Who we are, where to send a formal legal notice, our copyright and trademark notices, how to make a copyright complaint or a legal process request, how to report a security problem, and an index of every document we publish.
Effective
Last updated
Contents
Effective date
1The company
This website and the clinical services offered through it are operated by Sleep Balance Academy PC, an Iowa professional corporation.
We keep two addresses and they are not interchangeable. The business address is the one for anything ordinary, including anything a customer or a patient would write to us about. The legal notice address is for formal legal notice, legal process and copyright complaints only. Both are set out at the end of this document and both are labeled.
2Sending us a formal legal notice
A formal legal notice reaches us properly when all of the following are true.
it is in writing and in English
it is addressed to the legal notice address at the end of this document
it is delivered by hand, by a nationally recognized overnight courier, or by certified mail with return receipt requested
A notice should contain:
your full name, and the name of the person or company you are acting for
an address, an email address and a telephone number we can use to reply
what the notice is about, with the relevant dates and any order or account reference
what you are asking us to do
copies of anything you are relying on
A notice takes effect when it is delivered, or on the third business day after it is sent by certified mail, whichever happens first. Email is not service of a formal legal notice unless we have agreed in writing to accept it for a particular matter.
If a notice reaches us at the business address instead, or is handed to a member of our support team, it may take longer to get to the right person, but we will not argue that we never received it. Two addresses exist to route mail sensibly, not to create a way out.
We send notices to you at the email address on your account, or by post to the address on your most recent order. Keep those current.
3
Nefense is a separate company
Nefense Professional Corporation is a separate company with its own website, its own customer support and its own legal documents. It sells consumer nasal and airway hygiene products at retail. It does not provide health care and it has no patients.
If your question, notice or complaint is about something you bought from Nefense, their documents govern it and theirs are the addresses to use. Nothing on this page applies to them and nothing on their pages applies to us.
4Copyright
The text, images, photographs, video, course materials, page designs and software on our sites are owned by Sleep Balance Academy PC or by the people who licensed them to us, and are protected by copyright and other law. All rights are reserved.
You may read our pages, and print or save a copy for your own personal use. Anything beyond that needs our written permission, including copying, republishing, distributing, selling, or using our material to train a model. Asking is usually quick and we often say yes.
5Trademarks
Sleep Balance Academy, Sleep Balance and our logos are trademarks of Sleep Balance Academy PC. Nothing on our sites gives you permission to use them.
Other names, brands and logos that appear on our sites belong to the companies that own them, and appear because we sell or refer to their products. Their appearance here does not mean they endorse us or that we are connected to them beyond selling what they make.
6Copyright complaints
6.1 Sending us a notice
If you believe material on one of our sites infringes a copyright you own or represent, write to our copyright agent, marked for the attention of the Copyright Agent, at the legal notice address at the end of this document, or at support@sleepbalanceacademy.com with the words copyright complaint in the first line.
Your notice needs to include all of the following:
your signature, physical or electronic, as the owner of the right or as someone authorized to act for the owner
identification of the work you say has been infringed
identification of the material you say is infringing, and where it is on our site, in enough detail that we can find it
your address, telephone number and email address
a statement that you believe in good faith that the use is not authorized by the owner, its agent, or the law
a statement that the information in your notice is accurate and that, under penalty of perjury, you are the owner or authorized to act for the owner
A notice that is missing pieces may not be effective, and we will tell you what is missing rather than ignoring it.
6.2 What we do
We remove the material or disable access to it.
We tell the person who posted it what we have done and send them a copy of your notice.
We tell you what we did and when.
We close the accounts of people who infringe repeatedly, and we take a false or abusive notice seriously in the same way.
6.3 If your material was removed and you think that was wrong
You can send a counter-notice. It needs to include:
your signature, physical or electronic
identification of the material that was removed and where it appeared before it was removed
a statement, under penalty of perjury, that you believe in good faith that it was removed as a result of a mistake or a misidentification
your name, address and telephone number
a statement that you consent to the jurisdiction of the federal district court for the district where you live, or, if you are outside the United States, any district in which we may be found, and that you will accept service from the person who sent the original notice
We send a copy to the person who complained. Unless they tell us within 10 business days that they have gone to court to stop the activity, we may restore the material between 10 and 14 business days after we receive your counter-notice.
7Law enforcement and legal process
Send legal process to the legal notice address at the end of this document. We do not accept legal process by email, and a member of our support team cannot accept it for us.
Include the authority you are relying on, exactly what records you want, the period they cover, and a contact who can answer questions about scope.
We give information to a government agency, a court or a party in litigation only where we are required to, and only as far as the requirement reaches. We do not hand over records on an informal request.
What we record. Every request is recorded: who asked, what authority they relied on, what they asked for, what we decided, and what we actually gave them.
Patient information. Where patient information is in scope, a written analysis of whether the patient can be told is recorded before anything is disclosed.
Telling the person affected. We tell the person whose information was asked for, unless the law or a court order forbids it or telling them would put someone at risk. Where we are prevented from telling them at the time, we tell them when the restriction lifts.
A subpoena is not enough. A subpoena on its own is not enough for patient health information. The Notice of Privacy Practices sets out what is required and what we will refuse.
If we think a request is overbroad, unclear, or not supported by the authority it cites, we say so and ask for it to be narrowed before we respond.
8Reporting a security problem
If you find a security vulnerability in one of our sites or services, write to support@sleepbalanceacademy.com with the word security in the first line. Tell us what you found, how to reproduce it, and what you think someone could do with it.
We will acknowledge your report, keep you updated while we work on it, and tell you when it is fixed. We are glad to credit you if you want that, and we will not publish your name if you do not.
If you are researching in good faith, we will not pursue you and we will not ask anyone else to.
Good faith means all of the following:
you accessed only what was necessary to demonstrate the problem, and stopped as soon as you had
you did not use, keep, copy or share anyone else's data, and you deleted anything you came across
you did not degrade, disrupt or damage the service, and you did not delete or alter anything
you gave us a reasonable opportunity to fix it before telling anyone else
you did not attempt to extract payment as a condition of telling us
9Reporting a safety problem
If a product we sold you has hurt someone or could, write to support@sleepbalanceacademy.com and say so in the first line. The Product Safety and Medical Disclaimer explains what we do with a safety report.
You can also report a problem directly to the Food and Drug Administration through its MedWatch program. You do not need our permission and you do not have to tell us first.
10Every document we publish
These are the documents that govern your relationship with us. Each one is published in full, each one records the date it took effect, and you can ask us for an earlier version at any time.
Documents published by Sleep Balance Academy PC
Document
What it covers
Terms of Use and Sale
The agreement between you and us for the website, anything you buy, and access to clinical services. It contains the arbitration section and the opt-out from it.
Privacy Policy
What information we collect, why we have it, who we share it with, and the choices you have.
Notice of Privacy Practices
Your rights over your health information and how we may use and disclose it. This is the notice required by HIPAA and it governs on health information.
Consumer Health Data Privacy Notice
Health related information that HIPAA does not cover, including what browsing our store can suggest about you before you are ever a patient.
Cookie and Tracking Notice
What we store on your device when you visit, what it is for, and how long it stays.
Text Message and Electronic Communications Policy
How we contact you, the difference between messages about your care, messages about an order and marketing, and how to stop any of them.
Consent to Telehealth Care
What a remote visit with a clinician involves, what it can and cannot do, the risks, and what you are agreeing to when you accept.
Patient Rights and Responsibilities
What you can expect as a patient, and how to complain to us, to a state licensing board, or to the Office for Civil Rights.
Shipping Policy
How and when we ship, what free shipping applies to, and what happens when a delivery goes missing.
Returns and Refunds Policy
What can be returned and by when, what cannot be returned for hygiene reasons, and what we do about a defect, damage, the wrong item or a recall.
Warranty Policy
What we promise about the condition of what we send you, and how that works alongside the warranty from the company that made it.
Product Safety and Medical Disclaimer
The warnings that apply to what we sell, who should talk to a clinician first, and how to report a safety problem or an injury.
Clinical Cancellation, No-Show and Billing Policy
Notice for canceling a visit, what happens if one is missed, emergencies, and how clinical services are billed. Separate from merchandise returns.
Subscription and Auto-Renewal Terms
How a recurring order works, what you are charged and when, and how to stop it yourself.
Review and User Content Terms
Who can leave a review, the complete list of reasons one will not be published, and how the star rating is worked out.
Accessibility Statement
What we are building toward, what is in place today, what we know is missing, and how to report a barrier.
Legal Notices
This document. Formal notice, copyright and trademarks, copyright complaints, legal process, security reports, and this index.
11Rights that cannot be waived
If the law of your state gives you a right that cannot be given up by agreement, nothing we publish gives it up.
That applies to everything: our terms, any policy on this site, a receipt, an email from us, and anything a member of our staff says. Where something we wrote conflicts with a right like that, the right wins and the rest of the document still stands.
In particular, nothing we publish or ask you to accept limits your ability to complain to a government agency, including the Office for Civil Rights at the US Department of Health and Human Services, a state licensing board, a state attorney general, the Federal Trade Commission or the Food and Drug Administration. We do not make treatment, payment or enrollment conditional on giving any of that up, and nothing stops an agency from investigating us or from acting on your behalf.
12Changes to this document
We update this document when what we do changes, when the law changes, or when we find wording that is unclear. Every version is kept, and each one records the date it took effect.
How you find out depends on how much changed. A correction that does not change your rights is simply published. A change that does affect your rights is announced before it takes effect. A change that materially alters what you agreed to is not applied to you by silence: we ask you to accept it, and continuing to browse the site is not treated as acceptance.
If you want a copy of an earlier version, or want to know what changed and when, write to support@sleepbalanceacademy.com and we will send it to you.
13Contact
Where to send a formal legal noticeSleep Balance Academy PCAttention: Legal Notices
1749 Creek Wood Dr
Dubuque, IA 52004
Use the address above only for service of a formal legal notice. For everything else, including orders, returns, billing, safety concerns and privacy requests, use the contact below. A notice sent to the wrong one of these still reaches us, but it takes longer to reach the right person.
