Terms of Use and Privacy Policy for the
HearingLossHelp.com Web Site

Last updated: February 1, 2006

General

Welcome to the Center for Hearing Loss Help website.

Throughout this document, the Center for Hearing Loss Help is referred to as either the "Center," "we" or "us." The website run by the Center, www.hearinglosshelp.com, is referred to as the "Site."

Please review the Terms of Use listed below, which apply to all Site users. By accessing, browsing, or using this Site, you accept, without limitation or qualification the Terms of Use and acknowledge that any other agreement between you and the Center is superseded with respect to the subject matter hereof.

We may modify these Terms of Use at any time by updating this posting. By using this Site after any amendment to these Terms of Use is posted, you agree to be bound by the Terms of Use as amended and should therefore periodically visit this page to determine the current Terms of Use to which you are bound.

Our failure to act with respect to a breach by you or others of these Terms of Use does not waive our right to act with respect to subsequent or similar breaches.

If at any time you disagree with these Terms of Use, then please do not use our Site.

All Site users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to agree to these Terms of Use. Children under 18 need the consent of a parent or guardian before using this Site.

This Terms of Use agreement constitutes the entire understanding and agreement between you and us relating to the access and use of the Site and any of its services.

Disclaimer

The Center maintains this Site on an "as is" basis for your personal information, education and reference only. This Site is neither a medical manual nor a guide to self-treatment for medical problems. Do not construe this Site as giving personal medical advice or instruction. The author of the articles on this Site is not a medical doctor and neither prescribes treatment nor treats medical problems and does not intend that you attempt to do so either.

Nothing contained in this Site is or should be considered, or used as a substitute for qualified medical advice, diagnosis or treatment. The information and services on this Site are here to help educate you on problems that may affect your ears. This Site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. Use the information on this Site to help you make informed decisions, not as a substitute for any treatment that your doctor may prescribe for you.

The information and opinions expressed on this Site are the result of careful research. While we strive to include accurate and up-to-date information, we cannot guarantee the content or accuracy of any materials on this Site. You use this Site entirely at your own risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided on or through this Site. It is your responsibility to do your own due diligence and to exercise caution and good judgment in using any information contained on this Site. Always seek the advice of your doctor and/or qualified health care professionals before acting on any information or any information products from this Site.

Copyright

All materials on this Site, including text, graphics, logos, images, audio clips and software, are copyrighted by the Center and are protected by copyright under United States and foreign laws. All content remains the property of the Center. All rights, whether expressed or not, are reserved by the Center.

You may download and use material from this Site for your personal, non-commercial use only. You must keep intact all copyright and other proprietary notices. You may not reuse, sell, modify, copy, reproduce, republish, upload, repost, transmit or distribute in any way any material including, but not limited to, text, images or animations from this Site, or use the content of this Site for public or commercial purposes, without the prior written consent of the Center, or the owner of the copyrighted material, if not owned by the Center.

Any violation of these Terms of Use immediately terminates your right to use the content contained in this Site and you are required to destroy all copies you have made of that content.

Note: if you are a non-profit hearing-loss organization, we generally will give you permission (when you ask) to reprint various of our articles in your newsletter as long as you comply with the following four requirements.

1. Ask for permission before using any materials from this Site.
2. Include our copyright notice, e.g. Copyright (or ©) Year by Author, and the words "Used by permission." e.g.: "Copyright 2006 by Neil Bauman. Used by permission."
3. Include the URL of the page from which the article was taken, For example: "Taken from the article at http://www.hearinglosshelp.com/hearingaidfriends.htm."
4. Include our email address. For example,: "You can contact Dr. Neil at neil@hearinglosshelp.com."

In addition, we’d also appreciate receiving a copy of your newsletter that includes our articles.

Privacy

Your privacy is important to us. At the Center for Hearing Loss Help we pledge to handle responsibly any personal information you choose to share with us. Like you, we hate spam. As a result, we do not, and will not, sell, trade, or release your email address or any other of your contact information to any other organization unless you have given us explicit permission to do so.

We do not collect any personally identifiable information about you through this Site unless you have specifically and knowingly provided it to us voluntarily. Although we love every one of you, we don't have any interest in what you, as an individual, are doing on our Site. We are more interested in what you as a herd are doing. We want to know how you got here, what pages you tend to visit, and what pages you don't tend to visit. For each visitor to our Site our server automatically collects statistics about where you came from, the pages you visit within our site, what kind of browser you use, your operating system, your IP address and the domain name. We use this information, in an aggregate form only, to monitor Site performance and the utilization of our features and services. We also track and catalog the search terms that visitors enter but this information is never associated with individual users.

When you purchase our products or services we ask for information about you in order to process credit card charges and ship your products. Depending upon the goods and services being ordered and where they are being shipped, we may also use outside suppliers and/or delivery companies to assist us in fulfilling and delivering orders. We share with them the information necessary to enable credit card processing, fulfillment, and delivery of goods (i.e. name, address, and as appropriate, payment information).

All this information is collected on a secure website using industry standards regarding encryption. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just surfing.

We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request. In addition, we may disclose user information in special cases when, in good faith, we believe that disclosing this information to law enforcement agencies and/or internet service providers is necessary to identify, contact, or bring legal action against someone who may be causing injury to, or interference with, (either intentionally or unintentionally) the Center’s rights or property, other Site users, or anyone else who could be harmed by such activities. This includes exchanging information with other companies for purposes of fraud and credit risk reduction.

Apart from this, personally identifiable information provided by visitors and subscribers (name, email or home address, etc.) is never disclosed to any individual or business.

In the future we may use customer information for new, unanticipated uses not previously disclosed in this privacy policy. If we ever do this, we will post the policy changes to our Site to notify you of these changes and provide you with the option to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically.

We do not collect your e-mail address when you visit our Site unless you specifically and knowingly provide it to us, for example, by asking for our newsletter. Our site will invite you to subscribe to our newsletter. Sometimes we add extra information to such a subscription that could be of interest to you, but we will always make it clear to you that you are subscribing to our newsletter. Subscription is always 100% opt-in. All we need is your name and email address. Your name may be only your first name or first and last name. You can always opt-out! In every message we send you there will always be an unsubscribe option. In addition, if you no longer want to receive any communications from us, you can send an email to us stating that fact using the contact information given on the "Contact Us" webpage.

This Site contains links to other web sites. We are not responsible for the privacy practices, uses of information collected, or the content of any other websites linked to this Site. In addition, our advertisers may use cookies when you view pages on our Site. We do not control these third parties’ use of cookies or how they manage the information they gather through them. If you click on an advertisement on this Site which takes you to another site, please be aware that we are not responsible for the privacy practices of those sites. You should read the privacy polices of each site you visit to determine what information that site may be collecting about you.

Any of your comments that may be published by the Center will not contain any personally identifying information other than your first and last initials or possibly just your first name unless you have given us your specific permission to do so.

If you have any questions about our privacy policy, you can contact us using the contact information given on the "Contact Us" webpage.

Submissions From You

You agree that no confidential relationship shall be established in the event that you make any oral, written or electronic communication to us (such as feedback, questions, comments, suggestions, ideas, data, etc.) or post comments on member forums. Such response and any material, information and ideas that you transmit to this Site or otherwise provide to the Center shall be and shall remain the Center's property. All such transmissions will be treated as non-confidential and non-proprietary and the Center shall be under no obligation of any kind with respect to such information and shall be free to reproduce, publish, use, disclose, broadcast and distribute such information without limitation and without compensation. Furthermore, the Center is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Links to Other Sites

As a convenience to you, we may provide links to websites operated by other entities. If you decide to visit any linked website, you do so at your own risk. Even if we have referred to these websites on our Site, we do not own or control these websites and are not responsible for the information, products, services, or privacy policies you may find on these linked sites. We make no warranty or representation regarding, and do not endorse, any linked websites or the information appearing on them, or any of the products or services described on them.

Linking to HearingLossHelp.com

You are granted a limited, non-exclusive right to create a hyperlink to this Site, provided that the link does not portray HearingLossHelp.com or our content or services in a false, misleading or derogatory manner. We may revoke this limited right at any time, in our sole discretion.

Site Function

Browse this Site at your own risk. You assume total responsibility and risk for your use of this Site. The Center does not guarantee that the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even as we become aware of them. The Center also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, or animation from the Site. Although we are careful and take precautions, we cannot guarantee that such materials will be free of viruses or other undesirables.

Prohibited Content

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are solely responsible for the content of any comments you make.

Mailing Lists

The Center does not sell or rent it's mailing lists and will never condone those actions. From time to time, the Center may offer it's mailing list members special promotions or informational literature. At any time, you can immediately remove yourself from our newsletter or other mailing list by clicking on the remove link contained in all such emails from us. You can also request removal from our mailing lists by contacting us using the information contained on the "Contact Us" page.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute, suit, action or proceeding arising out of or relating to these Terms of Use or in any way relating to your use of this Site, resides in the courts of the Commonwealth of Pennsylvania, U. S. A. or any federal court sitting therein, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Pennsylvania in connection with any such dispute including any claim involving the Center or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You hereby waive any objection that you may now or hereafter have to the venue of any such suit or any such court or that such suit was brought in an inconvenient court.

These Terms of Use are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. If any of the provisions of these Terms of Use are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term of use or any other term or condition.

The Center makes no representation that materials contained in this Site are appropriate or available for use on other locations. If you access this Site from outside the United States, be advised that this Site may contain references to products and services that are not available in your country. Those that choose to access this Site from other locations do so on their own risk and initiative, and are responsible for compliance with local law, if and to the extent local laws are applicable.

Warranties

This Site, including all content, function, materials and information made available on or accessed through this Site or its services, are provided on an "as is," "as available" basis. We do not make any express or implied warranties, representations or endorsements of any kind whatsoever (including without limitation, warranties of title or noninfringement, or any warranties of merchantability or fitness for a particular purpose) with regard to the Center or this Site, or with respect to any information, product, service, merchandise or other material provided on or though the Center or this Site. Although we strive for accurate and timely information, we do not warrant or guarantee the validity, accuracy, completeness, correctness, timeliness or usefulness of any information, products, services, merchandise or other material provided though the Center or this Site. We make no warranty or guarantee that this Site will be uninterrupted, timely, secure or error-free. We make no warranty that this Site or its services will meet your requirements, and expressly disclaim any warranties or guarantees. We are not liable to any user or anyone else for any decision made or action taken based on reliance upon the information contained on or provided through the Center or this Site. If you are dissatisfied with this Site or any services on this Site, your sole remedy is to discontinue using this Site and its services.

Prices and availability of items are subject to change without notice. We reserve the right to limit sales. We are not responsible for typographical or photographic errors. We reserve the right to cancel or limit any purchase made contrary to the terms of any offer, discount, promotion or coupon or that otherwise is not in compliance with these Terms of Use or applicable state and federal law.

Limitation of Liability

As a condition of use of this Site, you agree that neither the Center, nor any officer, affiliate, director, agent or employee of the Center, nor any other party involved in creating, producing, or delivering the Site, will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, expense, or costs resulting directly or indirectly from or otherwise arising in connection with the use of, or inability to use the Site and any information contained on it, including, but not limited to, damages resulting from or arising from your reliance on the Site, errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the Site, personal injury or death, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions, or eavesdropping by third parties. Furthermore, we will not be liable or responsible for any claims arising out of your use, interpretation, reliance upon, or other implementation of such information. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the Center’s liability is limited to the greatest extent permitted by law.

Indemnity

You agree to defend, indemnify and hold the Center, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Contacting Us

We hope you find the HearingLossHelp.com website helpful. If you have any questions or comments about this Site, or if you have any questions about this Terms of Use agreement including the Privacy Policy contained therein, the practices of this Site, or your dealings with this Site, you can contact us at the address below.