Terms and Conditions/Privacy Policy

Thank you for choosing Practical Sleep Solutions LLC. By using the services on our website

www.practicalsleep.com you hereby agree to the following terms with practicalsleep.com, our subsidiaries

and affiliates.

You must read and accept all of the terms and conditions in this User Agreement, prior to use of our

website and services. This agreement applies to any Practical Sleep Solution LLC domains and sub-

domains. This Agreement is effective 9/1/12.

Site Usage

While using the services and website of Practical Sleep LLC, you are prohibited/restricted from:

1. Using or registering any email address that you do not own or for which you do not have the express

permission of the owner to register with;

2. Posting any inappropriate content, violate any laws, third party rights, or any of our policies;

3. Duplicating, changing, or disseminating any content and/or any of our copyrights and trademarks;

4. Gathering, compiling, or collecting any information about users in any way, including email addresses;

5. Using our services, if you are below the age of 18 and if you are unable to form legally binding

contracts;

6. Posting any false, inaccurate, misleading, defamatory, or libelous content, not limited to personal

information;

7. Misrepresent or impersonate your affiliation with any person or entity of Practical Sleep LLC,

subsidiary, affiliate, employee or agent.

You also shall not distribute or post, email or otherwise transmit any unsolicited or unauthorized

advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes;

Practical Sleep LLC has the right to suspend, deactivate, limit, or cancel any service and user accounts.

We may also impede or restrict access to our website, which is in our sole discretion. Practical Sleep LLC

reserves the right to refuse service to anyone.

Public Content

Submitting any communications or content to any part of practicalsleep.com, its domains and/or sub-

domains which content may be viewable by the public (e.g. posting on a discussion forum, chat or other

public communication), you agree that such communication is non-confidential for all purposes. Any

submission to our Web site will be deemed and remain the property of Practical Sleep LLC.

Copyrights

Unless otherwise indicated, all information contained on this web site, such as images, advertisements,

logos, original content, text, graphics, audio clips, videos are copyrighted by and proprietary to Practical

Sleep LLC, and may not be copied, reproduced, transmitted, displayed, altered, performed, distributed,

sublicensed, or otherwise used in whole or in part in any manner without our prior written consent. We

may also use third party content, information, images, or videos from manufacturers for marketing or

informational purposes of the products we advertise for sale of or product information.

Medical Advice

You accept and agree that the content made available through practicalsleep.com is for informational

purposes only. It is not intended to be taken and should not be construed, in any way, as medical advice

or counseling or as the practice of medicine. Do not use our resources in place of seeking professional

advice from a licensed medical practitioner. Practical Sleep LLC makes no guarantees, promises, or

predictions of success regarding any of the services or resources offered through practicalsleep.com.

Liability Limitations

Practical Sleep LLC will not be held responsible for other user’s actions or inactions, including posts by

other users. Also, We exclude all implied warranties, terms and conditions, to the fullest extent permitted

by law. Practical Sleep LLC shall not be liable for any loss of goodwill, money, indirect, incidental or

consequential damages arising out of your use of praticalsleep.com.

Release

You hereby agree to release Practical Sleep LLC, trustees, officers, agents, directors, subsidiaries, joint

ventures and employees from claims, demands and damages (actual and consequential) of every kind

and nature, known and unknown, real or imaginary, arising out of or in any way connected to a dispute

with Practical Sleep LLC.

International Orders

Practical Sleep LLC is unable to provide payment or quotes of payment for taxes or duties. The customer

is responsible for determining, managing and paying any and all taxes, duties and import fees (if

applicable) associated with the purchase or transaction through our website. Practical Sleep LLC

reserves the right to refuse any order it determines does not meet our requirements.

Typographical Errors

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing

information received from our suppliers, Practical Sleep LLC shall have the right to refuse or cancel any

orders placed for the product or service listed at the incorrect price. If your credit card has already been

charged for the purchase and your order is cancelled, Practical Sleep LLC shall issue a credit to your

credit card account in the amount of the charge.

Risk of Loss

All items purchased are made pursuant to a shipment agreement. This means that the risk of loss and

title for such items pass to you upon our delivery to the carriers (FedEx or USPS). Please refer to our

shipping policy page for more information.

Health Insurance Information

Practical Sleep LLC does not currently accept Health Insurance. We are not a provider for any insurance

company or health care organization. We do not file any insurance claims for any reason. If you believe

you are eligible, you may submit a claim to your provider on your own behalf. We use best efforts to

provide any necessary information. We accept HSA and Flexible Spending Account cards for payment of

services or products.

Practical Sleep LLC does not have any affiliation with any private or government based insurers or social

benefit programs. We are not a Medicare provider nor do we have a Medicare contract to provide

services.

Privacy Policy

We are committed to respecting your online privacy and recognize your need for appropriate protection

and management of any personally identifiable information (“Personal Information”) you share with us.

Personal Information is defined as any information that may be used to identify an individual, including,

but not limited to, a first and last name, a home or other physical address and e-mail address or credit

card information.

By using our site and services, you consent to the terms of our Privacy Policy and to Practical Sleep

LLC’s processing of Personal Information for the purposes provided herein, as well as those explained

where Practical Sleep LLC collects Personal Information on the Site. We reserve the right to change the

terms of this Online Privacy Policy at any time, but will not do so without posting the revised Online

Privacy Policy on this Site. You are encouraged to review this Online Privacy Policy whenever you visit

our Site to make sure you understand how we use the information we collect.

Any dispute over privacy is subject to this Privacy Policy & Terms of Use Statement, including limitations

on damages, arbitration of disputes, and application of the law of the state of California. If you have any

concerns about privacy, please contact us.

Gathering of Personal Information from Site Users; “Cookies”.

Practical Sleep LLC may collect and/or track (1) the home server domain names, e-mail addresses, type

of computer, and type of web browser of users to the Site, (2) the e-mail addresses of users that

communicate with Practical Sleep LLC or the Site via e-mail, (3) information provided by the user in online

forms, registration forms, surveys, etc. (including name, address, e-mail and other personal profile data),

and (4) aggregate and user-specific information on which pages users access.

Practical Sleep LLC may place Internet “cookies” on users’ hard drives. Internet cookies save data about

individual users, such as the user’s name, password, user-name, screen preferences, the pages of the

Site viewed by the user, and the advertisements viewed or clicked by the user. When you revisit the Site,

Practical Sleep LLC may recognize the visitor by the Internet cookie and customize the user’s experience

accordingly. You can decline Internet cookies, if any, by using the appropriate feature of their web client

software, if available. However, declining to use cookies may impede the ability of the Site to function

properly.

If you perform a search within the Site, Practical Sleep LLC may record information identifying the user or

linking the user to the search performed. Practical Sleep LLC may also record limited information

associated with every search request made by the user and use that information to, among other things,

solve technical problems with the service and to calculate overall usage statistics.

Use of Personal Data Collected.

Practical Sleep LLC may use the Personal Information it collects for internal purposes, such as, solving

technical problems, calculating overall usage statistics, for internal marketing and promotional purposes,

and content improvement.

Practical Sleep LLC does not knowingly solicit information from children and we do not knowingly market

the Site or its services to children. No one under the age of 13 should submit any personal information to

Practical Sleep LLC.

Security.

Practical Sleep LLC utilizes security features to prevent the unauthorized release of or access to personal

information. Practical Sleep LLC cannot guarantee the confidentiality of any communication or material

transmitted via the Site or e-mail. Accordingly, Practical Sleep LLC is not responsible for the security of

information transmitted via the Internet. You always have the option to contact Practical Sleep LLC by

telephone, see “Contact Us”.

Opt-Out Option.

You can opt out of receiving any promotional communications, at any time by sending us an email, see

“Contact Us”.

What We Sell

Practical Sleep LLC offers products from a selection of manufacturers and vendors. By purchasing

products through our website you agree that all services related to said products — including ordering,

sale, delivery, setup and instruction will be performed by us independently of the manufacturer. Any

manufacturer’s warranties or warranty repairs will be undertaken in accordance with each individual

manufacturer’s policies.

We may revise these Terms from time to time, the most current version will always be at

practicalsleep.com You should check our website frequently for recent changes. Unless stated otherwise,

our current Privacy Policy applies to all information that we have about you and your account.

Disclaimer Policies

Please read the following carefully prior to use of this ecommerce store. All users of this site agree that

access to and uses of this site are subject to the following terms and conditions and other applicable law.

If you do not agree to these terms and conditions, please do not use this site.

Copyright

The content included in this site, including but not limited to text, graphics or code is copyrighted as a

collective work under the United States and other copyright laws, and is the property of Practical Sleep

LLC. ALL RIGHTS RESERVED.

Trademarks

All trademarks, service marks and trade names of Practical Sleep LLC in the site are trademarks or

registered trademarks of Practical Sleep LLC

Limitation of Liability

Practical Sleep LLC shall not be liable for any special or consequential damages that result from the use

of, or the inability to use, the materials on this site or the performance of the products, even if Practical

Sleep LLC has been advised of the possibility of such damages, as applicable by law.

Return, Warranty & Exchange Policies

Warranty Items

If the product you have purchased needs to be returned due to manufacturer defect, Practical Sleep LLC

will exchange your product for the same item or an item of equal value at no additional charge

(international shipping rates may apply on orders outside the continental U.S.). All customers

(International and Domestic) should contact Practical Sleep LLC to arrange returns and shipping.

Incorrect Order

Practical Sleep LLC will exchange your item for correct item minus any price difference or we will refund

the difference based on the cost of the purchased item versus the exchanged item. The cost of shipping

your returned item(s) back to Practical Sleep LLC will be the customer’s responsibility. If the product is

unopened, there are no restocking fees on exchanged items. We cannot accept opened items for return

or exchange. Therefore it is important that you make sure your order is correct before you open it. Please

contact us if you have any questions or need any assistance with ordering items.

Returning/Canceling Orders

Practical Sleep LLC will accept returns for purchases made through practicalsleep.com on unopened

product(s) within 30 days of the date of purchase, not delivery. A restocking fee of 15% will be subtracted

from the original charges and a credit for the difference will be issued on returned items not exchanged

items. All shipping costs are non- refundable. Your order is considered accepted once you have placed

the order and provided payment information.

Practical Sleep LLC will not accept returns on products that have been opened. We recommend that you

make sure you are purchasing the right style and size masks for you. For your convenience, please

review our detailed product page and/or contact one of our support staff, who will be happy to assist you.

Practical Sleep LLC will accept returns on products you purchase that have manufacturing defects. If the

product you purchased has defective materials and/or workmanship, please contact us and then, if

required, a return authorization number will be issued to you via email. Please note that any associated

shipping cost to return products to

Practical Sleep LLC is not covered in any warranty circumstances.

Important Manufacturer Information.

Product lines vary from manufacturer to manufacturer and mask sizes may differ. You can always contact

us to confirm.

We consider any machine to be used if opened and if usage hours are placed on the machine. CPAP and

BI-Level/Bi-PAP warranty decisions for repair or replacement are made by solely by the manufacturer.

All Machines (CPAP, Bi-Level, Bi-PAP, VPAP Adapt SV, Bi-PAP AutoSV, AutoPAP etc.,), which are

experiencing issues and are no longer under manufacturer warranty MAY be able to repaired by the

manufacturer. This policy varies by manufacturer. A diagnostic fee (which varies and is determined by the

manufacturer), which may or may not be applied to the actual repair cost (depending on the

manufacturer) will be collected prior to submitting the machine to the manufacturer for assessment.

Returned Items:
Please email our return department returns@practicalsleep.com or call us “Contact Us”

to receive assistance setting up your return process.

Return Address: Please mail returns to “Contact Us”

Shipping Policy

Please note that orders received after 3:00 EST (Eastern Standard Time) are shipped out the following

business day excluding holidays.

Practical Sleep LLC offers International Shipping (allow 6-10 business days).

Standard ground shipping will typically arrive from 3-7 business days after you place your order. If for any

reason products are not available or on backorder we will notify you and the item will be shipped as soon

as it becomes available. Saturday and rush delivery is available with express shipping, but an extra fee

will be incurred.

International shipments are expected to arrive between 6-10 business days (weekends not included!), but

due to customs, may be delayed. Practical Sleep LLC will provide all necessary documents for customs

declarations, but once the items leave Practical Sleep LLC’s warehouse, we little control on the

expediting of the customs release of the product.

Overnight/Express Shipping

Practical Sleep LLC has Overnight/Express shipping options. These options are only available to

residents in the continental United States. Sunday and holiday deliveries are not available, NOTE: All

orders received after 3pm EST will be sent out the following business day excluding holidays.

Special Delivery Notice

NOTE: ORDERS CONTAINING CPAP/Bi-Level (BiPAP) MACHINES WILL BE MARKED TO RECEIVE

ADULT SIGNATURE UPON DELIVERY, PLEASE PREPARE TO MAKE ARRANGEMENTS TO HAVE

MACHINES SHIPPED TO A LOCATION WHERE SOMEONE WILL BE PREPARED TO RECEIVE IT.

THE CARRIER WILL NOT LEAVE PACKAGES UNATTENDED THAT ARE MARKED FOR SIGNATURE.

Sleep Study Agreement

I authorize Practical Sleep Solutions LLC to charge my credit card account indicated below for $298. This

payment is for the Embletta Gold Home Sleep Study device that will be sent to my home for the purpose

of conducting a Home Sleep Study. I hereby agree to, and authorize the use of my credit card as a

security deposit, subject to the terms and conditions in the Practical Security Deposit Agreement. I

understand that I am personally liable for the return of the home sleep test equipment that is being sent to

my home. I hereby agree to reimburse Practical Sleep Solutions LLC if the device is not returned within a

Period of seven (7) days of when it was delivered to my home. I agree to allow anyone in my household,

over the age of 18, to sign for the device when it is delivered. I agree that I will be subject to $100

cancellation fee that will be charged to my credit card if the order is cancelled for any reason after the

device has been shipped to me. I have read and agree to all of the terms and conditions contained in the

Practical Lease Agreement. I have read and agree to the terms and conditions set forth in Security

Deposit Agreement and Lease Agreement. I authorize Practical Sleep Solutions LLC to charge the credit

card indicated in this authorization form according to the terms outlined above. This payment

authorization is for the goods/services described above, for the amount indicated above only, and is valid

for one time use only. I certify that I am an authorized user of this credit card and that I will not dispute the

payment with my credit card company; so long as the transaction corresponds to the terms indicated in

this form.

Deposit Agreement

Security Deposits in the form of Credit Card Authorizations are required for all orders and will be held until

all items are returned to Practical Sleep LLC in their original condition. If items are returned late,

incomplete, or damaged, Client will be notified and charged for rental overages, missing or damaged

items per the terms and conditions set forth in the Practical Lease and Practical Home Study

Agreements. Deposits will be run as a “Hold” on funds. If Property is returned on time, without any loss or

damages, the hold will be promptly released. If Property is lost, damaged, or returned late, Practical

Sleep LLC will attempt to notify the Client before the fees due are charged on the card, as a courtesy to

the Card Holder, but in no way is contact with the Client a requirement for charging the fees due. CC

Deposit Authorization Form I hereby agree to, and authorize the use of my credit card as a security

deposit in the amount of $1000 against loss or damage of equipment and payment for charges relating to

rentals and/or purchases from PRACTICAL SLEEP LLC. I understand that if any equipment rented is

returned in a damaged condition or service charges are not paid, PRACTICAL SLEEP LLC will submit

charges for repairs and/or service fees to my credit card. I understand that if any equipment rented is

returned damaged beyond repair or not returned for any reason by me, PRACTICAL SLEEP LLC will

prepare and submit charges to my credit card to cover any and all accrued service fees; plus replacement

costs of the equipment up to the deposit amount. I understand and agree to these terms as set forth in

this document. I hereby authorize Practical Sleep LLC to charge my credit card accordingly.