Terms and Conditions
January 1, 2012
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.
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.
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.
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.
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.
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:
13059 East Peakview Avenue
Centennial, CO 80111,
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.
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
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.
Modification and Discontinuation
We reserve the right to discontinue or modify any website at any time without prior notice.
Governing Law, Jurisdiction and Venue
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.