Terms of Use
Terms of Use
Effective August, 2005
Terms of Use
Welcome to the Hearing Loss Education (“Website”). This Website is controlled, operated and administered by Cochlear Americas, a
You may browse the Website for personal entertainment, information, and United States Users may order our products.
Third Party Websites
As a convenience to you, we may provide, on this Website, links to Websites operated by other entities. If you use these Websites, you will leave this Website. If you decide to visit any linked Website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We make no warranty or representation regarding, and do not endorse, any linked Websites or the information appearing thereon, or any of the products or services described thereon.
Changes
Cochlear reserves the right, at our sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Changes in this Agreement will be effective when such changes are posted on this Website. Your continued use of the Website after any changes to this Agreement are posted will be considered acceptance of those changes.
Choice of Law and Jurisdiction
Cochlear makes no representation that any materials on this Website, including, but not limited to, text, images, audio, or video, (collectively, “Materials”) are appropriate or available for use at any locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials in violation of
Communications and Member Forums
This Website may include mailing lists, bulletin boards, chat rooms, and other forums (collectively, “Member Forums”) which allow feedback to us and real-time interaction between registered users of this Website (“Members). We do not control the messages, information or files delivered to Member Forums. The information or comments posted In the Member Forums are opinions of the writers, and do not necessarily represent the position of Cochlear. It is a condition of your use of the Member Forums and this Website that you do not:
- restrict or inhibit any other user from using and enjoying the Member Forums;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene , vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- post or transmit any information, software or other Material which violates or infringes the rights of others, including Material which is an invasion of a third party’s privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
- post or transmit any information, software or other Material that contains a virus or other harmful component;
- post, transmit or in any way exploit any information, software or other Material for commercial purposes or which contains advertising; or
- post or transmit any Materials deemed by Cochlear as offensive or personally attacking in nature, and, which, in general, do not represent the collegial atmosphere intended for these Member Forums.
You understand that we may choose to monitor the Member Forums from time to time, although we have no obligation to do so. Because we are unable to review all postings prior to transmission to the Member Forums, and we do not undertake to review all such postings even after such transmission, we assume no liability for any postings in the Member Forums. You take sole responsibility for the content of your postings.
We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request. At any time, we may refuse to post or remove any information or Materials, in whole or in part, for any reason, including without limitation, information or Materials that in our sole discretion are objectionable or in violation of these Terms of Use. You understand that we may terminate your ability to participate in the Member Forums at any time without prior notice to you.
No confidential relationship shall be established in the event that you make any oral, written or electronic response to us (such as feedback, questions, comments, suggestions, ideas, etc.) or post comments on the Member forums. Such response and any information submitted therewith shall be considered non-confidential, and we shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to us is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary rights
Complaints Regarding Materials
We cannot guarantee the content or accuracy of any Materials on the Website, and cannot guarantee that such Materials will be free of viruses or other undesirables. If you object to any Materials posted in or transmitted to the Member Forums or elsewhere on the Website for any reason, or if you believe that any such Materials violate the intellectual property or other rights of any third party, you may notify Cochlear by sending an e-mail to info at cochlear.com. Your e-mail should contain:
- your name, e-mail address, and address or telephone number, so that Cochlear may contact you with questions about your complaint; and sufficient information for Cochlear to be able to locate and identify the Materials about which you are complaining.
In addition, if you are alleging copyright infringement by any Materials on the Website, please submit the following information:
- sufficient information for Cochlear to be able to identify the copyrighted work;
- a statement by you that you have a good faith belief that there is no legal basis for the use of the Materials complained of;
- a statement under penalty of perjury of the accuracy of your notice to Cochlear, and that you are authorized to act on behalf of the copyright owner; and
- your physical or electronic signature.
Cochlear may, in its sole discretion, decide what action to take, if any, in response to complaints regarding Materials on the Website.
Indemnity
You agree to defend, indemnify, and hold Cochlear, its officers, directors, employees, and affiliates harmless from and against any claims, actions or liabilities and settlements including, without limitation, reasonable legal and accounting fees resulting from, or alleged to result from your violation of the Terms of Use and Privacy Policy or from claims made by third parties, including claims regarding ownership, copyright, plagiarism, slander, libel, rights abuse, right to submit, or privacy violation.
Copyright
With respect to Material you submit (the "Work), you grant us the royalty-free, non-exclusive worldwide right to reproduce, distribute, perform, and display the Work or any part thereof, in any and all media or form of communication whether now existing or hereafter developed.
Disclaimer of Warranties
THE MATERIALS ON THE WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. WE MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE WEBSITE AT ANY TIME WITHOUT NOTICE.
THE WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE OR THE SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN OR ON THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, AND EXPRESSLY DISCLAIM ANY WARRANTIES OR GUARANTEES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY SERVICES ON THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COCHLEAR SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
Limitation of Liability
AS A CONDITION OF USE OF THE WEBSITE, YOU AGREE THAT NEITHER COCHLEAR NOR ANY OF ITS SUBSIDIARIES (THE "COMPANY"), NOR ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT OR EMPLOYEE OF THE COMPANY WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, EXPENSE, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM OR ARISING FROM YOUR RELIANCE ON THE WEBSITE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, NON-DELIVERIES, MIS-DELIVERIES, TRANSMISSIONS, OR EAVESDROPPING BY THIRD PARTIES.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, $100.00.
THE LIMITATIONS SET
