American Society of Sleep Medicine

Websites Terms and Conditions of Use

Effective Date: 6/4/2025

Introduction 

These are the Terms and Conditions of Use (the “Terms”) for the American Academy of Sleep Medicine (“AASM”) which includes the following entities that you may interact with:

1. AASM Foundation
2. American Board of Sleep Medicine (ABSM)
3. Sleep ISR
4. Any other AASM service provider or entity that may present this Privacy Policy to you (the “Websites”). 

Please be aware that these Terms constitute a binding legal agreement between you and AASM. 

You agree you are responsible for your use of our Websites and any resulting consequences. You may use our Websites and interact with us only in compliance with these Terms and all applicable laws. 

Your use of our Websites constitutes your acceptance of these Terms and our Privacy Policy. 

When using other AASM websites, products, or services, such as our community forums, you may be subject to any additional terms that are otherwise made available from time to time.

Eligibility Requirements

By accepting these Terms through your use of our Websites, you certify that you are at least 18 years of age or are at least 13 years of age and using the Websites with the permission and supervision from a parent or guardian.  

Representations & Warranties to AASM 

By using our Websites, you represent, warrant, and agree:

1. You meet all age and eligibility requirements expressed in these Terms;
2. You are solely responsible for the accuracy, legality, and appropriateness of your use of the Websites, including all data, files, and communications entered into the Websites, as well as the use of downloadable assets generated from the Websites; and
3. You will only use our Websites for lawful purposes.

Prohibited Uses

You agree not to use our Websites:

1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
3. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
4. To impersonate or attempt to impersonate AASM, an AASM employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
5. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Websites, or which, as determined by us, may harm AASM or users of the Websites, or expose them to liability.

Additionally, you agree not to:

1. Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Websites, including their ability to engage in real time activities through the Websites;
2. Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
3. Use any device, software, or routine that interferes with the proper working of the Websites;
4. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; 
5. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, or any server, computer, or database connected to the Websites or attack the Websites in any way; or
6. Otherwise attempt to interfere with the proper working of the Websites.

Termination of Access

Failure to abide by the above section constitutes a breach of these Terms, which may result in immediate termination of your access to the Websites. 

AASM maintains the right to suspend or disable your access to the Websites or terminate these Terms, at our sole discretion and without prior notice to you if you breach the Terms, or if AASM otherwise determines such action is warranted. AASM reserves the right to revoke your access to and use of the Websites at any time, with or without cause. AASM reserves the right to investigate and take appropriate legal action against anyone who violates these Terms. 

Websites and Availability 

We reserve the right to withdraw or amend our Websites at our sole discretion without notice. We will not be liable if, for any reason all, or any part of the Websites are unavailable, at any time or for any period. From time to time, we may restrict user access to some parts of the entirety of our Websites. 

You are responsible for both:

1. Making all arrangements necessary for you to have access to the Websites; and
2. Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them. 

Registering for an Account

In order to use or access certain Websites or features of the Websites, you may be asked to register for a user account (an “Account”) and become a registered user of the Websites (a “Registered User”). By becoming a Registered User, you agree to:

1. Provide accurate, current, and complete information about the Registered User during the registration process;

2. Maintain and promptly update such information to keep it accurate, current, and complete;

3. Maintain the security of your password and login information, and that you will not disclose your password or login information to any third party;

4. Accept full responsibility for all use of any Account you register, and for any actions that arise from or take place using your Account, whether or not you have authorized such actions or use; and

5. Immediately notify us of any unauthorized use of your Account. 

Reliance on Information Posted

The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

Our Websites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting Websites. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by AASM, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of AASM. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Updates

AASM may from time to time in its sole discretion develop and provide updates to the Websites, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that AASM has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.  You further agree that all Updates will be deemed part of the Websites and be subject to these Terms. 

Billing; Payment

Fees. Fees for any products and services (“Products and Services”) are described in the applicable Websites’ page. We may change our fees at any time, which will be effective when posted.

Payment Terms. Unless different payment terms are specified, all fees are due in full upon purchase of the applicable Products and Services.  You agree to pay interest on any delinquent amount at the rate of the maximum rate allowed by law. We will automatically charge the credit/debit card on file for your Account for any and all monies owing on your Account (including interest), for as long as your Account is open, regardless of whether or not you are using the purchased Services. You agree to pay attorneys’ fees and court costs if any amounts due to us are collected by or through an attorney or collections service.

Credit Card Processing. We use a third party payment processing service for processing credit card payments. Your use of any of these provider’s services is subject to your agreement to and continued compliance with their terms and conditions.

Recurring Charges for Subscription Services. When you pay to subscribe to the use of Products and Services, you acknowledge, agree, and accept that:

You are responsible for paying the monthly or annual fee(s) associated with your Account on the payment due date, for as long as your Account is open, regardless of whether or not you are logging into your Account or using the Products and Services.

Where you have given us credit card pre-authorization for recurring charges, we will automatically charge the credit/debit card on file for your Account for any and all monies owing on your Account, for as long as you’re Account is open, regardless of whether or not you are logging into your Account or using the Services.

When you enter or update the payment method, a temporary $1.00 transaction may appear as debited from the payment method. This temporary $1.00 transaction is a necessary authorization used to verify the payment method with your bank or financial institution and should disappear within about three days.

If we are unable to collect payment from the payment method, for whatever reason, we reserve the right to continue to attempt to collect payment from the payment method until such time as payment collection is successful or the related Account is deleted.

In no event shall we be held responsible or otherwise liable for any fee(s) assessed to you, or any other person or party, by any bank or financial institution as a result of any billing action related to your Account and/or the Products and Services.

Any chargeback(s) we receive with respect to any payment(s) collected from the payment method on your Account will result in the immediate interruption and/or termination of your Account and all associated Products and Services.

You are solely responsible for updating the payment method as changes become necessary.

We reserve the right to change the price of any of the Products and Services, at any time, with or without notice. In any case where notice is given, such notice will be sent to the email address on file for your Account. The new fees will apply starting on the next month you are charged.

We may discontinue any discount code at any time without prior notice. No discount code may be redeemed for cash or transferred. All discount codes are applicable for one-time use only.

Monthly billing statements are posted to the billing history area of your Account on the day any charge(s) occur. Monthly billing statements are also emailed to the email address on file for your Account on the day any charge(s) occur.

Refunds. We reserve the right to deliver refunds at our sole discretion. When you subscribe, you acknowledge, agree, and accept that:

1. Payments made to us prior to termination of your Account are nonrefundable.

2. An Account terminated due to noncompliance with any of our policies is not eligible for a refund for any of the Services.

3. Refunds will not be given for the time remaining in a billing cycle after Account termination that were unused.

Intellectual Property

Service Content, Software and Trademarks. You acknowledge and agree that our Websites may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by AASM, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our Websites or Service Content, in whole or in part, except that the foregoing does not apply to any of your own feedback that you legally upload to our Websites. 

The AASM name and logos are trademarks and Service marks of AASM (collectively the “AASM Trademarks”). Other AASM, product, and Service names and logos used and displayed via our Websites may be trademarks or Service marks of their respective owners, who may or may not endorse or be affiliated with or connected to AASM. Nothing in these Terms or in our Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of AASM Trademarks displayed through our Websites, without our prior written permission in each instance. All goodwill generated from the use of AASM Trademarks will inure to our exclusive benefit.

Feedback Transmitted Through Our Websites. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information unrelated to information you provide (“Feedback”), provided by you to AASM is non-confidential, and AASM will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that AASM may preserve content, and may also disclose Feedback or content if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of AASM, its users and the public. You understand that the technical processing and transmission of our Websites, including your content, may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

User Content and DMCA Takedown Requests 

To the extent our Websites contain places where you can post or submit content to be posted (“forum”), you agree to use such forum only to post content that is proper and related to the general them of the forum. By way of example, and not as a limitation, you agree that when using a forum, you shall not:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, offensive, or unlawful material or information.
3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the user owns or controls the rights thereto or has received all necessary consents.
4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer.
5. Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
6. Falsify the origin or source of software or other material contained in a file that is uploaded.
7. Advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters, or for any commercial purpose
8. Download any file that the user knows, or reasonably should know, cannot be legally distributed via these sites.

We reserve the right, but do not undertake the obligation, to remove any messages from our forum for violation of these rules or for any other reason.

AASM abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of its response, AASM may remove or disable access to material on the Websites that is claimed to be infringing, in which case, AASM will make a good-faith attempt to contact the person who submitted the affected material so that person may make a counter notification, also in accordance with the DMCA. By posting material to the Websites, the posting party represents and warrants that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants AASM and users of the Websites the nonexclusive, unrestricted, royalty-free right and license to display, copy, publish, distribute, transmit, print, and use such information or other material. Anyone who believes that material posted on the Websites infringes on his or her copyrighted work should refer to the Procedures for Requesting Removal of Infringing Material.

Linking to the Websites

You may link to our Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.  

Communications

As part of your use of our Websites, you consent to receive electronic notifications from AASM. You may opt-out of receiving certain notifications from AASM by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain transactional announcements or notifications even if you have opted-out from other messages.

Third-Party Advertising & Marketing

AASM may employ third-party advertising and marketing to deliver ads, information, and other promotions to you, both through our Websites and other mechanisms. By agreeing to our Terms, you agree to receive such advertising and marketing from AASM and our partners. If you do not wish to receive such advertising, you may opt-out with the instructions provided within the communication. AASM may compile and release information regarding you and your use of our Websites on an anonymous basis as part of a customer profile or similar report or analysis. It is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through our Websites.

Indemnity and Release

You agree to release, indemnify, and hold harmless AASM, its affiliates, and its and their respective officers, employees, directors, members, and agents from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of, or relating to, your use of the Websites and interactions with us, your violation of these Terms, or your violation of any rights of another.

Disclaimer of Warranties Related to our Websites

YOUR USE OF OUR SERVICES AND YOUR INTERACTIONS WITH US IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AASM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

AASM MAKES NO WARRANTY THAT: (I) OUR SERVICES OR OTHER INTERACTIONS WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURELY, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AASM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AASM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE, OR THE INABILITY TO USE, OUR SERVICES OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL AASM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, EXCEED THE AMOUNT YOU HAVE PAID AASM IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.

General

Modification. We may modify these Terms at any time. We will post the changes on our Websites with the effective date, and notify you of any material changes. Your continued use of our Websites or continued interactions with us after the date of any such changes become effective constitutes your acceptance of these Terms.

Governing Law. The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of the United States, where applicable, and otherwise by the laws of the State of Illinois, without regard to its principles of conflicts of laws. Any dispute arising out of these Terms shall be heard in a court of competent jurisdiction over cases and controversies arising in Chicago, Illinois.

No Waiver. The failure of AASM to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. 

Severability. In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

Claim Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of the Websites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact Us

2510 North Frontage Road

Darien, IL 60561

Phone: (630) 737-9700

Fax: (630) 737-9790

inquiries@aasm.org

Effective Date: 6/4/2025