HearUSA, INC. WEBSITE TERMS AND CONDITIONS OF USE
ATTENTION: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY. By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this site.
Scope of Terms and Conditions
These terms and conditions apply to your use of all of the sites and services owned or operated by HearUSA, Inc. and affiliated companies (collectively “we,” “us,” or “our”), including www.necp.com, www.hearx.com, www.helixhca.com, and any other site that we have owned or operated, do own and operate or may own or operate in the future (collectively, the “Sites”). Unless we say otherwise, all references to the Sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Sites link.
Restriction on Use of Materials
The contents of our sites are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Sites only for personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights of said material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Sites. Only if you obtain prior written consent from us—and from all other entitles with an interest in the relevant intellectual property—may you publish, display or commercially exploit any material from the Sites.
You must abide by all additional copyright notices or other restrictions contained in any of the Sites.
These terms and conditions apply only to the Sites, and not to the sites of any other companies or organizations, including those to which any Sites may link. We are not responsible for the availability of any other site to which any of the Sites link. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. Links on this Site to third-party websites are provided solely as a convenience to you. If access the third-party website links provided on this site, you do so at your own risk. You should direct any concerns to that site’s webmaster.
Other sites may link to any of the Sites only through a plain-text link. Permission must be granted by us for any other types of link to the Sites. To seek our permission, you may write to HearUSA, Inc. Attention: Web Resources, 1250 Northpoint Parkway, West Palm Beach, FL 33407. We reserve the right, however, to rescind any permission granted by us to link through a plan-text link or any other type of link, and to require termination of any such link to any of the Sites, at our discretion at any time.
We welcome your comments about any of the Sites. HearUSA does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication (“Communications”) you transmit or post to this Site will be considered non-confidential and non-proprietary. HearUSA will have no obligations with respect to the Communications. HearUSA and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to HearUSA for the purpose of receiving products or services will be handled in accordance with the HearUSA Online Privacy Statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our employees, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.
We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such materials, users remain solely responsible for the content of their messages or postings.
By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual nonexclusive right to use your questions, comments and postings, in their original or edited form, in books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived.
You are not entitled to any compensation for any materials you may post on the Sites.
We may, at our discretion, suspend or terminate the registration of any forum user who violates any of these terms and conditions of use, any of the member guidelines or for any other behavior that we in our discretion believe is inappropriate.
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We do not endorse, warrant or guarantee any products or services offered on the Sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITES, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Personal Advice
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. In particular, you should regularly consult a doctor in all matters related to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, or death.
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Statement.
HearUSA, Inc. and the name of HearUSA products referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of HearUSA, its subsidiaries or its suppliers. Other product and company names mentioned herein are trademarks and/or service marks of their respective owners.
We administer the Sites from our corporate offices in West Palm Beach, Florida. We make no representation that materials or services at the Sites are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. If you choose to access the Sites from outside the United States, you do at your own initiative and are responsible for compliance with applicable local laws. These terms and conditions will be governed and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws.
No use of free hosting, banner advertisement and/or banner exchange is used on the Sites to general revenue for the Company.
This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by writing signed by both parties.