNIA, INC. IS NOT LIABLE FOR OR HAS RESPONSIBILITY OF ANY KIND TO ANY USER FOR ANY INJURY (WHETHER A COMMERCIAL INJURY OR OTHERWISE), LOSS OR DAMAGES THAT A USER INCURS, INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF (A) ANY FAILURE OR INTERRUPTION OF THIS INTERNET WEB SITE; (B) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS INTERNET WEB SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO USERS; (C) ANY OTHER CAUSE RELATING TO A USER’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS INTERNET WEB SITE OR CONTENT ON THIS WEB SITE; (D) ANY USER'S INTERACTION OR SUBMISSIONS ON THIS INTERNET WEB SITE; OR (E) ANY USER'S FAILURE TO COMPLY WITH THESE INTERNET WEB SITE TERMS OF USE AND CONDITIONS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF SOMNIA, INC.

User Registration

Users may be required to submit identifying information, for example, to receive information about SOMNIA, INC., to receive information about services SOMNIA, INC. provides, or about upcoming scheduled events. SOMNIA, INC. does not knowingly collect any personally identifiable information from anyone under eighteen (18) years of age.

SOMNIA, INC. does not currently charge its users a fee for using this Internet web site, but SOMNIA, INC. reserves the right to charge a fee for such use and to change any of the other terms of use or to add to the same.

All submissions to this Internet web site are governed by these Internet Web Site Terms of Use and Conditions and the SOMNIA, INC. Privacy Policy, which is posted on this Internet web site and incorporated by reference in its entirety herein. If there is any conflict between any term in these Internet Web Site Terms of Use and Conditions and SOMNIA, INC’S Privacy Policy, the terms in these Internet Web Site Terms of Use and Conditions shall prevail.

SOMNIA, INC. reserves the right to block or otherwise take down any advertisement or promotion from this Internet web site, at SOMNIA, INC.’s sole discretion.

Intellectual Property Protection

SOMNIA, INC. takes its intellectual property very seriously, and will take any and all measures necessary to protect its intellectual property, including but not limited to inventions (whether patentable or not), trademarks, copyrights and trade secrets. SOMNIA, INC. grants no license rights through the use of this Internet web site for the intellectual property of SOMNIA, INC.

Governing Law

These Internet Web Site Terms of Use and Conditions shall be interpreted and enforced in accordance with the laws of the State of New York, with no regard to conflicts of law principles. By using this Internet web site, you agree that any dispute, claim or cause of action in connection with use of this Internet web site will be resolved without resorting to a class action or any form thereof. Each user of this Internet web site consents to exclusive jurisdiction of the Courts of the State of New York, and, when applicable, the Southern District of New York.

User Supplied Content and Submissions

User hereby grants to SOMNIA, INC. a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right and license to use, copy, display, edit, make derivative works of, distribute, publish, commercialize, retain, and/or save in any way now known or in the future discovered, any content that is submitted to SOMNIA, INC., without any further consent, notice and/or compensation to you or to any third parties.

You hereby warrant and represent to SOMNIA, INC. that any information you provide or submit in connection with this Internet web site, including information which may be posted on this Internet web site, is owned by you or for which you otherwise have the right to provide, is accurate, is truthful, and does not violate any confidentiality rights, contractual restrictions, including related rights, of any third party, and/or any law. You also warrant that all information you submit about yourself is truthful, and that you will not provide any false personal information on this Internet web site. You also agree to modify any information you have submitted that is no longer accurate or is obsolete, including any information that relates to any registration information you have submitted to SOMNIA, INC.

Control Over Content

SOMNIA, INC. exercises no control over any content any user submits. SOMNIA, INC. has no obligation to supervise any content submitted by any user and is not liable or responsible for any claims relating to any inaccurate, untimely, false or incomplete information provided by a user, or from a user’s failure to fully comply with any provision of these Web Site Terms of Use and Conditions. You agree to inform SOMNIA, INC. of any misappropriated content, or any inappropriate or illegal content posted on this Internet web site that you are or become aware of.

Indemnification

You agree to indemnify SOMNIA, INC. and to hold SOMNIA, INC. harmless from any damages, losses and costs, (including, but not limited to, reasonable attorneys’ fees), and any charges that relate to any claims by any third party, and any charge related to your non-compliance with these Internet Web Site Terms of Use and Conditions.

Enforceability

If any provision in these Web Site Terms of Use and Conditions is held invalid or unenforceable, that provision shall be construed in a manner consistent with the applicable law to reflect the original intent of the provision, and the remaining provisions of these Web Site Terms of Use and Conditions shall remain in full force and effect.