Terms of Use & Privacy Policy

Consumer Terms of Use, Privacy Policy (myaudibel.com)

PLEASE READ THESE TERMS OF USE CAREFULLY.
YOUR USE OF THIS WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE. BY CLICKING “ACCEPT” BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE.

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.

PROVIDER INDEPENDENCE
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.

WEBSITE CONTENT
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
You understand that because Audibel is not a health care provider, the information you provide to Audibel through the Online Services is not protected by the federal Health Information Portability and Accountability Act and regulations promulgated thereunder (HIPAA), however, Audibel will handle your information in accordance with its Privacy Policy. All information you provide to Audibel on this website will remain a part of Audibel’s records and will not be shared with Providers unless you authorize Audibel to do so.

By agreeing to these Terms of Use you certify that you understand that Audibel may use or disclose the information you supply: (i) as set forth in its Privacy Policy, (ii) to provide you with information relating to its products and services, as well as information from third parties that Audibel concludes you may be interested in, and (iii) to Providers with whom you are associated (e.g., those you have purchased a hearing aid from or are currently receiving treatment from). You may choose to limit the manner in which you receive any communications from Audibel in the preferences section of your myAudibel.com profile.

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.

ACCOUNT SECURITY
Upon enrollment, you will establish a unique username and password (which may be changed from time to time). Your Account, username, and password are personal to you and you are responsible for maintaining the security of passwords associated with the Account you use to access the Online Services. You should never allow anyone to access your Account on your behalf. You assume responsibility for all unauthorized use of your Account username, or password, and you must promptly notify Audibel of all actual or suspected unauthorized use. To permit you to access the Online Services on behalf of a minor child of whom you are a parent or legal guardian, you may establish one or more subaccounts in connection with your Account. Any such Audibel-authorized subaccount(s) shall be deemed an Account for purposes of these Terms of Use.

ACCEPTABLE USE
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 may not distribute, modify, copy (except as set forth in these Terms of Use), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, translate, sell, reverse engineer, decompile or disassemble, or otherwise use the Online Services without Audibel’s written permission.
• 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.

ACCOUNT UTILIZATION
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.

VIOLATION OF THESE TERMS OF USE
You acknowledge that your access to the Online Services shall be immediately suspended and may be terminated if you violate any provision of these Terms of Use. You agree that a violation of these Terms of Use by you will result in irreparable injury that will entitle Audibel to obtain a court order prohibiting you from using the Online Services.

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.

LINKS
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.

ADVERTISEMENTS
Audibel may display advertisements from third parties. Such advertisements do not constitute or imply an endorsement, sponsorship, or recommendation by Audibel of the third party, the third-party advertisement, or the information in the advertisement. Audibel is not responsible for the availability of any product, service, website, or anything displayed in the advertisement, and is not responsible or liable for, any such advertisement, its content, or the privacy policy, practices, and acts or omissions of the third party associated with the advertisement.

INTELLECTUAL PROPERTY
All of the information, text, graphics, trademarks, logotypes, data and data compilations accessible through the Online Services are the property of Audibel and its suppliers and are protected by U.S. and international copyright, trademark and other intellectual property rights laws. You may use the Online Services solely for your personal, non-commercial use. If any portion of the Terms of Use is violated, the limited license for your usage of this website is automatically revoked.

DISCLAIMERS
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.

ERRORS
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.

INTERNATIONAL USE
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.

MISCELLANEOUS
LIMITATION, SUSPENSION AND TERMINATION OF USE

Audibel may refuse, limit, suspend or terminate your access to and use of the Online Services at any time, and without notice, as Audibel considers appropriate or necessary in its sole discretion, including but not limited to (i) security reasons, (ii) alleged or suspected breach of these Terms of Use, or (iii) the protection of intellectual property. Audibel may also impose limits on certain features and functions of the Online Services or otherwise restrict your access to the Online Services without notice or liability. You remain bound by these Terms of Use even after termination or suspension of your access to the Online Services. You may terminate your use of the Online Services at any time, however you will remain responsible for all charges you have incurred prior to your termination.

GOVERNING LAW
These Terms of Use will be interpreted and construed in accordance with the laws of the State of Minnesota. Any action arising out of, or relating to, these Terms of Use may be brought in courts situated in Minnesota, and you consent to the jurisdiction of such courts.

SEVERABILITY
To the extent possible, these Terms of Use will be read together with any applicable statute or rule of law. Thereafter, if any of the terms and conditions of these Terms of Use conflict with any applicable statute or rule of law, the affected terms and conditions will be deemed inoperative but the remaining portions will remain in full force and effect.

WAIVER
No failure by either party to take any action or assert any right under these Terms of Use will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right.

ENTIRE AGREEMENT
These Terms of Use and the state-specific notifications below constitute the entire agreement between you and Audibel and govern your use of the website and Online Services. These Terms of Use supersede any and all prior agreements between you and Audibel regarding your use of the website and Online Services.

CHANGES TO THESE TERMS OF USE
Please print and keep a copy of these Terms of Use. Audibel may change the Terms of Use at any time. The most current version of these Terms of Use can be accessed at any time by selecting the Terms of Use link on the bottom of any page in the Online Services. The last date these Terms of Use were updated is listed below.

You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Use and to use this website in accordance with these Terms of Use.

E-SIGN DISCLOSURE AND CONSENT
This Electronic Disclosure and Consent (“Disclosure”) applies to any privacy or other notices, disclosures, reports, documents, communications, or other records provided by Audibel or a Provider regarding the Online Services (collectively, “Notices”). By assenting to these Terms of Use, you agree that Audibel and Providers (i) may provide you with any Notices that they may choose to send or make available to you, to the extent allowed by law, in electronic form and (ii) that you have been able to read this Disclosure and have access to the software and hardware (described below) necessary to access the Notices.

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.