1. Plex® Pre-Order. Thank you for your interest in placing a pre-order for the Plex® Sleep Scanner (“Pre-Order”). By making your pre-order, you will secure an approximate priority for taking delivery of your Plex® Sleep Scanner. Please read the following Terms & Conditions (“Terms”) carefully. By placing a pre-order, you agree to be bound by these Terms.
    2. Delivery. Somnology, Inc. (“Somnology”, “we”, or “us”) currently expects to begin manufacturing of the Plex® in early-2020, and to start deliveries shortly thereafter. We will provide periodic updates on the expected start of manufacturing and delivery windows as manufacturing nears, by way of postings on our website and/or emails to you.
    3. Effective Date. Your pre-order becomes effective when (1) you have placed your request for a pre-order and (2) we receive your pre-order fee of US $100 (the “Pre-Order Payment”). Payment may be made online or by PayPal to Somnology, Inc., at our corporate address, below.
    4. Order Process. While your Pre-Order secures the approximate delivery priority, it does not constitute the purchase or order of a Plex®. When the start of production for your Pre-Order nears, we will ask you to complete your purchase of your Plex® Sleep Scanner, and its associated subscription to Somnology’s proprietary sleep scoring algorithm and online services for storage and analysis of your sleep data (the “Service”).
    5. Purchase Agreement. In connection with your purchase of the Plex® Sleep Scanner and Service subscription, you will receive a purchase agreement indicating the final purchase price of the product, estimates of any applicable taxes and delivery charges, and additional terms and conditions of sale, which you will be required to accept in order to purchase the Plex® Sleep Scanner and Service subscription. If you proceed with the order we will apply your Pre-Order Payment and 10% discount towards the initial order payment.
    6. No Interest. You understand that we will not hold your Pre-Order Payment separately or in an escrow or trust fund or pay any interest on your Pre-Order Payment.
    7. Cancellation and Refund. Until you enter into a Purchase Agreement, your Pre-Order may be canceled at any time by written notice to our email or physical address provided below, in which case you will receive a full refund of your Pre-Order Payment.
    8. Your Personal Information. From time to time, we may ask you to provide additional information so that we can perform our obligations under these terms and conditions. You agree to provide such information upon our reasonable request for such information. We will maintain your personal information in accordance with our Privacy Policy, which is available at https://www.somnologymd.com, to which you hereby agree.
    9. Third Party Payment Processor. We may employ the use of third party services for the purposes of facilitating payment and the completion of your purchases. You grant us the right to provide your information to these third parties, subject to our Privacy Policy.
    10. Changes. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we believe that a revision to these Terms is material, we will provide at least 30 days’ notice prior to such revision taking effect. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
    11. Governing Law, Waiver, Entire Agreement. These Terms shall be governed and construed in accordance with the laws of California, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding your Pre-Order and supersede any prior agreements we may have had between us regarding the subject matter hereof.
    12. Contact Us. If you have any questions about these Terms, please contact us at info@somnologymd.com, or our address at 493 Seaport Court, Suite 102, Redwood City, CA 94063.