Terms of Use Policy - Cochlear Americas

Trademarks

The following Cochlear word and logo trademarks are registered in one or more trademark offices around the world.  You may not use any of these trademarks without the prior express written permission of Cochlear.

                                                                                        Cochlear Logo             Cochlear Logo with Brand Name

Advance Off-Stylet®

AutoNRT®

Baha Caleido®

Baha Divino®

Baha Intenso®

Baha®

Beam®

Clinicnet®

Cochlear Nucleus®

Contour®

Contour Advance®

Custom Sound®

Freedom®

Hear now And always®

Invisible Hearing®

NRT®

Nucleus®

Nucleus Clinicnet®

Off-Stylet®

SmartSound®

Vistafix®

 

 

 

 

 

The following Cochlear word and logo trademarks are the subject of pending trademark applications or trademark registrations in one or more trademark offices around the world.  You may not use any of these trademarks without the prior express written permission of Cochlear.

                                                                                                                         

CochlearTM

Cochlear HybridTM

CodacsTM

HybridTM

myCochlearTM

 

All other trademarks on our Websites and in other Cochlear material, such as press releases, technical documents and advertisements, are the property of their respective owners.

Website Terms of Use

Cochlear Ltd ("Cochlear") and its subsidiaries and affiliates (collectively, "we," "us," "our" and the "Cochlear family of businesses") welcome you to our websites. These Website Terms of Use ("Terms of Use") govern your use of the websites that display these Terms of Use (our "Website(s)").

For a list of the members of the Cochlear family of businesses and the Websites operated by each, please click http://www.cochlear.com/wps/wcm/connect/intl/contact/global-offices.

Your Consent

PLEASE REVIEW THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY OF OUR WEBSITES, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OUR WEBSITES.

Changes to These Terms of Use

As we add new Websites (or add new features and functionality to existing Websites), we may need to update or revise these Terms of Use. We therefore reserve the right to update or revise these Terms of Use, at any time and without prior notice, by posting the revised version on our Websites. These changes will be effective as of the date we post the revised version on our Websites. Your use of any one of our Websites following any such change constitutes your agreement to be bound by the revised Terms of Use. To alert you to changes in these Terms of Use, we will provide a notice at the top of this page for at least 30 days after the new effective date.

You may access the current version of these Terms of Use at any time by clicking on the link marked "Terms of Use" at the bottom of each page of our Websites.


Additional Agreements and Terms

These Terms of Use may be supplemented or amended by the terms of a "click-through" or "online" agreement between you and us, or by additional terms posted on our Websites. For example, when you register to become a member of one of our Websites, you may be asked to agree to terms and conditions governing your use of the members-only portion of that Website. If you make a purchase on one of our Websites, you may be asked to agree to certain terms and conditions that govern your transaction. Special terms may also apply if you choose to participate in certain promotions available through our Websites, to obtain premium content, or to participate in an online contest or sweepstakes. If special terms and conditions apply, you will be asked to expressly consent to them, for example, by checking a box or clicking a button marked "I agree." The terms and conditions of any such "click-through agreement" will supplement and amend these Terms of Use, but only with respect to the subject matter of the "click-through agreement."

Online Store Purchases

Some of our Websites feature an online store.  All purchases in our online store are subject to the policies, procedures, and other terms set forth in our Online Store.   Please note that most of the products for sale in our online store are available by prescription only, and any purchases made in our store may not be re-sold or otherwise transferred to anyone other than the recipient for whom the original purchase was made. We do not guarantee that any purchases you make in our online store will be covered by insurance, regardless of any advice you may receive regarding insurance from anyone on or through our Websites or elsewhere.  If you make a purchase in our online store and your insurance does not cover the purchase, you will be responsible for payment in full for all items purchased.

The Content of Our Websites Is Not Medical Advice

Our Websites contain information about the Cochlear family of businesses, our products and services, and hearing health and wellness. None of our Websites is, however, intended to be or to be used in place of medical advice. Please read this important notice carefully:

THE CONTENT OF OUR WEBSITES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS (COLLECTIVELY, "CONTENT"), WHETHER PROVIDED BY US OR BY MEMBERS OF OUR SOCIAL NETWORKING WEBSITES OR BY OTHER THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. OUR CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE.  ANY ADVICE OR INFORMATION YOU RECEIVE FROM A THIRD PARTY THROUGH OUR SITE (INCLUDING COMMUNITY POSTINGS AND COMMUNICATIONS THROUGH ONLINE CHAT OR OTHER LIVE COMMUNICATION) HAS NOT BEEN VERIFIED BY COCHLEAR AND SHOULD NOT BE RELIED UPON WITHOUT VERIFICATION FROM YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, YOUR INSURANCE PROVIDER, OR OTHER APPLICABLE PARTY.  SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR LOCAL EMERGENCY SERVICES. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE, AND YOU SHOULD NOT USE OUR CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. ADDITIONALLY THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US.

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding this Website and the information and services we make available through this Website (collectively, "Feedback"). Any Feedback you provide to us through our Website and through email, verbal communications and feedback forums will be and remain the exclusive property of Cochlear, and Cochlear may use such Feedback in any manner Cochlear deems appropriate without providing notice or compensation to you, and without seeking your permission. By providing Feedback, you are deemed to have assigned to Cochlear all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. This means, for example, that we can use your comment or idea to modify or improve the Website, or to make changes to our products or services, or in any other way we want without restriction, and we do not have to compensate you. For this reason, you must not provide us with any Feedback that you do not wish us to use.

Our Online Privacy Policy

Our Online Privacy Policy describes how we protect your privacy when you use our Websites. To review our Online Privacy Policy, click http://www.cochlear.com/wps/wcm/connect/intl/privacy-policy. Some of our Websites may be used by children under 13. For those Websites, please review our Children's Privacy Policy. Our Children's Privacy Policy and Online Privacy Policy are part of and are hereby expressly incorporated into these Terms of Use.  You understand that Internet transmissions are never completely private or secure, however our Privacy Policy describes the security measures we take on our Websites in an effort to make your experience on our Websites safe and secure.

Use of Password Protected Areas of Our Websites

Some of our Websites contain password protected or "members only" areas ("password protected area(s)"). For example, CochlearCommunity.com, a social networking Website, includes a password protected area where members can discuss hearing issues and share their personal experiences.  Our online stores, available on some of our Websites, also require a user name and password in order to make a purchase. Your use of password protected areas is subject to the following additional terms and conditions.

Age Restrictions. Your use of a password protected area may be subject to an age restriction. For example, you may not create an account or become a member of CochlearCommunity.com, unless you are 18 years of age or older (or the applicable age of majority in your country, if you are located outside the United States). Other password protected areas may be designed for users of all ages, but users who are under 13 will not be permitted to register or create an account without the verifiable consent of a parent or guardian. You may not use age-restricted areas of our Websites if you do not meet the applicable age requirements.

Online Registration and Account Information. To become a member of certain password protected areas, including CochlearCommunity.com, you must complete our online registration process. As part of this process, you will be asked to review and indicate your agreement to be bound by the terms and conditions that govern your use of those password protected areas. If the terms and conditions governing your use of a particular password protected area are different than these Terms of Use, those terms and conditions will supplement and govern over these Terms of Use, but only with respect to your use of that particular password protected area.  Only verified recipients of Cochlear devices and/or their immediate family members may be permitted to access certain areas of the Websites, and only identified recipients will be permitted to purchase certain items in our online store.

By submitting a registration form or creating a password on one of our Websites, you are representing to us that (a) you meet any age restrictions posted on the registration page(s) and (b) the information you have provided on your registration form ("Account Information") is true, accurate, current and complete. You are also agreeing to maintain and promptly update your Account Information using the functionality provided through the applicable Website to keep it true, accurate, current and complete.

Your User Name and Password. You are responsible for maintaining the confidentiality of your user name and password. We have the right to assume that anyone accessing our Websites using the user name and password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing our Websites using your user name and password, including any purchases made, content posted, and any liability that may result, even if the individual is not, in fact authorized by you. If you have reason to believe that your user name and password have been compromised or used without authorization, you must promptly change your password, using the functionality provided on the applicable Website, and notify us at support-cam@cochlear.com.

Right to Terminate Access to Password Protected Areas. We reserve the right to disable your password and terminate your access to any password protected area of our Websites at any time, without notice to you, for any reason (for example, if you fail to comply with these Terms of Use or have provided false Account Information) or for no reason whatsoever. If we do so, we may also choose to delete your Account Information or remove Content you have posted on the password protected area.

Your Content

Some of our Websites, including our community Websites where available, provide ways for our users to post, upload, transmit through or otherwise make available ("post") text, images, illustrations, graphics, audio, video or audio-video clips, or other materials ("Content") on or through these Websites. The Content our users post is referred to as "User Content" in these Terms of Use. The Content that you post is referred to as "your Content" in these Terms of Use.

Prohibited Content. You may not post Content on or through our Websites that:

  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter;
  • provides any telephone numbers, street addresses, last names or email addresses of anyone except yourself;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, "spimming" or "spamming";
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
  • involves commercial activities and/or sales or barter transactions, including without limitation any sales or barter transactions involving any Cochlear products or accessories, or any non-commercial transfer of Cochlear products or accessories, without our prior written consent
  • involves any marketing or promotional activities, such as contests, sweepstakes, advertising, or pyramid schemes;
  • includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights;
  • creates a false identity for the purpose of misleading others; or
  • contains a virus or other harmful component.

Responsibility for User Content. You are entirely responsible for your Content. Some of our Websites permit you to adjust the settings affecting how others may view your Content. You are solely responsible for adjusting these settings. Posting Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to your Content. We will make reasonable efforts to prevent your Content from disclosure beyond the settings you select, but we cannot guarantee these settings will prevent your Content from being viewed or accessed by unintended third parties and we will not be liable for such disclosures. We are not responsible for and do not control User Content, and, therefore, we do not guarantee the accuracy, integrity or quality of any User Content. You understand that by using Websites on which users may post User Content, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, settings, viewing errors, or any loss or damage of any kind incurred as a result of the use of any User Content posted on or through one of our Websites.

Rejection/Removal of Your Content. You acknowledge that we may or may not pre-screen User Content posted on our Websites, but that we have the right (but not the obligation) in our sole discretion to pre-screen, edit, refuse, or remove any User Content or portion thereof that is available via our Websites, in our sole discretion, for any reason. Without limiting the foregoing, we have the right to remove from our Websites any User Content that violates these Terms of Use or is otherwise objectionable in our sole discretion, or to restrict, suspend, or terminate your access to all or any part of our Websites at any time, for any or no reason, with or without prior notice, and without liability. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request or otherwise in accordance with our Privacy Policy. If you become aware of misuse of any of our Websites by any person, please contact us (email: support-cam@cochlear.com).

Ownership of Your Content. We do not claim ownership rights in your Content. Subject to the non-exclusive license contained in the following paragraph, as between us and you, you own and will retain any and all intellectual property rights that you may have in your Content.

License to Use Your Content. So that we may provide the services offered through our Websites, you must grant a license to us to use and distribute your Content through our Websites. Accordingly, by posting your Content on or through our Websites, you hereby grant to us a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to copy, publicly perform, publicly display, distribute, create derivative works of, and otherwise use your Content. You also agree that we may use and disclose your Content as set forth in our Online Privacy Policy. If you wish to remove any of your Content from our Websites, you may contact us at support-cam@cochlear.com. Generally, we will try to remove Content at your request, but our ability to do so will depend on the type and locations of your Content and other factors. We reserve the right to charge a reasonable fee for removal of your Content in appropriate circumstances and as permitted by applicable law. We make no guarantee as to the complete deletion of any such Content and copies thereof. In any case, a back-up or residual copy of such Content may remain on our servers after the Content appears to have been removed from our Websites, and we retain all rights granted in this paragraph to all such remaining copies.

Your Warranties Regarding Your Content

By posting your Content via our Websites, you represent and warrant that (i) you own all right, title and interest in your Content, or otherwise have the right to grant the license set forth in preceding paragraph, and (ii) the posting of your Content on or through our Websites does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.  You further warrant that if the posting of your Content on our Websites would require any license from a third party or payment of any license fee, you have entered the applicable license agreement, paid the applicable fee, and otherwise taken all necessary measures to ensure that Cochlear will not face any liability as a result of your posting your Content on our Websites.

Ownership of Websites and Content

As between you and us, we own and reserve all rights, title and interests in our Websites, including all of the software and code that comprise and operate our Websites, and all of the Content of our Website except your Content. Our Websites and the Content we and others provide are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of each Website is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of each Website.

We hereby grant you a limited, revocable, non-sublicensable license to download and print copies of any portion of the Content of our Websites to which you have properly gained access, but only for your own personal, non-commercial use (unless you posted the Content), and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content (unless you posted the Content). The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause.

You may not and you may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on our Websites (except your Content) except as expressly provided in these Terms of Use without our prior written permission. Any use of our Websites, including the Content of our Websites (except your Content), other than as specifically authorized in these Terms of Use is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications, regulations and statutes.

Nothing in these Terms of Use shall be construed as transferring any right, title or interest in our Websites to you or anyone else, except the limited license to use our Websites on the terms expressly set forth herein.

Copyright Agent to Receive Notice of Claimed Copyright Infringement

If you have reason to believe any part of the Content of our Websites infringes the copyrights of others, or that any link on one of our Websites links to infringing materials, please notify our Copyright Agent immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any Website by any user who is alleged to have posted infringing materials or a link to infringing materials on one of our Websites and to immediately remove or disable the allegedly infringing Content or link, and when applicable, it is our policy to terminate use of our Websites by repeat infringers, in accordance with the U.S. Digital Millennium Copyright Act.

Notice of Claim of Copyright Infringement. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that (a) any Content displayed on our Websites infringes your copyright or (b) any link posted on one of our Websites links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:

  • a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
  • a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material on the applicable Website;
  • enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address;
  • a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the "copyright owner"), an agent for the copyright owner, or by law;
  • a statement that all of the information you have provided is accurate; and
  • a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Your notice must be signed (physically or electronically) and must be addressed as follows:

Copyright Agent
Cochlear Americas
Street Address:
13059 East Peakview Avenue
Centennial, CO 80111
Phone: 1-800-523-5798
Fax: 1-303-524-6824
E-mail: copyright@cochlear.com

Trademarks. The trademarks and service marks used or displayed on our Websites ("Trademarks") are registered and unregistered trademarks of members of the Cochlear family of businesses or third parties. You may not use any Trademarks displayed on our Websites without the prior express written permission of Cochlear or the trademark owner.

No Unlawful Use

You hereby agree that you will not use the Websites or any materials or services we make available through our Websites for any purpose that is unlawful or otherwise prohibited by these Terms of Use, or in any manner with the goal of damaging, disabling, or otherwise impairing any of our Websites, servers, network, or features or functionality thereon.  You agree that you will not intentionally take any action to interfere with any other party's use of any Websites. You are prohibited from using false identifiers, gaining access to the Websites under another party’s account or otherwise using or accessing any of our Websites or data without authorization. 

Permitted Links and Other Uses

Our Websites may not be used in connection with any commercial purposes, except as specifically approved in writing by Cochlear or another member of the Cochlear family of businesses, or as expressly provided herein. You may link from a non-commercial website (or a commercial website relevant to users of our products and services, such as the website of an audiology or medical practice group) owned by you to our home page (only) in a way which is fair and legal, does not use Cochlear Intellectual Property, and does not damage or take advantage of our reputation. You may not suggest any form of association, approval or endorsement with or by use except by our written permission. You must not establish or continue a link if your website contains content that is distasteful, offensive, controversial, or infringes any rights of third parties or otherwise does not comply with applicable laws and regulations or these Terms of Use.  Framing of our Websites is prohibited under all circumstances.  Commercial linking to any of our Websites is prohibited, except as specifically provided herein or otherwise approved in writing by Cochlear or another member of the Cochlear family of businesses. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from our Websites without notice and may result in termination of access privileges. We withdraw the right to withdraw linking permission, for any reason and at any time, without notice to you.

Links to Third-Party Websites

Our Websites may contain links to other websites owned by third parties (such as, advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of any such websites. Before you use any third party website, you should review the applicable terms of use and policies for such websites. The inclusion of a link in any of our Websites does not imply our endorsement of such third party website. If you decide to access any such linked websites, you do so at your own risk.

Third-Party Content and Services

Some of the content, services and features on our Websites are provided by third parties.  Some examples of third party services are our online store, credit card processing for online orders, and more. We cannot be held responsible for the quality and availability of these third party services or functionality.  Please keep in mind that any data you provided to these third party service providers will be used and shared in accordance with our Privacy Policy.  

International Use

You agree to comply with all local laws, regulations and rules regarding your use of our Websites, even if you access one of our Websites from outside the intended country.  Please be aware that certain products or services featured on our Websites may not be available in all countries from which users can access our Websites, and may not be ordered by individuals or professionals in countries other than the country for which such products have been desigated by Cochlear.  If you are located outside of the country for which a Website has been designated, your use of that Website constitutes your consent for your personal information to be collected, used, and shared in accordance with our Privacy Policy in all countries to which we may transfer it under our Privacy Policy.

User Disputes

You are solely responsible for your interactions with other members of our Websites. Cochlear reserves the right, but has no obligation, to monitor disputes or communications between you and other members of our Websites.

Disclaimer of Warranties

YOUR USE OF OUR WEBSITES AND ALL OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITES, IS AT YOUR SOLE RISK. OUR WEBSITES, AND ALL OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, COCHLEAR, THE COCHLEAR FAMILY OF BUSINESSES, AND ITS AND THEIR RESPECTIVE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO OUR WEBSITES, THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITES, YOUR USE OF OUR WEBSITES, OR ANY WEBSITES TO WHICH OUR WEBSITES ARE LINKED, INCLUDING ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COCHLEAR, THE COCHLEAR FAMILY OF BUSINESSES, AND ITS AND THEIR RESPECTIVE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS, DO NOT REPRESENT OR WARRANT THAT (A) OUR WEBSITES OR THE CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) YOUR USE OF OUR WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE; (C) THE CONTENT IS ACCURATE, COMPLETE, CURRENT; OR RELIABLE; (D) YOUR CONTENT, COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA WILL NOT BE DELETED, LOST, MISDELIVERED, OR CORRUPTED; (E) NO VIRUSES OR OTHER HARMFUL CODE WILL BE TRANSMITTED TO YOU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  ANY RELIANCE ON ANY INFORMATION OR ADVICE YOU HAVE RECEIVED FROM ANY THIRD PARTY UNAFFILIATED WITH COCHLEAR ON OUR WEBSITE (E.G. THROUGH COCHLEAR COMMUNITY POSTINGS OR ONLINE CHAT) IS AT YOUR SOLE RISK, AND WE WILL NOT BE RESPONSIBLE FOR THE CONTENT THEROF OR ANY HARM THAT MAY RESULT FROM SUCH RELIANCE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation of Liability

WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CONTENT POSTED BY A USER OF OUR WEBSITES OR ANY OTHER COMMUNICATION THROUGH OUR WEBSITES BY ANY THIRD PARTY USERS (E.G. IN THE COCHLEAR COMMUNITY OR IN ONLINE CHATS). ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH OUR WEBSITES AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE USER CONTENT YOU MAY ENCOUNTER ON OUR WEBSITES OR IN CONNECTION WITH YOUR USE OF OUR WEBSITES. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITES.UNDER NO CIRCUMSTANCES SHALL COCHLEAR, THE COCHLEAR FAMILY OF BUSINESSES, OR ITS AND THEIR RESPECTIVE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS, HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR WEBSITES, INCLUDING THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITES. ALTHOUGH WE USE REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE WEBSITE IS CURRENT, ACCURATE AND UP TO DATE AT THE DATE OF PUBLICATION, WE EXCLUDE ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE WEBSITE OR ANY INFORMATION OR CONTENT, OR THAT IT IS FREE OF DEFECTS OR VIRUSES.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COCHLEAR OR ANOTHER MEMBER OF THE COCHLEAR FAMILY OF BUSINESSES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE DOLLARS ($5.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

THIS LIMITATION OF LIABILITY DOES NOT LIMIT OR RESTRICT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY THE NEGLIGENCE OF COCHLEAR, THE COCHLEAR FAMILY OF BUSINESSES, THEIR DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES OR FOR ANY OTHER LIABILITY THAT CANNOT BY LAW BE EXCLUDED.

Indemnity

You agree to indemnify, defend and hold harmless Cochlear, the Cochlear family of businesses, and its and their respective, officers, directors, employees, agents, licensors and service providers, from any and all third party claims, losses, liability, damages, losses, costs and expenses (including reasonable attorneys’ fees and costs) arising from or related to: (i) any of your Content you have posted on or made available through our Websites; (ii) any communications you have engaged in through our Websites (e.g. via live chat or otherwise); or (iii) your use of any of our Websites in breach of these Terms of Use or your local applicable laws, rules and regulations. We will notify you promptly of any such claim, liability, loss, cost or expense.

Modification and Discontinuation

We reserve the right to discontinue or modify any Website or any feature or portion thereof at any time without prior notice.  We will not be liable in any manner for any such discontinuation or modification.

Interpretation

As used in these Terms of Use, the term "including" means "including, but not limited to."

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable or otherwise contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction and Venue

These Terms of Use shall be governed under the laws of the State of Colorado, U.S.A. without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Denver County, Colorado, U.S.A. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

 

Entire Agreement

These Terms of Use as supplemented or amended by any applicable Privacy Notices or "click-through agreements," contain the entire understanding and agreement between you and us with respect to our Websites and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect thereto.

Limitations on Actions

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Websites must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Questions About These Terms Of Use

If you have any questions regarding these Terms of Use, please contact us by email at support-cam@cochlear.com, or by mail at Cochlear Americas, 13059 East Peakview Avenue, Centennial, CO 80111,

Telephone 1-800-523-5798 Attn: Compliance Officer.     

This document was last updated on 7 November 2013