Revised: November 4, 20151. Acceptance of Terms.
Thank you for visiting the website ziphearing.com (“Site”). The various features, content, materials, products, and services offered or available in connection with the Site (“Services”) are provided by ZipHearing, LLC (“we,” “us,” and “our”) for visitors, customers, hearing professionals, vendors, merchants, advertisers, and other individuals accessing or interacting with the Site or Services (“you”). By accessing and using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Service. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT USE THE SITE OR SERVICES.2. Healthcare Disclaimer.
The Site and Services are provided for general information only and should not be relied on as the sole basis for making decisions. We do not provide medical advice, diagnosis, or treatment and we do not make medical referrals. By accessing the Site, you acknowledge that no representation made by us or any of our representatives is an examination, diagnosis, or prescription by a person licensed to practice medicine or audiology; and therefore, any such representation must not be regarded as medical opinion or advice. If you suspect a hearing problem, we strongly urge you to consult a physician or qualified hearing professional and follow their instructions for proper use and care of hearing aids.3. Accuracy and Modification of Terms.
Although we strive to provide accurate information on the Site, certain Services offered or available through the Site (such as hearing professional participation in our network, pricing information, and product availability) are subject to change and may not be accurate, complete or current. We are not responsible if information on the Site or related to the Services is inaccurate, incomplete, or out-of-date. We reserve the right to change, modify or remove any of the terms and conditions contained in these Terms of Service at any time or for any reason at our sole discretion. However, we have no obligation to update the information on the Site. We also reserve our right to modify or discontinue all or part of the Services without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services. Any changes or modifications will be effective immediately upon posting the revised Terms of Service on the Site and you waive any right you may have to receive a specific notice of each such change or modification. Your continued use of the Site or Services after such posting means you accept and agree to be bound by the modified Terms of Service. You are encouraged to periodically review these Terms of Service to stay informed of updates.4. License to Use Site.
The Site and Services are intended for users who are at least 18 years old. Subject to full compliance with these Terms of Service, we grant you a limited, nonexclusive, nontransferable, nonassignable, revocable license to access and use the Site and Services for your general informational use only, provided that you agree NOT to:
Any use of the Site or Services other than as specifically authorized in these Terms of Service is strictly prohibited and will terminate the license granted in these Terms of Service. In addition, we reserve the right to refuse to grant access to or use of the Site or Services to any person for any reason at any time.5. Copyright Policy.
Unless otherwise indicated, the Site and Services are our proprietary property and are protected by United States and international copyright laws. All rights are reserved. Nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to remove any infringing material from the Site. If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with us by email to firstname.lastname@example.org or call us at 800-731-6794. Please see 17 U.S.C. 512(c)(3) for the requirements of a proper takedown notification. If you knowingly misrepresent in your notification that the material is infringing, you will be liable for any damages, including costs and attorney fees, incurred by us or the alleged infringer as the result of our reliance on such misrepresentation in removing or disabling access to the material claimed to be infringing.6. Trademarks.
The Services include both registered and unregistered trademarks, service marks, logos, slogans, and designs that are our property and subject to and protected by the copyright, trademark, and intellectual property laws of the United States and may not be copied, imitated, or used by you. In addition, the look and feel of the Site is our service mark, trademark and/or trade dress and may not be copied, imitated or used by you. All other trademarks, service marks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. You may browse the Site, download and print content if you keep intact all copyright, proprietary statements and trademark notices. No reproduction of any part of the Site may be distributed for commercial gain nor shall it be sold, modified or incorporated in any other work, publication, or website.7. Links.
You may not use our logo or any other proprietary graphic to link to the Site or Services; however, we permit text links to content on our Site, provided: (a) the purpose of the link is not to damage the reputation of the Site, its representatives, or users; (b) the appearance of the link does not imply an association with us or the Site that does not exist; and (c) when accessed, the link must open in full-screen, and not as a frame on the linked website. Third party websites are not under our control and we are not responsible for the quality, content, nature, or reliability of third-party websites accessible by link from the Site or websites linking to the Site. We may provide links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of any website. By using the Site or Services, you expressly relieve us from any liability arising from your use of third-party websites. When you leave the Site, you should be aware that our terms and policies will no longer apply.8. Submissions.
You acknowledge and agree that any feedback, comments, questions, suggestions, ideas, or other communication or materials (collectively, “Submissions”) regarding the Site or Services provided by you as a submission to us will become our sole property. We will own exclusive rights, including all intellectual property rights, and we will be entitled to the unrestricted use and dissemination of all Submissions for any lawful purpose without acknowledgment to you or payment of any compensation. You hereby waive your moral rights to any Submissions and you hereby warrant that any Submission is original with you or that you have the legal right to make the Submission. You agree that you will have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. We are under no obligation to use any Submission.9. User Content.
The Site includes Services in which you may create, post, share, or store content, messages, materials, data, text, and graphics within the Site (“User Content”). User Content you create, post, share, or store in interactive public areas of the Site will be viewable by other users of the Site and Services and through third party websites. You should only provide User Content in public forums that you are comfortable sharing with others under these Terms of Service. Your User Content belongs to you, subject to our rights as outlined below and you warrant your legal right to provide any User Content to the Site. You give us an irrevocable and non-exclusive license to use, reproduce, publish, distribute, modify, destroy, or otherwise use your User Content, including copies thereof, for the purposes of the Site. You agree to waive all moral rights in your User Content, and you warrant that you have not otherwise asserted moral rights to your User Content.
You are solely responsible for your use of the Services, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Site any of the following:
We take no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter on the Site. Your use of the Site and Services is at your own risk. Enforcement of the User Content or conduct rules set forth in these Terms of Service is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site or Services will not contain any content that is prohibited by such rules. As a provider of Services, we are not liable for any statements, representations, or User Content provided by users in any public forum or interactive area of the Site. Although we have no obligation to do so, we reserve our right, at our absolute and sole discretion, to remove, screen, or edit any User Content posted or stored on the Site at any time and or any reason without notice. Any use of the Site or Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site and Services. We have no obligation to monitor User Content and we reserve the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or to edit, refuse to post, or remove any information or content in our sole discretion.
Always use caution when disclosing any personally identifiable information about yourself in any User Content. We do not control or endorse the content, messages or information found in any User Content and the views and opinions expressed by users of the Site and Services do not necessarily state or reflect our views; therefore, we specifically disclaim any liability with regard to the User Content. We may maintain and store any of your User Content for as long as we operate the Site. If you want us to delete any of your User Content, please notify us by email.10. Electronic Communications.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.11. Your Warranties and Representations.
You warrant and represent that you have the right and legal capacity to agree to and comply with these Terms of Service. You affirm that you are 18 years of age or older and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and you agree to abide by and comply with these Terms of Service. Further, you warrant and represent that you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise. If you are using the Site on behalf of a third party, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to these Terms of Service. You warrant and represent that you will provide the most current, accurate, and complete information about yourself when interacting with us, the Site, or the Services. You are responsible for your use of the Site. We will not be responsible or liable for inaccurate, outdated, false, or misleading information created by you or any other user of the Site or Services. You are cautioned to independently confirm and verify the data presented by other users of the Site and Services. To the maximum extent permitted by law, you expressly waive all claims against us, our employees, and agents that may arise from your use or access to the Site.12. Disclaimer.
THE SITE AND SERVICES ARE NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR PROFESSIONAL HEARING SPECIALIST. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES OFFERED OR AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AS TO THE ACCURACY OR RELIABILITY OF THE SERVICES ACCESSED THROUGH THE SITE, WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE OR ERROR-FREE. WE EXPRESSLY DISCLAIM LIABILITY FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, TECHNICAL FAILURES, INCOMPLETE, SCRAMBLED OR DELAYED TRANSMISSIONS OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS TO USER TRANSMISSIONS BY THIRD PARTIES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES, MALWARE, DEFECTIVE SOFTWARE OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABILITY OF SERVICES AND OTHER CONTENT ON THE SITE OR ACCESSIBLE THEREFROM IS SUBJECT TO CHANGE WITHOUT NOTICE. USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.13. Advertisers.
We may accept advertisers and sponsors to display their advertisements and other information in certain areas of the Site such as, but not limited to, sidebar advertisements or banner advertisements. If you are an advertiser, you take full responsibility for any advertisements you place, and any services you provide or products you sell though those advertisements. We simply provide the space to place such advertisement and we have no other relationship with advertisers or sponsors. Advertisers represent and warrant that they possess all rights and authority to place advertisements on the Site including, but not limited to, intellectual property rights, publicity rights and contractual rights. Advertisers agree that such advertisements are subject to our DMCA Copyright Policy and take-down provisions found therein. Advertisers agree that there shall be no refund or other compensation for DMCA takedown related issues.14. Changes, Interruptions and Termination.
We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or Services any time and for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or Services. We may block, deny, terminate, suspend, or limit your access to or use of the Site or Services in our sole discretion, at any time or for any reason and without notice or liability. We have no responsibility or obligation to maintain the Services on the Site or to supply any corrections, updates, or releases in connection therewith.15. Limitation of Liability.
IN NO EVENT WILL WE OR OUR EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO US THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.16. Indemnification.
You agree to defend, indemnify, and hold us harmless, including our employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees), which arise from: (a) Your use of and access to the Site or Services; (b) your violation of these Terms of Service; (c) your violation of the rights of a third party, including by not limited to intellectual property rights; or (d) any act or omission by you related to the Site or Services.17. Privacy.
These Terms of Service and your use of the Site and Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law principles. Except for a misuse or infringement of our intellectual property, any and all disputes, controversies and claims arising out of or relating to these Terms of Service or the Services shall be settled and determined by confidential binding arbitration to be conducted in San Diego, California before a panel of one (1) arbitrator pursuant to the applicable commercial arbitration rules of the American Arbitration Association. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The arbitrator shall have the power to award damages, injunctive relief, and reasonable attorney’s fees and expenses to any party in such arbitration. YOU AGREE THAT BINDING ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR CORRELATING TO THESE TERMS OF SERVICE. THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF CALIFORNIA IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THESE TERMS OF SERVICE. YOU SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.19. Severability.
If any provision of these Terms of Service is deemed unlawful, invalid, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Service and will not affect the legality, validity, and enforceability of any remaining provisions of these Terms of Service. Our failure to enforce any particular term will not be construed as a waiver of any of our rights under these Terms of Service.20. Questions and Comments.
If you have any questions, comments, or want to report a violation regarding these Terms of Service, please call us at 800-731-6794 or send us an email to: email@example.com. We will try to address all issues to the best of our abilities.
We may collect information about you in a variety of ways. The types of information we may collect about you include:
Having accurate information about you permits us to: Increase the efficiency and operation of the Site; monitor and analyze usage and trends to improve the Site and your experience; perform the functions and Services you request or authorize; send you confirmations, receipts, updates, alerts, administrative messages, and otherwise facilitate your use of the Site or Services; request feedback and contact you about your use of the Site or Services; respond to your emails; deliver information you request or that we think may be of interest to you, such as information about various promotions.3.How We May Share Your Information.
We may share information we have about you as follows:
We do not use the Site to solicit information from or market to children under the age of 18.8. Links to Other Websites and Third Party Practices.
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.Revised November 4, 2015
At ZipHearing, LLC we may collect, use, and disclose your health information and we want to let you know about our health information privacy practices, your rights, and our obligations.Our Pledge Regarding Health Information Privacy
Our privacy practices are intended to protect individually identifiable health information that we transmit or maintain that identifies you or could be used to identify you and relates to a physical or mental health condition, the provision of health care to you or the payment of your health care expenses. This individually identifiable health information is known as “protected health information” (PHI). Your PHI will not be used or disclosed without a written authorization from you, except as described in this notice or as otherwise required or permitted by law.Permissible Uses and Disclosures of PHI Without Authorization
We may use and disclose your PHI without your written authorization in the following ways:
Other uses and disclosures of PHI not covered by this notice or by the laws that apply to us will be made only with your written authorization. If you authorize us to use or disclose your PHI, you may revoke the authorization, in writing, at any time. If you revoke your authorization, we will no longer use or disclosure your PHI for the reasons covered by your written authorization; however, we will not be able to reverse any uses or disclosures already made in reliance on your prior authorization.Your Rights Regarding PHI
Your rights regarding the PHI we maintain about you are as follows:
We reserve the right to change this notice at any time and to make the revised or changed notice effective for health information that we already have about you, as well as any information we receive in the future.Complaints
If you believe your privacy rights have been violated, you may file a written complaint with us. Alternatively, you may complain to the Secretary of the U.S. Department of Health and Human Services, generally, within 180 days of when the act or omission complained of occurred. You will not be penalized or retaliated against for filing a complaint.