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Web Site Terms and Conditions
Welcome to the www.hearinghealthfoundation.org web site (the “Site”) provided by Hearing Health Foundation.  This Agreement contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you (the “User”) may access and use this Site and the information and materials found on this Site.
 
By accessing, viewing, or using this Site, you, the User, indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them.  Please note that Hearing Health Foundation reserves the right to change the Terms and Conditions under which this Site and its many offerings are extended to you.  Your continued use of this Site following reasonable notice of such modifications will constitute your acceptance of such changes.  You also agree that notices we may provide on the Site itself shall be deemed reasonable notice for this purpose.
 
1.         Grant of License.  This Agreement provides you, the User, with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement.  Users may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.  Notwithstanding the foregoing and except as otherwise expressly permitted herein, a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained from or through this Site.  As a further condition of use of this Site, all Users warrant to Hearing Health Foundation that they will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions.  To seek permission to use materials and information (including screen-shots of this Site) beyond the scope of the forgoing license, please contact info@hearinghealthfoundation.org.  Any rights not expressly granted herein are reserved.
 
2.         Intellectual Property Rights.  All material contained on this Site, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations.  Except as expressly provided herein, Hearing Health Foundation does not grant any express or implied right(s) to Users of this Site.  Please be aware that Hearing Health Foundation actively and aggressively enforces its intellectual property rights to the fullest extent of the law.  The contents of this Site are Copyright © 2012 Hearing Health Foundation.  All Rights Reserved.  Removing or altering the copyright notice on any material on this Site is prohibited.  Hearing Health Foundation also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site’s content.
 
The following trademarks: HEARING HEALTH FOUNDATION, SAFE AND SOUND, HEARING RESTORATION PROJECT, and all other names, logos, and icons identifying Hearing Health Foundation and/or Company’s products and services are proprietary marks of Hearing Health Foundation.  Other product and company names mentioned herein may be the trademarks of their respective owners.
 
3.         Digital Millennium Copyright Act.  The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Hearing Health Foundation reserves the right to remove any material on the Site which allegedly infringes another person's copyright. Notices to Hearing Health Foundation regarding any alleged copyright infringement on the Site should be directed to: info@hearinghealthfoundation.org. 
 
Note:  the contact information above is provided exclusively for notifying Hearing Health Foundation of copyright or other intellectual property infringement.  For unrelated inquiries (e.g. requests for general information or technical assistance), please e-mail info@hearinghealthfoundation.org.
 
4.         Privacy Policy.  Hearing Health Foundation considers a User’s personal data to be private and operates this Site by keeping any personal data collected confidential.  Please see Hearing Health Foundation’s <Privacy Policy> for a summary of Company’s personal data collection and use practices.  Use of this Site constitutes consent to Company’s collection and use of personal data as outlined therein.
 
5.         Compliance with Applicable Laws.  User’s access to this Site is governed by all applicable federal, state and local laws. 
 
6.         Code of Conduct.  You agree not to do any of the following:
 
  • Restrict or inhibit any other authorized user from using and enjoying the Site. This includes, without limitation: (a) using, or attempting to use, any account without the owner's permission, or (b) obtaining or soliciting another person's password or other personal information under false pretenses.
  • Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, interfering with, defeating, or circumventing any security function of the Site, or attempting to do so.
  • Post, store, or transmit any knowingly inaccurate or misleading personal or financial information.
  • Post, store, or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by Hearing Health Foundation) information or material.
  • Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
  • Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
  • Use the Site to post, store, or transmit materials in violation of another party's copyright or other intellectual property rights. You are solely responsible for determining whether any material you post, store, or transmit is subject to a third party's rights.
  • Use the Site for any unlawful purpose.
  • Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
 
7.         Assumption of Risk.  Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations.  While Hearing Health Foundation has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed.  Accordingly, Hearing Health Foundation and its affiliates, and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information.  The User assumes sole and complete risk for using this Site and must make his or her own determination as to these matters.
 
8.         Enforcing Security.  Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution.  Hearing Health Foundation reserves the right to view, monitor, and record activity on the Site without notice or permission from you.  Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site.  Hearing Health Foundation will also comply with all court orders involving requests for such information.
 
9.         Advertisers on this Site.  Hearing Health Foundation, in its sole discretion, may post the advertisements of third parties on this Site.  A User’s correspondence or any other dealings with advertisers found on this Site are solely between the User and such advertiser.  User agrees that Hearing Health Foundation shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.  Moreover, User shall not knowingly or intentionally interfere with the display of such advertisements.
 
10.      Links to Other Sites.  Hearing Health Foundation may provide links, in its sole discretion, to other sites on the World Wide Web for the convenience of its Users in locating related information and services.  These sites have not necessarily been reviewed by Hearing Health Foundation and are maintained by third parties over which Hearing Health Foundation exercises no control.  Accordingly, Hearing Health Foundation expressly disclaims any responsibility for the information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites.  Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
 
11.      Events Beyond Company’s Control.  Users expressly absolve and release Hearing Health Foundation from any claim of harm resulting from a cause beyond its control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, acts of terrorism, wars, or governmental restrictions.
 
12.      DISCLAIMERS. WHILE HEARING HEALTH FOUNDATION ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  MOREOVER, HEARING HEALTH FOUNDATION MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON.
 
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE. HEARING HEALTH FOUNDATION MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE.  ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
 
IN NO EVENT SHALL HEARING HEALTH FOUNDATION BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF HEARING HEALTH FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.  NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF HEARING HEALTH FOUNDATION FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED $1,000.
 
13.      Indemnity.  You agree to defend, indemnify, and hold harmless Hearing Health Foundation and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of this Agreement.  You agree to cooperate as fully as reasonably required in Company’s defense of any claim.  Hearing Health Foundation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Hearing Health Foundation.
 
14.      Submissions.  Hearing Health Foundation welcomes your feedback and suggestions about how to improve this Site.  Any ideas, suggestions, information, know-how, material, or other content (collectively, “content”) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Hearing Health Foundation to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content.  You hereby waive any claim to the contrary.
 
15.      Password Policy. (if applicable)  Your use of certain portions of this Site may require a password.  As part of the registration process, you must select a user name and password and provide Hearing Health Foundation with accurate, complete and up-to-date information.  Anyone with knowledge of your password can gain access to the restricted portions of this Site and the information available to you.  Accordingly, you must keep your password secret.  By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through the Site using your password.  You will also immediately notify Hearing Health Foundation if you become aware of any loss or theft of your password or any unauthorized use of your password. Hearing Health Foundation reserves the right to delete or change a password at any time and for any reason.
 
16.      Governing Law.  This Agreement has been made in, and will be construed and enforced in accordance with the laws of the State of [New York], as applied to agreements entered into and completely performed in the State of [New York].  Any action to enforce this Agreement will be brought in the federal or state courts presiding in the State of [New York], and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts.  This Site is controlled and operated by Hearing Health Foundation from its offices within the United States.  Hearing Health Foundation makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited.  Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.
 
17.      Term and Termination.  This Agreement will take effect at the time the User begins using this Site (thereby indicating acceptance of these Terms and Conditions).  Hearing Health Foundation reserves the right at any time and for any reason to deny any User access to the Site or any portion thereof, and to terminate this Agreement.  Termination will be effective without notice.
 
18.      Waiver.  Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance.  No waiver by Hearing Health Foundation of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
 
19.      Severability.  If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
 
20.      Relationship.  No joint venture, partnership, employment, or agency relationship exists between a User and Hearing Health Foundation as a result of this Agreement or User’s utilization of this Site.
 
21.      Entire Agreement/Reservation of Rights.  These Terms and Conditions and Hearing Health Foundation’s Privacy Policy, which is hereby incorporated as if set forth fully herein, represents the entire agreement between the User and Hearing Health Foundation with respect to use of and material available on or through this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the User and Hearing Health Foundation with respect to this Site.  Any rights not expressly granted herein are reserved.
 
 
 
 
HEARING HEALTH FOUNDATION • 363 Seventh Avenue, 10th Floor • New York, NY 10001-3904 • (212) 257-6140 • (866) 454-3924 • info@hhf.org
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