Terms of Use
Posted: December 18th 2025: In effect on: June 1st 2020
1. ACCEPTANCE OF TERMS OF USE
This is an agreement between Tn Lung And Sleep Center (“Company”, “We”, “Our”, or “Us”), the service provider of TNLUNGANDSLEEP.COM (the “Site”), and you (“User”, “you”, or “your”), a user of the Site. By using the Site, you acknowledge and agree to these Terms of Use and the Privacy Policy. If you choose not to agree with any of these terms, we recommend not using the Site.
2. CHANGES TO THE TERMS OF USE
(a) Right to Change Terms.
The Company reserves the right, at its sole discretion, to change these Terms of Use (“Updated Terms”) from time to time.
(b) Notice of Updated Terms.
Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by posting them on the Site.
(c) Acceptance of Updated Terms.
Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Use and any Updated Terms before using the Site.
(d) Effective Date of Updated Terms.
The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
3. USE OF SITE
(a) License.
During the term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable license to access the Site for your personal and non-commercial use in accordance with the Terms of Use.
(b) Intellectual Property Rights.
The design, trademarks, service marks, and logos on the Site (“Marks”), are owned by, licensed, or granted permission to the Company, subject to copyright and other intellectual property rights under the United States, foreign laws, and international conventions. The Company reserves all rights not expressly granted in and to the Site. You agree not to engage in the use, copying, or distribution of any of the Site other than expressly permitted.
(c) User Conduct.
You may not engage in any of the following prohibited activities:
- copying, distributing, or disclosing any part of the Site in any medium outside those provided by the site, including without limitation by any automated or non-automated ‘scraping’.
- using any automated system, including without limitation ‘robots’, ‘spiders’, ‘offline readers’, etc., to access the Site
- transmitting spam, chain letters, or other unsolicited emails
- attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site,
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Site infrastructure,
- uploading invalid data, viruses, worms, or other software agents through the Site,
- collecting or harvesting any personally identifiable information, including account names, from the Site,
- using the Site for any commercial solicitation purposes,
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,
- interfering with the proper working of the Site,
- accessing any content on the Site through any technology or means other than those provided or authorized by the Site, or
- bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
4. SITE SERVICES
TN Lung And Sleep Center may be using all, or a combination, of the features outlined below. By using any of these features, you represent and warrant that you (1) are not currently restricted from the Site, (2) will only provide accurate information to the Site, (3) that you have permission to enter into these Terms of Use and associated Privacy Policy and they will not conflict with any other agreements you are entered into, and (4) will only use the Site as intended and in compliance with all applicable laws.
You also acknowledge that your use of the Site is independent of any agreement you may have with the Provider and that these Terms of Use hold precedence as it pertains to your use of the Site. Please refer to the specific feature’s section below for details.
(a) Patient Account Home
Some Site features require a login to access due to the confidential and protected information that can be accessed. These protected features include but are not limited to patient billing, immunizations, insurance coverage, and more. We pull these features together into an Account Home for your convenience. By accessing and using these features, you agree to keep your account and login information confidential and not share them with others. For details about your other obligations when creating an account, see Section 5 – Your Account.
(b) Communication
By creating an account on the Site, we automatically enroll you in email communications and text messages if you provide a cell phone during enrollment. You can change these settings at any time from your account page on the Site.
If you turn texting off, you will no longer receive automated notifications but may still receive manually created messages from the Provider. You can also opt-out of messages altogether by texting “STOP” to the text message you received from the Site. If you do, you will no longer receive any text messages, even if you requested them. If you would like to opt-in again, please text “START” to the number you previously texted “STOP” to. Note that it may take up to 48 hours for the update to take effect.
You give the Company permission to, on behalf of the Provider, send you information regarding your account via email and SMS text messaging to the number and email you provided. These messages may include automated messages like account notifications or appointment reminders and manually generated messages. Both email and SMS text messaging are not considered secure delivery methods. You acknowledge and accept the liability that any communication sent over email or SMS text messaging may not be secure. You also acknowledge that notifications from the Site may include limited protected health information, and whoever has access to your mobile device or email account will also have access to this information. Note that message and data rates from your mobile carrier may apply. You are solely responsible for all message and data charges that you incur.
(c) Payment Processing
You give us permission to save your payment methods on the Site and to use them to process payments you authorize, including future scheduled and recurring payment transactions. You can permanently remove any saved payment methods from your account.
We will use our best efforts to process all your payment authorizations promptly and accurately. However, we shall incur no liability if we are unable to complete any payments initiated by you because of the existence of circumstances outside our control, such as but not limited to:
- Your account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit of your overdraft account
- You have not provided us correct names or account information
- Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper transmission of your payment authorization, and we have taken reasonable precautions to avoid those circumstances.
When we receive payment authorization, you authorize us to charge your designated account and remit funds on your behalf so that the funds arrive as close to the business day specified by you as reasonably possible. While it is anticipated that we will complete most transactions within twenty-four (24) hours of the time designated, it is understood that due to circumstances beyond our control, particularly delays in handling and posting payments by slow responding companies or financial institutions, some transactions may take more than a single day to process. For this reason, it is recommended that all payment authorizations be scheduled for at least three (3) business days before the given due date. If you properly follow the procedures described herein, and we fail to process payment authorizations in a timely manner, you will not be responsible for any late charges or penalties. In any other event, including, but not limited to, sending a payment authorization less than three (3) days before the actual due date, you bear the risk of incurring and the responsibility for paying any and all late charges or penalties the Provider may apply. See Section 9 – Fees for more details.
(d) Cost Estimation
The Cost Estimator (“Estimator”) is intended to be a resource for you to help inform you and your family about the costs of care provided at TN Lung And Sleep Center. The information provided on the Estimator is just an estimate and does not constitute an agreement.
(e) Insurance Eligibility and Verification
You give us express permission to save your insurance information and periodically verify it directly with your insurance company or through a third party. There is no cost to you or impact to your coverage from running these periodic verifications. We will save and retain your insurance information, including coverage details received from your insurer, for use within the Site and by your Provider.
(f) Schedule Requests
TN Lung And Sleep Center has your permission to save any information you enter into the Site for the purposes of requesting an appointment. You also permit the Provider to contact you regarding your request. By submitting a schedule request, you are in no way guaranteed to be seen; the Provider retains their sole right of refusal according to their policies.
(g) Registration
During the registration and associated check-in processes, you will have the opportunity to review and update Protected Information. If any inaccuracy is shown, you are responsible for accurately updating your information either through the Site if applicable or directly to the Provider.
(h) Patient Forms
The Site may use an electronic signature field requiring you to draw your signature or an attestation field that you type your name into (hereafter referred to as “e-signature”). By agreeing to these Terms of Use, you (1) agree to use the e-signature process, (2) understand that your e-signature is legally binding, (3) that you have read the forms in their entirety, (4) that you are authorized to sign for and enter into the Agreement for all persons that the form references, and (5) by submitting your e-signature, you are electronically signing the form which constitutes your acceptance and agreement as if actually signed by you in writing.
For your convenience, some forms give a summary description of the form’s content with the full text available through a clickable link. By giving your e-signature, you are stating that you have read and agree to all the information presented, both the summary and the full text attached through the clickable link.
You may be asked to fill out forms or questionnaires (hereafter referred to as “Screener”) that ask you about your physical, mental, or emotional state. THESE SCREENERS WILL BE USED AS PART OF YOUR TREATMENT AND CARE PLAN BY THE PROVIDER. IT IS CRITICAL TO YOUR HEALTH THAT YOU ANSWER THEM HONESTLY AND TIMELY. NEITHER TN LUNG AND SLEEP CENTER NOR YOUR PROVIDER IS RESPONSIBLE FOR ANY ACTIONS BASED ON FALSE INFORMATION YOU KNOWINGLY GAVE IN THE SCREENER.
SUBMITTING A SCREENER IS NOT A METHOD FOR REQUESTING URGENT MEDICAL CARE. THERE IS NO GUARANTY THAT THE SCREENER WILL BE REVIEWED BY A MEDICAL PROFESSIONAL TRAINED TO HANDLE SUCH CONCERNS AND IN A TIMELY MANNER. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY LIKE CHEST PAIN OR SHORTNESS OF BREATH, PLEASE CALL 911 OR CONTACT A MEDICAL PROFESSIONAL DIRECTLY.
5. YOUR ACCOUNT
(a) Account Creation
You must complete the registration process by providing the Company with current, complete, and accurate information as prompted by the applicable registration process. You also will choose a password and a username. By creating an account and accessing the Site, you authorize us to establish and maintain your account information, including usernames, passwords, and account settings.
(b) Responsibility for Account
You are entirely responsible for keeping your username and password to the Site secure and confidential. You agree not to share your account or use another User’s account. You also agree to be solely responsible for any and all activities that occur under your account. If you have reason to suspect your account has been or could be used without your authorization, you agree to notify the Company or Provider immediately.
(c) Liability for Account Misuse
The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
(d) Use of Other Accounts
You may not use anyone else’s account at any time. To access protected information, each User needs to create their own account. To help keep you compliant with this, multiple Users can link to the same patient data. So as an example, instead of creating a joint family account that both parents use to manage their children’s information, each parent can create their own account to view their children’s data.
6. LINKED ACCOUNTS
For verification and security regarding linking a User’s account with another patient(s), the User acknowledges and gives permission for the Company and the Provider to manage account linking rights and may add/remove account linking at their sole discretion. For your convenience, the Site may use the account information you entered to compare to the patient data from the Provider to suggest patients for the User to link to. When the Site suggests a patient, the User will still be required to confirm they can access the suggested patient’s account by entering the suggested patient’s date of birth. By confirming the link in this manner, the User confirms that they are legally authorized to access the suggested patient’s data.
The User further acknowledges and gives permission for the Site to display the User’s contact information to other Users linked to the same patient account.
7. ACCOUNT SECURITY
TN Lung and Sleep Center cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
8. DATA SECURITY
(a) Compliance
TN Lung And Sleep Center takes reasonable actions in its collection, access, use, storage, disposal, and disclosure of your data, whether provided by you or Provider (collectively referred to as “Customer Data”). We comply with all applicable federal and state privacy and data protection laws, as well as all other applicable regulations and directives, including those set forth by the Health Insurance Portability and Accountability Act (“HIPAA”) and Health Information Technology for Economic and Clinical Health Act (“HITECH”).
(b) Safeguards
Without limiting TN Lung And Sleep Center obligations under this section, TN Lung And Sleep Center shall implement administrative, physical, and technical safeguards to protect Customer Data that are no less rigorous than accepted industry practices and shall ensure that all such precautions, including how Customer Data is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws, as well as the terms and conditions of this Agreement. TN Lung And Sleep Center further agrees to use a third-party payment processor that meets the Payment Card Industry Data Security Standard (“PCI DSS”).
(c) At Minimum
TN Lung And Sleep Center safeguards for the protection of Customer Data shall include:
- Securing paper files, servers, backup systems, and computing equipment, including but not limited to, other equipment with information storage capability
- Implementing network, device, application, database, and platform security
- Securing data transmission, storage, and disposal
- Encrypting highly-sensitive Customer Data, including any Protected Health Information (PHI) stored by the Software
- Implementing appropriate personnel security and integrity procedures and practices
9. FEES AND REFUNDS
(a) ACH Reject, NSF, Returned Check Fee, or Chargeback Handling Fee
The Provider may, at their sole discretion, charge fees for bounced or disputed payment activity. On behalf of the Provider, the Company may assess these fees to your account on the Site. You may delete scheduled payments at any time. However, this does not absolve you from your payment responsibilities to the Provider.
(b) Late Charges and Penalties
At their sole discretion, the Provider may apply late charges, penalties, fees, interest, or any other additional fees to your account at any time. You will be responsible for paying these fees, and they will be added to your account balance due. On behalf of the Provider, the Company may assess these fees to your account on the Site.
(c) Payment Refunds
Credit balances created by customer payments are reviewed regularly to determine if a refund is due to the customer. If no other outstanding account balance is identified, the Provider will issue a refund for the credit balance amount. TN Lung And Sleep Center does not directly manage User refunds for any purpose. If you have reason to dispute a transaction processed through the Site, it is your sole responsibility to contact the provider to settle the dispute.
(d) Fee and Refund Processing
The Company may process Fees and Refunds as outlined in this section without prior notice. All such transactions shall be completed by the Provider through one of the payment methods on file on the Site or by check. If by check, the Provider will send the refund via a check to your address on file.
10. USER CONTENT
(a) Content Ownership
You retain all ownership rights to the content you upload to the Site.
(b) Content License
By submitting content to Site, you grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Site and the Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
11. LINKS
The Site may contain links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for: (1) the availability or accuracy of such websites or resources, or (2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your access and use of any such websites or resources.
12. THIRD-PARTY CONTENT
Through the Site, you will have the ability to access and/or use content provided by third parties, with significant portions of the data and content used in the Site coming from the Provider. The Company cannot guarantee that such third-party content will be free of error. The Company disclaims any responsibility or liability related to your access or use of any third-party content.
13. SMS TERMS AND CONDITIONS
SMS Consent Communication
The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.(a)Types of SMS Communications
If you have consented to receive text messages from TN Lung and Sleep Center, you may receive messages related to the following:Appointment reminders, Appointment changes, Follow-up messages, Billing inquiries and response to medication/medical questions and concerns.
Example:
“Hello, this is a friendly reminder of your upcoming appointment with Dr. [Rupan/Dr. Kona] at [135 W 3rd St, Cookeville TN] on [Dec 31, 2025] at [09:40AM]. You can reply STOP to opt out of SMS messaging from Ring Central at any time.”(b) Message Frequency
Message frequency may vary. You may receive up to 2 SMS messages per week related to your appointments or account status.(c) Potential Fees for SMS Messaging
Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.(d) Opt-In Method
You may opt-in to receive SMS messages from TN Lung and Sleep in the following ways:
- Verbally, during a conversation
- By filling out a paper form
(e) Opt-Out Method
You can opt out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.(f) Help
If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at (insert the link).Additional Options:
If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.(g) Standard Messaging Disclosures
Message and data rates may apply.
You can opt out at any time by texting “STOP.”
For assistance, text “HELP” or visit our Privacy Policy and Terms and Conditions pages.
Message frequency may vary.
14. PRIVACY
For information about how the Company collects, uses, and shares your data, please review our Privacy Policy. You agree that by using the Site, you consent to the collection, use, and sharing (as outlined in the Privacy Policy) of such information, including the transfer of this information to the United States or other countries for storage, processing, and use by the Company.
15. ELECTRONIC NOTICES
You acknowledge and agree that all notifications or other communications we provide you electronically meet any legal requirements for communications delivered in writing. You also agree that any electronic communications you are sent are considered received by you on the date we transmit them.
16. COPYRIGHT POLICY
(a) Company Copyrighted Material
The TN Lung And Sleep Center names and logos are owned exclusively by the Company. They may not be copied, imitated, or used, in whole or in part, without the Company’s prior written permission. In addition, all page headers, custom graphics, button icons, scripts, service marks, trademarks, and trade dress of the Company may not be copied, imitated, or used, in whole or in part, without prior written permission from the Company. Note that the Provider’s names, logos, and images used on the Site belong solely to the Provider and are used with their permission.
(b) Other Parties Copyrighted Material
The Company respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- identification of the copyrighted work claimed to have been infringed
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
- your contact information, including your address, telephone number, and an email address
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
17. TERMINATION
(a) Termination upon Notice
Either party may terminate this Agreement at any time by notifying the other party.
(b) Termination by the Company
The Company may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including breach of this Agreement. In particular, the Company may immediately terminate or suspend accounts that have been flagged for fraud or other illegal activity.
(c) Termination by the User
The User may request to terminate their account at any time and for any reason or no reason, including breach of this Agreement. Requests to terminate are to be made to the Provider directly. Please allow up to five (5) business days for the Provider to process the request.
(d) Effect of Termination
Upon termination of your access to or ability to use the Site, your right to use or access the Site will immediately cease.
(e) Survival of Provisions
This Agreement’s provisions that by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to the Company, Provider, or any other third party.
18. DISCLAIMERS
THE CONTENT, INFORMATION, AND PROCESSES INCLUDED IN OR THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SERVICES AND CONTENT OF THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, AVAILABILITY, THAT IT WILL OPERATE IN AN UNINTERRUPTED ERROR-FREE OR SECURE MANNER, OR IS FREE OF ALL VIRUSES OR HARMFUL COMPONENTS. YOU EXPRESSLY AGREE TO USE THE SITE AT YOUR OWN RISK.
If any of the terms or provisions of these Terms of Use are found to be unenforceable, the remaining terms and provisions shall remain in force. The terms or provisions found to be unenforceable shall be replaced by such enforceable terms or provisions that come closest to the intention of the original term or provision.
19. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law in no event shall the Company be liable for:
(a)
any direct, special, indirect, or consequential damages, or
(b)
any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in action, in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including without limitation any damages caused by or resulting from reliance by User on any information obtained from Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.
20. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliated companies, their officers, directors, employees, contractors, and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in a settlement arising from or relating to the use of the Site. The Company may assume the exclusive defense and control of any matter for which users have agreed to indemnify the Company. You agree to assist and cooperate with the Company in the defense or settlement of any such matters.
21. ARBITRATION
(a) Claim Procedure
For any dispute you have with the Company, you agree first to contact the Company and attempt to resolve the dispute informally through the Feedback or support processes found on the Site and the Company’s website. If no resolution was agreed on and arbitration is requested. In that case, the requesting party must first send written notice of the dispute to the other party by U.S. Mail or similar courier service, unless no physical address was given, in which case electronic mail will suffice. The notice must describe the nature of the claim or dispute and the requested relief sought. We each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to this Agreement by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
(b) Arbitration Location
Unless you and the Company agree otherwise, the arbitration will be conducted in Putnam County, TN. However, if both parties agree, arbitration can take place through electronic virtual means such as phone and video conferencing.
(c) Arbitration Fees
Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules.
(d) Injunctive Relief
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Site.
(e) Class Actions
All claims must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Unless the Company agrees otherwise, the arbitrator may not consolidate more than one person’s claims.
(f) Waiver of Jury Trial
You agree that, by entering into these terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action.
22. GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of the State of TN, without regard to its conflict of laws rules.
23. FORCE MAJEURE
The Company will not be liable for any delay or failure to perform its obligations under this Agreement because of fire, earthquake, flood, explosion, strike, riot, war, terrorism, pandemic or disease outbreak, government acts or restrictions, internet failure, ransomware attack, or similar event beyond that party’s reasonable control (each a “Force Majeure Event”).
24. HEADINGS
The descriptive headings of the sections and subsections are for convenience only and do not affect this Agreement’s construction or interpretation.
25. FEEDBACK
We welcome any comment, question, or feedback you may have. Please send all communications to tnlungandsleepcenter@outlook.com