Effective Date: August 12, 2019
Lofta Business Overview
Lofta is a Durable Medical Equipment (DME) Provider licensed in certain states to dispense durable medical equipment to facilitate the treatment of sleep disordered breathing ("SDB") as directed by a licensed physician. Lofta may provide through various means helpful information on sleep apnea, the use of CPAP devices, and other topics within its scope as a DME Provider. The information shared by Lofta should never be construed as the practice of medicine. LOFTA DOES NOT PROVIDE PATIENT EVALUATIONS, DIAGNOSIS, CARE AND/OR TREATMENT. Lofta should never be relied upon as a substitute for or resource in place of a licensed medical practitioner.
Lofta is here to help customers sleep better and enable them to treat their obstructive sleep apnea. However, since obstructive sleep apnea is a medical condition, there are certain activities that Lofta can do and certain activities that Lofta cannot do. Here's an overview:
What Lofta Does:
- Provides helpful information on sleep health, obstructive sleep apnea, and other forms of sleep disordered breathing
- Under the direction of a client's physician, Lofta administers home sleep tests and provides results back to physician for interpretation
- Provides client support through the purchase process of durable medical equipment related to obstructive sleep apnea, including CPAP machines and related supplies, in accordance with physician prescriptions
- Provides support, encouragement, fitting tutorials, and sleep data to clients
What Lofta Does Not Do:
- Diagnose clients with sleep apnea
- Write prescriptions for home sleep tests or durable medical equipment
- Interpret results from home sleep tests
- Perform any medical service, emergency or routine, for clients
- Enter into Physician-Patient relationship with clients
Engagement with Contracted Independent Physicians
While Lofta does not engage in the practice of medicine, as a convenience to our clients and in order to provide them access to a comprehensive path of diagnosis and treatment, Lofta may facilitate an introduction to a group of licensed physicians with whom clients may establish an independent physician-patient relationship. Lofta is not party to these relationships. However, through its websites, Lofta may make accessible to its clients contact with Contracted Independent Physicians. Contracted Independent Physicians have no affiliation with Lofta other than to facilitate specific aspects of the Lofta diagnostic path that constitute the “practice of medicine.” As an added convenience to its clients, Lofta may allow clients to pay for these specified services from Contracted Independent Physicians on its websites. In these cases, the entirety of the amount client pays for said services is routed to the Contracted Independent Physicians. Lofta has no financial interest in Contracted Independent Physicians and has no control over operational elements such as pricing decisions, physician selection, or licensing/compliance matters. Lofta in no way influences medical directives made by Contracted Independent Physicians and Contracted Independent Physicians are in no way compensated financially or otherwise by Lofta for any services or medical directives that Contracted Independent Physicians provides (other than passing on payment for services that come directly from Lofta clients). Further, should you choose to engage with a Contracted Independent Physicians doctor you should understand the following:
- Any relationship between a Lofta client and a physician working for Contracted Independent Physicians is at the discretion of the client.
- Lofta is not party to any physician-patient relationship that may be established between its clients and a Contracted Independent Physicians (or any other) doctor.
- Should you rely on services from a Contracted Independent Physicians doctor, this in no way obligates you to further engage with Lofta or limits your personal healthcare choices.
- The fees paid to Contracted Independent Physicians are set regardless of diagnosis or directives disallowing for undue influence or conflict of interest.
- When Lofta, through its websites, serves as a conduit between you and Contracted Independent Physicians in order for you to pay for medical services rendered by Contracted Independent Physicians, Lofta will provide full transparency as to how the disposition of funds is reconciled between Lofta and Contracted Independent Physicians.
- Your reliance on the services of Contracted Independent Physicians is solely at your own risk and you assume full responsibility for all risk associated therewith. Lofta does not make any warranties about the training or skill of any Contracted Independent Physicians healthcare provider (or any other provider).
- As an alternative to Contracted Independent Physicians, Lofta is happy to take direction from a licensed physician with whom our clients have already established a relationship.
All services provided, including the advertisement, ordering, sale, delivery, instruction, and set up of the products, are performed solely by lofta.com and independently of the manufacturer.
Medical Emergency Disclaimer
DO NOT USE THIS WEBSITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
General Medical Disclaimers
THE CONTENT (AS DEFINED BELOW) AVAILABLE THROUGH THIS WEBSITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. LOFTA DOES NOT GIVE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THIS WEBSITE DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP. NONE OF THE INFORMATION ON THE WEBSITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG, THERAPY OR OTHER TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. FURTHER, A HEALTHCARE PROVIDER'S ABILITY TO USE OUR SERVICES IS NOT AN ENDORSEMENT OR RECOMMENDATION OF THAT HEALTHCARE PROVIDER BY LOFTA.
Your reliance upon information and Content obtained by you at or through this Website is solely at your own risk. Neither we nor providers of content to us ("Content providers") assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content.
Lofta is not a healthcare provider. The content on the Website is designed to support, not replace or intervene in, the relationship that exists between you and your healthcare provider. While the Website may provide access to certain general information regarding sleep disordered breathing and sleep wellness, the Website cannot and is not intended to provide medical advice. Content is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Website. We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.
Medicare and Medicaid Disclaimer
Notice to Medicare and Medicaid Beneficiaries. Medicare and Medicaid will pay for medical equipment and supplies only if a supplier has a Medicare or Medicaid supplier number. Lofta does not have a Medicare or Medicaid supplier number. Medicare or Medicaid will not pay for any medical equipment and supplies we sell or rent to you. You will be personally and fully responsible for payment.
Private Insurance Disclaimer
Lofta is a cash-only seller of durable medical equipment related to the treatment of sleep disordered breathing. We do not, under any circumstance, bill insurance companies directly and do not make any representation as to whether or not your private insurance company will cover the services or products we provide. You are financially responsible for all products and services purchased on this website. Lofta does accept funds from Health Savings Accounts and Flexible Savings Accounts.
Intellectual Property Rights
Authorized and Prohibited Uses:
Registrations and Passwords:
At times, we may or may not require you to have a password and provide registration details to access this Website or portions of this Website. To the extent that we do require a password and registration details, the details you provide must be correct, current and complete. If Lofta believes that the details are not correct, current and complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website, and you are fully responsible for all activities that occur under your password(s). Lofta shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Lofta, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.
Any Lofta software that is made available to download from this Website (Software) is the copyrighted work of Lofta or its affiliates or suppliers. The Software is made available for downloading solely for your use pursuant to the end user license agreement (EULA) applicable to the Software, and any reproduction or redistribution of the Software other than as permitted in the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. In addition, downloading Software is prohibited if you are visiting this Website from any of the countries to which the export of software is prohibited by the U.S. Department of Commerce. Copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
The information that is downloaded from this Website for or on behalf of the Government of the United States of America and/or its agencies ("US Government") is provided with Restricted Rights. Use, duplication or disclosure by the US Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.
Compliance with the Digital Millennium Copyright Act
Lofta respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the Content 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 the information reasonably sufficient to permit Lofta to locate the Content. Information reasonably sufficient to permit Lofta to contact the complaining party;
- A statement that the complaining party has a good faith belief that the use of the Content 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, please contact Lofta at:
Lofta Copyright Division
7661 Girard Avenue, Suite 230
La Jolla, CA 92037
Access Arrangements and Fees:
Your use of this Website must be in accordance with any and all procedures, forms, formats, displays and operating times, which may be determined, specified or modified by Lofta in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Website. At this time, we do not charge a fee to use this Website (but not including any subscription-based or other services offered within, which will be the subject of a separate agreement), but we reserve the right to impose or modify fees in connection with use of this Website (or portions of this Website) at any time without liability. Payment of any such fees will be due and payable 30 days from the date of invoice unless otherwise agreed by you and Lofta or unless otherwise required by Lofta. Lofta will endeavor to issue a general notice on this Website with regard to any imposition of fees or modifications to this Website.
Unless otherwise agreed between you and Lofta, no link shall be made to any page of this Website. In such cases, any link to this Website must be immediately followed by notice to Lofta via email at email@example.com. Moreover, in such cases, if Lofta deems your linking practices in relation to this Website to be inappropriate, Lofta may choose to delete the link or to provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of Lofta relating to such notice.
Access to Website:
While it is Lofta's objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Lofta, access to the Website may be interrupted, suspended or terminated from time to time. Lofta shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, Content, hours of availability and equipment needed for access or use.
You agree not to submit any User Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.
You agree to comply with all applicable laws in connection with your use of this Website.
Unsuitable Content and Conduct:
User shall not engage in, conduct or submit to this Website any User Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive or otherwise objectionable. User shall not cause damage, embarrassment or adverse publicity to Lofta.
Functional Compatibility and System Abuse:
Your Cooperation and Notification:
THIS WEBSITE, ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN "AS IS" BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. LOFTA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability and Remedies:
LOFTA'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH LOFTA (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. LOFTA AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH LOFTA. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF LOFTA HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LOFTA AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. LOFTA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF LOFTA WILL BE LIMITED TO, IN THE SOLE DISCRETION OF LOFTA, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED BY LOFTA FROM YOU.
Third Party Sites
This Website may contain as a convenience to you, content, links and other information submitted by third parties over whom Lofta has no control or responsibility, as well as translations thereof which Lofta may arrange. Lofta has no obligation to monitor, control or restrict the use of this Website, or third-party websites accessible via links on this Website. These other sites are not under Lofta's control, and you acknowledge that (whether or not such sites are affiliated in any way with Lofta) Lofta is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Lofta or any association with its operators.
Separate Terms and Conditions
Dispute Resolution; Applicable Law and Forum
Lofta reserves the right to refuse to do business with any individual that is threatening or abusive to Lofta team members at the sole discretion of Lofta management.