C.
Agreement not transferable
1.
You acknowledge that the right to use this Web site is personal
to you and is not transferable by assignment, sublicense, or any
other method to any other person or entity, except upon the express
written consent of Otologics. Any attempt to transfer such rights
without the express written consent of Otologics is void and shall
constitute a breach of these Terms of Use.
D.
Use of bulletin boards, chat rooms, and other communication forums
1.
This Web site may include bulletin boards, chat rooms, or other
message or communication facilities. You are solely responsible
for any information you post in any forum made available in, on,
or through this Web site. This Web site shall be used for lawful
purposes only. No material shall be posted in, on, or through
this Web site that violates or infringes in any way upon the rights
of others, that is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane,
indecent, reflects negatively on Otologics, or is otherwise objectionable,
gives rise to civil liability, or otherwise violates any law,
or that encourages conduct that would constitute a criminal offence.
This Web site shall not be used to solicit other persons to become
users of services competitive to Otologics. Advertising or commercial
solicitation may only be posted in, on, or through this Web site
with Otologics's express prior approval and solely in accordance
with the terms and conditions imposed by Otologics regarding advertising
and commercial solicitation on this Web site. If Otologics is
notified that a message posted in, on, or through this Web site
violates the legal rights of others or the stated guidelines for
posting messages, Otologics shall have the right, but not the
obligation, to remove the message. Such a posting will also constitute
breach of these Terms of Use.
2.
You agree not to upload, post, or otherwise make available any
material protected by anyone else’s copyright, trademark,
or other proprietary right on this Web site, without the express
permission of the owner of the copyright, trademark, or other
proprietary right. The burden of determining that any material
is not protected by anyone else’s copyright, trademark or
other proprietary right rests on you. You shall be solely liable
for any damages resulting from any infringement of anyone else’s
copyrights, trademarks, proprietary rights, or any other harm
resulting from any uploading, posting, or submission.
3.
You agree not to upload files to this Web site that contain viruses,
corrupted files, or other similar software or programs that may
damage the operation of another person's computers, software,
web sites, or network. You will be solely responsible for damages
arising from any claims that files posted by you caused damage
to the operation of another person's computer, software, web sites,
or network.
4.
You acknowledge that forums, unless expressly stated otherwise,
provided by this Web site are public and not private communications.
Otologics shall have the right, but not the obligation, to monitor
the content of the forums to determine compliance with these Terms
of Use and any other operating rules established by Otologics.
You also acknowledge that chats, postings, conferences, and other
communications by other users are not endorsed by Otologics. Otologics
reserves the right in its sole discretion to edit, refuse to post,
or remove any material submitted to or posted in, on, or through
this Web site. Without limiting the foregoing, Otologics shall
have the right to remove any Content posted by users in, on, or
through this Web site, including without limitation bulletin board
postings, that Otologics, in its sole discretion, finds to be
in violation of the provisions of these Terms of Use, otherwise
objectionable, or stale. Furthermore, Otologics reserves the right
to deny in its sole discretion your access or any other person's
access to this Web site or any portion thereof without notice.
E.
Disclaimer of warranties and limitation of liability
1.
USE AT OWN RISK. YOU AGREE THAT USE OF THIS WEB SITE, ANY CONTENT
POSTED ON THIS WEB SITE AND ANY PRODUCT OR SERVICE THAT YOU MAY
OBTAIN FROM OTOLOGICS THROUGH THIS WEB SITE ARE AT YOUR OWN RISK,
AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED
WITH YOUR USE OF THIS WEB SITE AND ANY SUCH CONTENT, PRODUCTS
OR SERVICES, INCLUDING WITHOUT LIMITATION RESPONSIBILITY FOR ALL
COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY
EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEB SITE
AND ANY CONTENT.
2.
WARRANTY DISCLAIMER. THIS WEB SITE AND ALL CONTENT IS PROVIDED
TO YOU ON AN “AS IS, AS AVAILABLE” BASIS, AND OTOLOGICS
MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, SYSTEM
INTEGRATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OTOLOGICS DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF THIS WEB SITE OR AS TO THE COMPLETENESS,
ACCURACY, CURRENCY OR RELIABILITY OF ANY INFORMATION PROVIDED
THROUGH THIS WEB SITE, OR THAT USE OF THIS WEB SITE AND THE CONTENT
WILL BE UNINTERRUPTED OR ERROR-FREE.
The
Content contained on this Web site is provided by Otologics as
a service. This Web site does not contain all information that
may be relevant to hearing loss issues in general or to your or
any other individual's situation in particular. All Content provided
on this Web site is only general information regarding hearing
loss issues and is intended only to facilitate communication between
you and your hearing care or other professional healthcare provider.
Content provided on this Web site is not intended as and cannot
provide either a diagnosis of a specific problem or condition
or a specific recommendation of the appropriate treatment. Content
provided on this Web site should not be used as a substitute for
seeking professional hearing care or other care. All specific
questions you may have about your hearing loss condition, treatment,
care or diagnosis should be presented to your own professional
hearing care or other professional healthcare provider. Otologics
is not liable for any personal injury, including death, caused
by your reliance on or your use or misuse of any information presented
or contained on this Web site.
Except
if expressed and unambiguously stated otherwise, Otologics does
not in any way endorse, operate, control or assume responsibility
for any information regarding any services offered or provided
by any third party, which or who may be listed on or linked to
this Web site including any hearing care centre or service provider,
which or who may be listed on or linked to this Web site.
This
Web site may include Content provided by third parties and users.
For any and all such Content, Otologics is a distributor and not
a publisher. Otologics has no more editorial control over such
Content than does a public library or newsstand. Any opinions,
advice, statements, services, offers or other information expressed
or made available by third parties (including hearing care centres
and other professional hearing care service providers and other
merchants and licensors) are those of the respective authors or
distributors of such Content and not of Otologics.
When
using this Web site, information will be transmitted over a medium,
which is beyond Otologics's control and jurisdiction. Accordingly,
Otologics assumes no liability for or relating to the delay, failure,
interruption or corruption of any data or other information transmitted
in connection with the use of this Web site.
3.
Disclaimer of damages. IN NO EVENT SHALL OTOLOGICS HAVE ANY LIABILITY,
WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
STRICT LIABILITY AND NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL,
COLLATERAL, DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO
OR USE OF THIS WEB SITE, EVEN IF OTOLOGICS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO
LIABILITY IN CONNECTION WITH RELIANCE BY ANY PARTY ON ANY CONTENT
OBTAINED THROUGH USE OF THIS WEB SITE, MISTAKES OR OMISSIONS IN,
OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER,
INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THIS WEB SITE,
OR VIRUSES.
F.
Indemnification
1.
You agree to indemnify and hold Otologics harmless from and against
any and all claims, damages, obligations, losses, liabilities,
costs or debt and expenses (including but not limited to attorney's
fees) arising from your use of this Web site or any Content or
from your violation of these Terms of Use or any third party's
rights including but not limited to copyright, property and privacy
rights. This indemnification and hold-harmless obligation will
survive these Terms of Use and your use of this Web site. With
respect to any investment advice which it may provide, Otologics
shall not be liable for any loss or damage arising out of or based
upon any act or omission by it, unless Otologics has acted with
willful or reckless misconduct, bad faith, gross negligence or
has violated applicable law. Nothing in this paragraph shall be
construed as a waiver or limitation of any rights, which you may
have under applicable law.
G.
Links to third-party sites
1.
This Web site may contain links to other web sites operated by
parties other than Otologics. Such links are provided for your
convenience only, and access to any other web sites linked to
this Web site is at your own risk. Otologics does not endorse,
warrant or guarantee any information, product or service offered
by a third party through any linked web site, and disclaims all
liability with respect to your access of any linked web site.
You should refer to the policies posted on such third party web
sites regarding privacy and other topics before using such web
sites. Otologics is not responsible for the availability of these
external sites nor is it responsible for any of the content, advertising,
products, or other materials on such external sites. Any concerns
regarding any external link should be directed to its respective
web site operator.
H.
Privacy
Please
click here to review our Privacy Policy.
I.
Copyright and limitations on use
1.
The Content made available through this Web site by Otologics
is the property of Otologics and/or Otologics's licensors and
is protected by copyright and other applicable laws. As between
you and Otologics, Otologics owns all rights in this Web site.
Otologics invites you to view, use and download a single copy
of this Web site for your personal, non-commercial use. Using
this Web site to evaluate whether to enter into a business relationship
with Otologics or to purchase Otologics products shall not constitute
commercial use for the purposes hereof. In addition, Content may
be displayed and printed for your personal, non-commercial use
only if you include the following copyright notice: "Copyright
© 2003 Otologics, LLC. All rights reserved." and any
and all other copyright and proprietary rights notices which were
contained in the Content. You agree not to retransmit, distribute,
disseminate, sell, publish, broadcast, license or circulate the
Content to anyone, including but not limited to others in the
same company or organization, without the express prior written
consent of Otologics.
2.
Any use of the Content or the design or layout of this Web site
not expressly permitted by these Terms of Use is a breach of these
Terms of Use and may violate copyright, trademark, and other laws.
Content and features are subject to change or termination without
notice in the editorial discretion of Otologics. All rights not
expressly granted herein are reserved to Otologics and its licensors.
3.
If you violate any term of these Terms of Use, your permission
to use the Content automatically terminates and you must immediately
destroy any copies you have made of any portion of the Content.
Otologics reserves the right to seek all remedies available at
law and in equity for violations of these Terms of Use or any
other rules or regulations set forth in this Web site, including
the right to block access from a particular Internet address to
this Web site.
4.
You expressly grant to Otologics the royalty free, perpetual,
irrevocable, non-exclusive, world-wide license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform, display and sublicense any message posted
in, on, or through this Web site (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media, or
technology now known or later developed.
J.
Trademarks
1.
"Otologics", "Middle Ear Transducer", "MET",
"Button", and "OtoFit" are trademarks of Otologics,
LLC. All rights reserved. Any unauthorized use of any Otologics
trademark, service mark or logo may be a violation of United States
or foreign trademark laws. All other trademarks appearing on this
Web site are the property of their respective owners, including,
in some instances, Otologics. Reproduction, in whole or in part,
is prohibited without express prior written permission of the
trademark owner.
K.
Links
1.
You agree that any link from a web site that you own, control,
or author in part or in full, to this Web site shall be exclusively
to www.otologics.com and to no other web page within this Web
site. You agree that any links to this Web site must be a text-only
link marked “Otologics Web site.” You agree that you
shall make no link from a web site that you own, control, or author
in part or in full, if that web site contains any material that
violates or infringes in any way upon the rights of others, that
is unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane, indecent, reflects
negatively on Otologics, or is otherwise objectionable, gives
rise to civil liability, or otherwise violates any law, or that
encourages conduct that would constitute a criminal offence. You
agree that the appearance, position and other attributes of the
link may not be such as to damage or dilute the goodwill associated
with Otologics’ names and trademarks, and may not create
the false appearance that your organization or entity is sponsored
by, affiliated with, or associated with, Otologics. You agree
that when selected by a user, the link must display this Web site
on full-screen and not within a “frame” on the linking
web site. Otologics reserves the right to revoke its consent to
link at any time and in its sole discretion.
L.
Employment Opportunities
1.
Otologics is committed to the principles of equal employment opportunity.
Applicants are considered for all positions without regard to
race, sex, sexual orientation, color, religion, national origin,
age, disability (so long as such disability can reasonably be
accommodated) or any other status protected by applicable law.
Otologics encourages all qualified applicants to apply.
M.
Location, Governing law
1.
This Web site is operated by Otologics from its offices within
the United States. Otologics makes no representation that the
information in this Web site is appropriate or available for use
in other locations, and access to this Web site from territories
where this Web site or any Content may be illegal is prohibited.
Those who choose to access this Web site from other locations
do so on their own initiative and are responsible for compliance
with applicable local laws. These Terms of Use, the performance
thereof and any and all matters arising directly or indirectly
herefrom or therefrom shall be construed, interpreted, applied
and governed in all respects in accordance with the laws of the
State of Colorado, without reference to choice of law rules.
©
2003 Otologics LLC. All rights reserved.
