Terms and Conditions

Effective Date: August 20, 2020

Welcome to a Hiro Health website, including but not limited to www.Hiro Health.com (collectively, the "Website"). Please read these terms and conditions carefully because they set forth the important terms you will need to know about this Website. In these Terms and Conditions, the terms "you" and "yours" refer to the person using this Website. The terms "we," "our," "us" and “Hiro Health" collectively refer to Hiro Health, Corporation, a Texas corporation.

Use of this Website is governed by the Terms and Conditions. By using this Website, you agree to abide by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, do not use this Website.

For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy, available here (the "Privacy Policy"). Hiro Health expressly excludes any representation or warranty, express or implied, with respect to the information available on this Website. Hiro Health makes no representation about any third-party websites that may be accessed via links from this Website. By using this Website, you agree that the law of the State of Texas, without regard to its conflict of laws principles, will govern all matters between you and Hiro Health with respect to your use of this Website. 

Hiro Health Business Overview

Hiro Health is a Durable Medical Equipment (DME) Provider licensed in certain states to dispense durable medical equipment to facilitate the treatment of sleep disordered breathing ("SDB") as directed by a licensed physician. Hiro Health may provide through various means helpful information on sleep apnea, the use of CPAP devices, and other topics within its scope as a DME Provider. The information shared by Hiro Health should never be construed as the practice of medicine. HIRO HEALTH DOES NOT PROVIDE PATIENT EVALUATIONS, DIAGNOSIS, CARE AND/OR TREATMENT. Hiro Health should never be relied upon as a substitute for or resource in place of a licensed medical practitioner.

Hiro Health is here to help customers sleep better and enable them to treat their obstructive sleep apnea. However, since obstructive sleep apnea is a medical condition, there are certain activities that Hiro Health can do and certain activities that Hiro Health cannot do. Here's an overview:

What Hiro Health Does:

• Provides helpful information on sleep health, obstructive sleep apnea, and other forms of sleep disordered breathing
• Under the direction of a client's physician, Hiro Health administers home sleep tests and provides results back to physician for interpretation 
• Provides client support through the purchase process of durable medical equipment related to obstructive sleep apnea, including CPAP machines and related supplies, in accordance with physician prescriptions
• Provides support, encouragement, fitting tutorials, and sleep data to clients 

What Hiro Health Does Not Do:

• Diagnose clients with sleep apnea
• Write prescriptions for home sleep tests or durable medical equipment
• Interpret results from home sleep tests
• Perform any medical service, emergency or routine, for clients
• Enter into Physician-Patient relationship with clients

Engagement with Houston Sleep and Narcolepsy

While Hiro Health does not engage in the practice of medicine, as a convenience to our clients and in order to provide them access to a comprehensive path of diagnosis and treatment, Hiro Health may facilitate an introduction to a group of licensed physicians with whom clients may establish an independent physician-patient relationship. Hiro Health is not party to these relationships. However, through its websites, Hiro Health may make accessible to its clients contact with Houston Sleep and Narcolepsy, a third-party professional medical corporation. Houston Sleep and Narcolepsy has no affiliation with Hiro Health other than to facilitate specific aspects of the High Road to Sleep Therapy that constitute the “practice of medicine.” Hiro Health has no financial interest in Houston Sleep and Narcolepsy and has no control over operational elements such as pricing decisions, physician selection, or licensing/compliance matters. Hiro Health in no way influences medical directives made by Houston Sleep and Narcolepsy and Houston Sleep and Narcolepsy is in no way compensated financially or otherwise by Hiro Health for any services or medical directives that Houston Sleep and Narcolepsy provides (other than passing on payment for services that come directly from Hiro Health clients). Further, should you chose to engage with an Houston Sleep and Narcolepsy doctor you should understand the following:

• Any relationship between a Hiro Health client and a physician working for Houston Sleep and Narcolepsy is at the discretion of the client.
• Hiro Health is not party to any physician-patient relationship that may be established between its clients and a Houston Sleep and Narcolepsy (or any other) doctor.
• Should you rely on services from a Houston Sleep and Narcolepsy doctor, this in no way obligates you to further engage with Hiro Health or limits your personal healthcare choices.
• The fees paid to Houston Sleep and Narcolepsy are set regardless of diagnosis or directives disallowing for undue influence or conflict of interest.
• Your reliance on the services of Houston Sleep and Narcolepsy is solely at your own risk and you assume full responsibility for all risk associated herewith. Hiro Health does not make any warranties about the training or skill of any Houston Sleep and Narcolepsy healthcare provider (or any other provider).
• As an alternative to Houston Sleep and Narcolepsy, Hiro Health is happy to take direction from a licensed physician with whom our clients have already established a relationship.

Independent Statement

All services provided, including the advertisement, ordering, sale, delivery, instruction, and set up of the products, are performed solely by HiroHealth.com and independently of the manufacturer.

Medical Emergency Disclaimer

DO NOT USE THIS WEBSITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

General Medical Disclaimers

THE CONTENT (AS DEFINED BELOW) AVAILABLE THROUGH THIS WEBSITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. HIRO HEALTH DOES NOT GIVE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THIS WEBSITE DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP.  NONE OF THE INFORMATION ON THE WEBSITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG, THERAPY OR OTHER TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. FURTHER, A HEALTHCARE PROVIDER'S ABILITY TO USE OUR SERVICES IS NOT AN ENDORSEMENT OR RECOMMENDATION OF THAT HEALTHCARE PROVIDER BY HIRO HEALTH.

Your reliance upon information and Content obtained by you at or through this Website is solely at your own risk. Neither we nor providers of content to us ("Content providers") assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content.

Hiro Health is not a healthcare provider. The content on the Website is designed to support, not replace or intervene in, the relationship that exists between you and your healthcare provider. While the Website may provide access to certain general information regarding sleep disordered breathing and sleep wellness, the Website cannot and is not intended to provide medical advice.  Content is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Website. We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.

Medicare and Medicaid Disclaimer

Notice to Medicare and Medicaid Beneficiaries.  Medicare and Medicaid will pay for medical equipment and supplies only if a supplier has a Medicare or Medicaid supplier number.  Hiro Health does not have a Medicare or Medicaid supplier number.  Medicare or Medicaid will not pay for any medical equipment and supplies we sell or rent to you.  You will be personally and fully responsible for payment. 

Intellectual Property Rights:

Ownership:

All content, text, images, data, information and other material displayed, available or present on this Website ("Content"), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter "Intellectual Property Rights"), are the property of Hiro Health, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Website is copyrighted unless otherwise noted and may not be used without our written permission, except as otherwise provided in these Terms and Conditions. 

Authorized and Prohibited Uses:

You may download and print copies of the Content only for noncommercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms and Conditions and applicable laws. Except as may otherwise be expressly authorized by these Terms and Conditions, you may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without our prior written permission. If this Website permits the emailing of certain Content or a link through the use of an "email to a friend" (or similar) icon, you may send that particular Content or link to others by email, as indicated. You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content. 

Content:

Except as provided in our website Privacy Policy, any content that you submit to this Website or Hiro Health, whether directly or through a third-party website ("User Content") will be deemed to be nonconfidential and may be disclosed through this Website to unknown persons on a worldwide basis without control by Hiro Health, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit User Content to this Website or Hiro Health except for User Content that is fully authorized for purposes of this Website and these Terms and Conditions, and by posting User Content on this Website, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute User Content. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that Hiro Health shall have, and hereby grant to Hiro Health, a worldwide, royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Website or Hiro Health. Hiro Health does not endorse any User Content, or third-party product or service that may appear on this Website. Nothing in these Terms and Conditions shall obligate Hiro Health to use any User Content you submit or permit the posting of such User Content on this Website, 

Registrations and Passwords:

At times, we may or may not require you to have a password and provide registration details to access this Website or portions of this Website. To the extent that we do require a password and registration details, the details you provide must be correct, current and complete. If Hiro Health believes that the details are not correct, current and complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website, and you are fully responsible for all activities that occur under your password(s). Hiro Health shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Hiro Health, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity. 

Software Downloads:

Any Hiro Health software that is made available to download from this Website (Software) is the copyrighted work of Hiro Health or its affiliates or suppliers. The Software is made available for downloading solely for your use pursuant to the end user license agreement (EULA) applicable to the Software, and any reproduction or redistribution of the Software other than as permitted in the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. In addition, downloading Software is prohibited if you are visiting this Website from any of the countries to which the export of software is prohibited by the U.S. Department of Commerce. Copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

Restricted Rights:

The information that is downloaded from this Website for or on behalf of the Government of the United States of America and/or its agencies ("US Government") is provided with Restricted Rights. Use, duplication or disclosure by the US Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable. 

Compliance with the Digital Millennium Copyright Act

Hiro Health respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. 

Website Administration

Access Arrangements and Fees:

Your use of this Website must be in accordance with any and all procedures, forms, formats, displays and operating times, which may be determined, specified or modified by Hiro Health in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Website. At this time, we do not charge a fee to use this Website (but not including any subscription-based or other services offered within, which will be the subject of a separate agreement), but we reserve the right to impose or modify fees in connection with use of this Website (or portions of this Website) at any time without liability. Payment of any such fees will be due and payable 30 days from the date of invoice unless otherwise agreed by you and Hiro Health or unless otherwise required by Hiro Health. Hiro Health will endeavor to issue a general notice on this Website with regard to any imposition of fees or modifications to this Website. 

Linking:

Unless otherwise agreed between you and Hiro Health, no link shall be made to any page of this Website .  In such cases, any link to this Website must be immediately followed by notice to Hiro Health via email at Support@HiroHealth.com. Moreover, in such cases, if Hiro Health deems your linking practices in relation to this Website to be inappropriate, Hiro Health may choose to delete the link or to provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of Hiro Health relating to such notice. 

Access to Website:

While it is Hiro Health's objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Hiro Health, access to the Website may be interrupted, suspended or terminated from time to time. Hiro Health shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, Content, hours of availability and equipment needed for access or use. 

Import/Export Control:

You agree not to submit any User Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws. 

Your Obligations

Compliance:

You agree to comply with all applicable laws in connection with your use of this Website. 

Unsuitable Content and Conduct:

User shall not engage in, conduct, or submit to this Website any User Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive or otherwise objectionable. User shall not cause damage, embarrassment, or adverse publicity to Hiro Health. 

Functional Compatibility and System Abuse:

You will submit only User Content that is functionally and technically compatible with this Website. You will not attempt to and will not damage, corrupt, tamper with or infect this Website, the Content or any information or telecommunication system of Hiro Health with a virus or other malicious computer program. You will only use this Website for the permitted purposes stated in these Terms and Conditions, and will not engage in abusive activity with respect to this Website, or undertake any other activity which may adversely affect the use or enjoyment of this Website by any person. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and accounts. The use or distribution of tools designed for compromising security (eg, password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Hiro Health reserves the right to release your details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents. 

Your Cooperation and Notification:

You agree to cooperate with all reasonable requests of Hiro Health and will notify Hiro Health promptly on learning of any actual or suspected breach of these Terms and Conditions by you or unauthorized use or abuse of this Website. 

Warranty Disclaimers

THIS WEBSITE, ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN "AS IS" BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. HIRO HEALTH DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

Limitations on Liability and Remedies:

HIRO HEALTH'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH HIRO HEALTH (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. HIRO HEALTH AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH HIRO HEALTH. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF HIRO HEALTH HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HIRO HEALTH AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. HIRO HEALTH DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF HIRO HEALTH WILL BE LIMITED TO, IN THE SOLE DISCRETION OF HIRO HEALTH, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED BY HIRO HEALTH FROM YOU. 

Indemnification:

You agree to defend, indemnify and hold harmless Hiro Health and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with your use of this Website, online conduct, breach of these Terms and Conditions, or dealings or transactions with other persons resulting from use of this Website. 

Third Party Sites

This Website may contain as a convenience to you, content, links and other information submitted by third parties over whom Hiro Health has no control or responsibility, as well as translations thereof which Hiro Health may arrange. Hiro Health has no obligation to monitor, control or restrict the use of this Website, or third-party websites accessible via links on this Website. These other sites are not under Hiro Health's control, and you acknowledge that (whether or not such sites are affiliated in any way with Hiro Health) Hiro Health is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Hiro Health or any association with its operators. 

Separate Terms and Conditions

From time to time in connection with your use of or access to Content contained in certain areas of this Website, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms and Conditions. You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Website. Any such terms will not vary or replace these Terms and Conditions regarding any use of this Website, unless otherwise expressly stated. 

Privacy Policy

Hiro Health is concerned about privacy and has developed a policy to address privacy concerns. The Privacy Policy is hereby incorporated into these Terms and Conditions by reference and constitutes a part of these Terms and Conditions. 

Dispute Resolution; Applicable Law and Forum

With respect to any and all disputes arising out of or in connection with this Website or these Terms and Conditions (including without limitation the Privacy Policy), Hiro Health and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. Hiro Health has no obligation to become involved in any dispute between a user and any other person. Hiro Health and you agree that all disputes arising under these Terms and Conditions shall be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and shall be resolved by confidential binding arbitration as selected by Hiro Health in its sole discretion. The arbitrator's award will be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Hiro Health is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms and Conditions pending a final arbitral decision. 

Modification of Terms and Conditions, Etc.

These Terms and Conditions and the Privacy Policy constitute the complete agreement between you and Hiro Health with respect to their subject matter and supersede any prior agreement or communication. These Terms and Conditions are subject to change from time to time. Hiro Health will endeavor to post a notice of any changes to these Terms and Conditions for a period of 30 days following any such modifications. Therefore, you are advised to review these Terms and Conditions occasionally, or at least every 30 days. Your continued use of this Website subsequent to Hiro Health's notice of modification of these Terms and Conditions will constitute your acceptance of the modified Terms and Conditions. If any term or provision of these Terms and Conditions will be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms and Conditions, or the whole of these Terms and Conditions, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and Hiro Health shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms and Conditions. Your obligations pursuant to these Terms and Conditions will survive termination of any use by you of this Website, any Content on this Website, or these Terms and Conditions. 

Contact Information

If you have any questions regarding these Terms and Conditions or this Website, please contact us by email at Support@HiroHealth.com.