IMPORTANT INFORMATION ABOUT YOUR USE OF THE ONLINE SERVICES
Welcome to the myaudibel.com website (“Online Services”) which is owned and operated by Audibel, a manufacturer of hearing aids (“Audibel”) for the purpose of facilitating access to information about Audibel and its products and services.
Audibel does not provide any physician, audiology or similar medical services and nothing herein is intended as health care advice. Audiologists and hearing aid dispensers (“Providers”) are independent of Audibel. Any information or advice you receive or have received from a Provider comes from them alone, and not from Audibel and is not associated with these Online Services. Audibel shall not be liable for any damages or losses related to any medical diagnosis, treatment or professional advice obtained from a Provider.
The content on the website should not be considered medical advice. You should always talk to a Provider or other appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content on this website represents or warrants that any particular device or treatment is safe, appropriate, or effective for you. Without limitation, Audibel does not recommend or endorse any specific tests, Providers, medications, products or procedures will be appropriate for you.
EXCHANGE OF INFORMATION
ACCOUNT ENROLLMENT AND YOUR REQUIREMENTS
To access the Online Services, you must first enroll to establish an individual user account (“Account”), by providing certain information. In exchange for your use of the website and the Online Services you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account enrollment form; and (ii) each time you log on, maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the website or the Online Services or any portion thereof.
Audibel grants you permission to use the Online Services for your personal, non-commercial purposes. Your use is limited as follows:
- You will not use the Online Services for unlawful purposes, and you will comply with all applicable laws and regulations while using the Online Services.
- You will not post or transmit any threatening, false, misleading, abusive, libelous, pornographic, or profane material.
- You will not incorporate any code into the code of the Online Services or use the Online Services to post or transmit any computer code that is harmful, or may be or is intended to, damage or to monitor the use or operation of the Online Services or any other user of the Online Services.
- You will not use the Online Services to harvest or collect personally identifiable information about users of the Online Services or any other information concerning the Online Services.
- You will not allow any other person or entity to use your identification to post or view comments, or to otherwise access or use the Online Services.
- You will not infringe the copyright or other intellectual property rights of others or violate the privacy or publicity rights of others.
You must not interfere with, disrupt, or attempt to interfere with or disrupt the operation of the website through which you access the Online Services, and you must abide by the security policies adopted by Audibel. You acknowledge and agree that, for security and other purposes, Audibel may monitor utilization of your Account. We are monitoring utilization in order to ensure appropriate use of the Online Services, including, but not limited to, limitations set forth in the section titled “Acceptable Use” or as otherwise brought to our attention by a Provider.
OPERATION AND RECORD RETENTION
Audibel reserves complete and sole discretion with respect to the operation of Online Services. Audibel may withdraw, suspend or discontinue any functionality or feature of the Online Services. Audibel is not responsible to you for maintaining any data arising from use of the Online Services.
Areas of the Online Services may contain links to other websites. Please note that when you click on any of these links, you are entering another website over which Audibel has no responsibility or control. The inclusion of any link does not imply affiliation, endorsement or adoption by Audibel of the linked website or any medical or other information contained therein. You are encouraged to read the terms and conditions, data-gathering practices and privacy policies of all linked websites as they may materially differ from ours. Audibel is not responsible for any loss or damage of any sort due to the presence or use of any such links.
ACCESS TO THE ONLINE SERVICES AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. AUDIBEL DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, AUDIBEL DOES NOT WARRANT THAT ACCESS TO THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES AUDIBEL MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE ONLINE SERVICES OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF ONLINE SERVICES AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:
AUDIBEL SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY PROVIDERS.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO AUDIBEL AND THE ONLINE SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE ONLINE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USER NAME OR PASSWORD. AUDIBEL CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH ONLINE SERVICES.
IN THE EVENT OF ANY PROBLEM OR DISSATISFACTION WITH THE ONLINE SERVICES, YOUR SOLE REMEDY IS TO CEASE USING THE ONLINE SERVICES. UNDER NO CIRCUMSTANCES SHALL AUDIBEL, OR ANY AUDIBEL LICENSOR OR SUPPLIER, BE LIABLE IN ANY WAY FOR YOUR USE OF THE ONLINE SERVICES OR ANY OF ITS CONTENT.
UNDER NO CIRCUMSTANCES SHALL AUDIBEL OR ITS LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY RELEASE, INDEMNIFY AND HOLD AUDIBEL, ITS LICENSORS, SUPPLIERS AND PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ONLINE SERVICES OR YOUR BREACH OF ANY OF YOUR OBLIGATIONS.
The Online Services may contain typographical errors or other errors or inaccuracies and may not be complete or current. Audibel reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Audibel does not guarantee that any errors, inaccuracies or omissions will be corrected.
The Online Services are designed for and intended for users in the United States. Audibel makes no representation that the information and services provided on the Online Services are applicable to, appropriate for, or available outside the United States. Accessing the Online Services from territories where the content is illegal is prohibited.
LIMITATION, SUSPENSION AND TERMINATION OF USE
E-SIGN DISCLOSURE AND CONSENT
All Notices that Audibel or a Provider elect to provide to you in electronic form will be provided either (i) via e-mail to the address that you provided upon enrollment or (ii) by posting the Notice on the website by which you access the Online Services. The delivery of any Notice is effective when sent, regardless of how it is delivered to you, whether you read the Notice when you receive it, or whether you actually receive the delivery.
Consent is a condition to the use of Online Services. If at any time you decide to withdraw your consent, you may do so by canceling or discontinuing your use of the Online Services. Should you subsequently resume use of the Online Services, you will be deemed to have ratified your original consent.
Audibel may treat the provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive Notices in electronic form. Audibel will not impose any fee to process the withdrawal of your consent to receive Notices in electronic form; however, your access to and use of the website and Online Services may be terminated. Any withdrawal of your consent to receive Notices in electronic form will be effective only after we have a reasonable period of time to process your withdrawal.
In order to access, view, and retain electronic Notices that Audibel makes available to you, you must: (i) have access to an Internet service account, (ii) an e-mail account (and any necessary e-mail software), and (iii) have access to a personal computer, operating system, and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Notices received from Audibel in electronic form via a plain text-formatted e-mail or by access to the website using your Internet browser application (e.g., Internet Explorer, Firefox, Safari).
Audibel will not send you a paper copy of a Notice which is available electronically unless you request it, or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Notice by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Notice to you. To request a paper copy, call us at 1-800-328-8602. Audibel may charge you a reasonable service charge, of which we will have provided you prior notice, for the delivery of paper copies of any Notice provided to you electronically pursuant to this authorization. Audibel reserves the right, but assumes no obligation, to provide a paper (instead of electronic) copy of any Notice that you have authorized us to provide electronically.
All Notices in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Disclosure and any other Notice that is important to you.
You acknowledge and agree that your consent to electronic Notices is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and Audibel both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
Audibel reserves the right, in its sole discretion, to discontinue the provision of your electronic Notices, or to terminate or change the terms and conditions on which it provides electronic Notices. Audibel will provide you with notice of any such termination or change as required by law.