Terms of Use

1. Acceptance of These Terms

These Terms of Use govern your access to and use of stuartsleep.com (the “Site”), operated by Stuart Sleep (“Stuart Sleep,” “we,” “us,” or “our”). By using the Site you agree to them. If you do not agree, please do not use the Site.

These terms work alongside our Privacy Policy, which is incorporated here by reference.

2. Medical Emergencies

3. No Medical Advice

The content on this Site — including descriptions of sleep disorders, symptoms, testing methods, treatment options, and any frequently asked questions — is provided for general educational and informational purposes only. It is not medical advice, and it is not a diagnosis, a treatment recommendation, or a substitute for consultation with a qualified healthcare professional who has examined you and knows your history.

Never disregard professional medical advice, or delay seeking it, because of something you read on this Site. Do not start, stop, or change any treatment or medication based on this Site.

Sleep disorders vary widely between individuals. General information cannot account for your medical history, comorbidities, medications, or circumstances.

4. No Doctor–Patient Relationship

Using this Site, reading its content, or contacting us through it does not create a doctor–patient relationship between you and Stuart Sleep, Dr. Richard Herstein, or anyone else associated with the practice.

A doctor–patient relationship is established only after you have been formally accepted as a patient, completed the required intake, and been evaluated by a clinician. Until then, no clinical duty arises from anything on this Site or from any general correspondence.

5. Communications With Us

The Site offers two kinds of form: a contact form, which appears on our Contact page and on certain other pages where you can request an appointment, and a physician referral form. Both collect contact details only. Neither is a secure channel, and neither may be used to send health information — whether your own or a patient’s. You may also reach us by phone, text, or email using the details published on the Site.

We aim to respond to messages within one business day, but response times are not guaranteed and no message should be treated as received until we confirm it.

6. Accuracy of Content

We work to keep the Site accurate and current, and sleep medicine changes. Content may become outdated, may contain errors or omissions, and may be revised or removed at any time without notice.

Descriptions of tests, treatments, credentials, availability, and turnaround times reflect our understanding at the time of writing and are not promises about what will apply to your care.

7. Fees, Estimates, and Insurance

Any prices, price ranges, savings figures, or cost comparisons shown on the Site are general illustrations, not quotes, and they are not an offer of care at a stated price. Comparative cost statements describe typical differences in the market generally, not a guaranteed outcome for you.

What you actually pay depends on the services you receive, your insurance coverage and benefits, your deductible and co-insurance, and your medical circumstances. Insurance participation and coverage rules change.

For an estimate that applies to you, contact the practice directly. Verifying your own benefits with your insurer before scheduling is always worthwhile.

8. Financing and Third-Party Services

The Site describes and links to Cherry, an independent patient financing company. Cherry is not affiliated with Stuart Sleep beyond that arrangement.

Stuart Sleep is not a lender, does not make credit decisions, does not set interest rates or payment terms, and does not control approval. If you apply, you contract with Cherry, not with us, and Cherry’s own terms and privacy policy govern that relationship. Approval is not guaranteed, and any terms shown on our Site are subject to change by Cherry.

We are not responsible for the products, terms, decisions, or information handling of Cherry or any other third-party service referenced on the Site.

9. Testimonials and Results

Any patient testimonials or reviews shown on the Site reflect the individual experiences of the people who gave them. They are not a guarantee, warranty, or prediction of the outcome of your own evaluation or treatment.

Individual results vary. Outcomes depend on the specific condition, its severity, adherence to treatment, and other factors that differ from person to person.

10. Intellectual Property

The Site and its contents — text, graphics, logos, photographs, layout, and design — are owned by Stuart Sleep or its licensors and are protected by copyright, trademark, and other laws.

You may view, download, and print pages from the Site for your own personal, non-commercial reference. You may not otherwise reproduce, republish, distribute, modify, or create derivative works from the Site without our prior written permission. The Stuart Sleep name and logo may not be used without permission.

11. Acceptable Use

You agree not to:

• use the Site for any unlawful purpose, or in a way that violates these terms;
• attempt to gain unauthorized access to the Site, its servers, or any connected system;
• interfere with the Site’s operation, security, or availability, including by introducing malicious code or placing an unreasonable load on it;
• use automated means to scrape, harvest, or collect content or data from the Site except as permitted by our published robots directives; or
• impersonate Stuart Sleep or misrepresent your affiliation with us.

12. Links to Other Websites

The Site links to websites we do not operate. Those links are provided for convenience and do not imply endorsement, sponsorship, or any assurance about the linked site’s content, accuracy, security, or privacy practices. Once you leave the Site, these terms no longer apply.

13. Disclaimer of Warranties

The Site and its content are provided “as is” and “as available,” without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, or that any defect will be corrected.

14. Limitation of Liability

To the fullest extent permitted by law, Stuart Sleep and its owners, clinicians, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, revenue, profits, or goodwill, arising out of or relating to your use of — or inability to use — the Site, whether based in contract, tort, negligence, strict liability, or any other theory, and whether or not we were advised of the possibility of such damages.

Nothing in these terms limits or excludes liability that cannot be limited or excluded under applicable law, and nothing in these terms applies to, limits, or alters any duty or liability arising from the provision of medical care to a patient of the practice.

15. Indemnification

You agree to indemnify and hold harmless Stuart Sleep and its owners, clinicians, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Site, your violation of these terms, or your violation of any right of another party.

16. Governing Law and Venue

These terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these terms or the Site will be brought exclusively in the state or federal courts located in Martin County, Florida, and you consent to the jurisdiction of those courts.

17. Changes to These Terms

We may revise these terms at any time. Revisions take effect when posted, and we will update the “Last updated” date at the top of this page. Your continued use of the Site after a revision means you accept it.

18. General

If any provision of these terms is found unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will stay in full force. Our failure to enforce any provision is not a waiver of it.

These terms, together with the Privacy Policy, are the entire agreement between you and Stuart Sleep regarding the Site.