Terms and Conditions
WEBSITE TERMS OF USE
January 1, 2012
These Terms of Use
These Website Terms of Use ("Terms of Use") govern your use of this website.
This website is for use by U.S. residents only. By using this website, you represent that you are at least eighteen (18) years old and a United States resident.
Your Consent
PLEASE REVIEW THESE TERMS OF USE CAREFULLY. BY ACCESSING AND USING THIS WEBSITE, YOU CERTIFY
THAT YOU UNDERSTAND AND AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF
USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST CLOSE THIS WEBSITE
IMMEDIATELY AND YOU MAY NOT USE THIS WEBSITE.
Changes to These Terms of Use
These Terms of Use may be updated and/or changed at any time and without
prior notice, by posting the revised version. Any changes will be effective as
of the date the revised Terms of Use are posted. Your use of this website following any such update,
modification or change constitutes your agreement to be bound by the revised
Terms of Use. You should review these
terms and conditions frequently for any updates.
You may access the current version of these Terms of Use at any time by
clicking on the link marked "Terms of Use" at the bottom of each page
of the website.
These Terms of Use were last updated on January 1, 2012.
Website Ownership
This website has been developed by Cochlear Americas (“Cochlear” or “Cochlear Americas”). For additional information concerning Cochlear Americas, including its products and services, click here.
Click-Through Agreements
These Terms of Use may be supplemented or amended by the terms of a
"click-through" or "online" agreement. If special terms and
conditions apply, you will be asked to expressly consent to them, for example,
by checking a box or clicking a button marked "I agree." The terms
and conditions of any such "click-through agreement" will supplement
and amend these Terms of Use, but only with respect to the subject matter of
the "click-through agreement."
Not Medical Advice
This website contains information about implantable hearing solutions and
hearing health and wellness. However, this website is not intended to be, nor
may it be, used in place of medical advice. Please read this important notice
carefully:
THE CONTENT OF THIS WEBSITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES,
ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS
(COLLECTIVELY, "CONTENT") IS NOT INTENDED TO BE AND SHOULD NOT BE
USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL
PROFESSIONALS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER
MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT
PACKAGING OR LABEL. THE WEBSITE CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE.
SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR
PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY,
CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL
ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON
THIS SITE, AND YOU SHOULD NOT USE THIS CONTENT FOR DIAGNOSING OR TREATING A
HEALTH ISSUE. ADDITIONALLY THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN
WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES
NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER
HEALTHCARE PROFESSIONAL RELATIONSHIP.
Your Feedback
We welcome your comments, feedback, suggestions, and other communications
regarding this website (collectively, "Feedback"). Any Feedback you
provide to us through our website and through email, verbal communications and any
other methods will be and remain the exclusive property of Cochlear Americas,
and we may use such Feedback in any manner we deem appropriate without
providing notice or compensation to you, and without seeking your permission.
By providing Feedback, you are deemed to have assigned to Cochlear all
worldwide rights, title and interests in your Feedback, including all
copyrights and other intellectual property rights in your Feedback. This means,
for example, that we can use your comment or idea to modify or improve the website,
or to make changes to our products or services, or in any other way we want
without restriction, and we do not have to compensate you. For this reason, you
must not provide us with any Feedback that you do not wish us to use.
Our Online Privacy Policy
Our Online Privacy Policy describes how we protect your privacy when you
use this website. To review our Online
Privacy Policy, click here.
Ownership
As between you and us, Cochlear owns and reserves all rights, title and
interests in this website, including all of the software and code that comprise
and operate this website, and all of the Content of this website. This website
and the Content we and others provide are protected under trademark, service
mark, trade dress, copyright, patent, trade secret and other intellectual
property laws. In addition, the entire Content of this website is a collective
work under U.S. and international copyright laws and treaties, and we own the
copyright in the selection, coordination, arrangement and enhancement of the
Content of this website.
We hereby grant you a limited, revocable, non-sublicensable license to download
and print copies of any portion of the Content of this website to which you
have properly gained access, but only for your own personal, non-commercial
use, and only if you do not remove, modify or obscure any copyright, trademark,
or other proprietary notices from such Content. The foregoing license is
subject to these Terms of Use and does not include the right to use any data
mining, robots or similar data gathering or extraction methods. This license is
revocable at any time without notice and with or without cause.
You may not and you may not permit others to copy, distribute, perform or
display publicly, prepare derivative works based on, broadcast, exploit or use
any part of the Content on this website except as expressly provided in these
Terms of Use without our prior written permission. Any use of this website,
including the Content of this website, other than as specifically authorized in
these Terms of Use is strictly prohibited and will terminate the license
granted herein. Such unauthorized use may also violate applicable laws including
copyright and trademark laws and applicable communications, regulations and
statutes.
Nothing in these Terms of Use shall be construed as transferring any right,
title or interest in this website to you or anyone else, except the limited
license to use this website on the terms expressly set forth herein.
Copyright Agent to Receive Notice of Claimed Copyright Infringement
If you have reason to believe any part of the Content of this website
infringes the copyrights of others, or that any link on this website links to
infringing materials, please notify our Copyright Agent immediately using the
contact information provided below. It is our policy to investigate any
allegations of copyright infringement brought to our attention. We reserve the
right in our sole discretion to immediately suspend and/or terminate access to this
website by any user who is alleged to have posted infringing materials or a
link to infringing materials on this website and to immediately remove or
disable the allegedly infringing Content or link.
Notice of Claim of Copyright Infringement. If you are
the copyright owner (or are authorized to act on behalf of the copyright
owner), please notify our Copyright Agent immediately if you believe that (a)
any Content displayed on this website infringes your copyright or (b) any link
posted on this website links to materials that infringe your copyright. As soon
as we receive your notice of claimed infringement, in the form described below,
we will promptly remove or disable access to the materials that are claimed to
be infringing (or the subject of infringing activity). Your notice must be in
writing and must include the following:
- a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
- a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material on the website;
- enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address;
- a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the "copyright owner"), an agent for the copyright owner, or by law;
- a statement that all of the information you have provided is accurate; and
- a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Your notice must be signed (physically or electronically) and must be addressed as follows:
Copyright Agent
Cochlear Americas
Street Address:
13059 East Peakview Avenue
Centennial, CO 80111,
Phone: 1-800-523-5798
Fax: 1-303-524-6824
E-mail: copyright@cochlear.com
Trademarks
The trademarks and service marks used or displayed on this website
("Trademarks") are registered and unregistered trademarks of members
of the Cochlear family of businesses or third parties. You may not use any
Trademarks displayed on this website without the prior express written
permission of Cochlear Americas or the trademark owner.
Non-Commercial Use
This website may not be used in connection with any commercial purposes,
except as specifically approved in writing by Cochlear Americas. Unauthorized
framing of or linking to this website is prohibited. Commercial advertisements,
affiliate links, and other forms of solicitation may be removed from this
website without notice and may result in termination of access privileges.
Links to Third-Party Websites
This website may contain links to other websites owned by third parties
(such as, advertisers, affiliate partners, strategic partners, or others). We
are not responsible for examining or evaluating, and we do not warrant the
products or offerings of, any of these businesses or individuals, or the
accuracy of the content of their websites. We do not assume any responsibility
or liability for the actions, product, and content of any such websites. Before
you use any third party website, you should review the applicable terms of use
and policies for such websites. The inclusion of a link in this website does
not imply our endorsement of such third party website. If you decide to access
any such linked websites, you do so at your own risk.
Disclaimer of Warranties
YOUR USE OF THIS WEBSITE AND ALL OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, IS AT YOUR SOLE RISK. THIS WEBSITE, AND ALL OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, COCHLEAR, THE COCHLEAR FAMILY OF BUSINESSES, AND ITS AND THEIR RESPECTIVE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE, THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, YOUR USE OF THIS WEBSITE, OR ANY WEBSITES TO WHICH THIS WEBSITE ARE LINKED, INCLUDING ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COCHLEAR, THE COCHLEAR FAMILY OF BUSINESSES, AND ITS AND THEIR RESPECTIVE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS, DO NOT REPRESENT OR WARRANT THAT (A) THIS WEBSITE OR THE CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) THE CONTENT IS ACCURATE, COMPLETE, CURRENT; OR RELIABLE; (D) YOUR CONTENT, COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA WILL NOT BE DELETED, LOST, MISDELIVERED, OR CORRUPTED; (E) NO VIRUSES OR OTHER HARMFUL CODE WILL BE TRANSMITTED TO YOU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COCHLEAR, THE COCHLEAR FAMILY OF BUSINESSES, OR
ITS AND THEIR RESPECTIVE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND
SERVICE PROVIDERS, HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY
LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY
TO USE THIS WEBSITE, INCLUDING THE CONTENT, PRODUCTS AND SERVICES MADE
AVAILABLE THROUGH THIS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND
DAMAGES OF ANY KIND WHATSOEVER (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL,
CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL
THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COCHLEAR OR ANOTHER MEMBER OF
THE COCHLEAR FAMILY OF BUSINESSES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER
REMEDIES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (AND ANY OTHER
PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR
LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE
DOLLARS ($5.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF
DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT
APPLY TO YOU.
Indemnity
You agree to indemnify and hold harmless Cochlear Americas as well as its
parents, subsidiaries and affiliates and its and their respective, officers,
directors, employees, agents, licensors and service providers, from any and all
third party claims, losses, liability, damages, losses, costs and expenses
(including reasonable attorneys’ fees and costs) arising from your breach of
these Terms of Use. We will notify you promptly of any such claim, liability,
loss, cost or expense.
Modification and Discontinuation
We reserve the right to discontinue or modify any website at any time
without prior notice.
Interpretation
As used in these Terms of Use, the term "including" means
"including, but not limited to."
Waiver
Cochlear’s failure at any time to require performance of any provision of
these Terms of Use or to exercise any right provided for herein shall not be
deemed a waiver of such provision or such right. All waivers must be in writing.
Unless the written waiver contains an express statement to the contrary, no
waiver by any of us of any breach of any provision of these Terms of Use or of
any right provided for herein shall be construed as a waiver of any continuing
or succeeding breach of such provision, a waiver of the provision itself, or a
waiver of any right under these Terms of Use.
Severability
If any provision of these Terms of Use is held by a court of competent
jurisdiction to be contrary to law, such provision shall be changed and
interpreted so as to best accomplish the objectives of the original provision
to the fullest extent allowed by law and the remaining provisions of these
Terms of Use shall remain in full force and effect.
Governing Law, Jurisdiction and Venue
These Terms of Use shall be governed under the laws of the State of
Colorado without regard to its conflicts of law provisions. All actions or
proceedings arising out of or relating to these Terms of Use shall be venued
exclusively in state or federal court in Denver County, Colorado. By viewing
this website, you hereby irrevocably consent and submit to the personal
jurisdiction of said courts for all such purposes.
Entire Agreement
These Terms of Use as supplemented or amended by any applicable Privacy
Notices or "click-through agreement," contain the entire
understanding and agreement between the parties with respect to this website
and supersede all previous communications, negotiations and agreements, whether
oral, written, or electronic with respect thereto.
Limitations on Actions
To the maximum extent permissible under the law, you agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of this website must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
Questions About These Terms of Use
If you have any questions regarding these Terms of Use, please contact us
by email at support-cam@cochlear.com,
or by mail at Cochlear Americas, 13059 East Peakview Avenue, Centennial, CO
80111, Telephone 1-800-523-5798 Attn: Compliance Officer.