THE EAR GROUP HEARING FOUNDATION TERMS AND CONDITIONS OF USE
- RESTRICTIONS ON USE
All pages within this website (www.theeargrouphearingfoundation.org) and any material made available for download therefrom (collectively the "Site") are the sole property of The Ear Group Hearing Foundation (“Nonprofit”) and/or its affiliates. Nothing contained herein shall be construed as granting any ownership rights whatsoever in the Site to any user hereof. No portion of the materials on any pages of the Site may be reprinted, republished, modified, or distributed in any form without the express written permission of Nonprofit. This Site is for your own personal use. You shall keep intact any and all proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. For the purposes of these terms and conditions (“Terms and Conditions”), “content” shall mean any information, communications, photos, videos, graphics, music, sounds, text, logos, images, button icons, and any and all other material that can be viewed by users of the Site. By visiting this Site, and thereby accepting the Terms and Conditions hereof, all users agree that all content presented to users of the Site is the property of Nonprofit and its content suppliers.
From time to time we may revise or modify these Terms and Conditions by posting revisions through a link on our Site. Whether or not we provide notice to you of such revisions or modifications, you will be bound by the revised or modified Terms and Conditions for all subsequent uses of this Site after such modifications have been made. If you do not agree to any of the Terms and Conditions set forth herein, you may not use this Site.
- TRADEMARK NOTICE
Nonprofit and all related marks are logos, trademarks, and service marks owned, controlled by or licensed to Nonprofit. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
- Warranty Disclaimer
THIS SITE, INCLUDING ANY AND ALL PRODUCTS, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN IT, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, AND ANY AND ALL HYPERLINKED WEBSITES. BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS AND THE USE OF THE SITE IS AT YOUR OWN RISK. YOU FURTHER AGREE AND ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NONPROFIT HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED.
NONPROFIT, ITS AFFILIATES AND ITS SPONSORS, ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
- Disclaimer of Liability and Recommended Service Providers
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Nonprofit is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and Nonprofit reserves the right to remove such materials from the Nonprofit Site without liability. Further, this disclaimer of liability applies to all products sold through the Site, and any and all claims relating to those products as well as the authenticity, price, payment, shipment, loss, damage, or delay related thereto.
While Nonprofit endeavors to identify the best service providers and resources for participants to assist those who would like to avail themselves of such services, Nonprofit does not warranty the services of these individuals or organizations that you are referred to. You are required to undergo your own independent investigation to determine if these persons and/or organizations are adequate for you. You are advised to seek independent professional advice.
- Disclaimer – Currentness of Information
Although Nonprofit attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Nonprofit at email@example.com so that it can be corrected. Information contained on the Site may be changed or updated without notice.
Nonprofit reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.
- Disclaimer – Site content copyrighted
The content of the Site pages, including, but not limited to text, graphics, and icons, are copyrighted materials or non-copyrighted owned, controlled by or licensed to Nonprofit and contain Nonprofit’s name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, or evaluating, Nonprofit programs and activities. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use Nonprofit’s icons, Site address, or other means to hyperlink other Internet sites with any page in the Nonprofit Site, and Nonprofit assumes no responsibility for any other party's site hyperlinked to the Nonprofit Site or in which any part of the Nonprofit Site has been hyperlinked.
Nonprofit grants you a limited license for the Site for your personal and noncommercial use in connection with your visit. Your use of this Site is subject to all applicable laws and regulations. You are not permitted to modify or download any portion of the Site without the express, written consent of Nonprofit. Except as expressly provided for in these Terms and Conditions, none of the content of the Site may be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed for any purpose without the express, written consent of Nonprofit.
- Disclaimer—No responsibility for links
The Nonprofit Site may contain links to, videos from, and frames of sites which are not maintained by Nonprofit. While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the Nonprofit Site does not imply Nonprofit’s endorsement of the linked or framed sites or their content.
- Disclaimer—Use of email
By sending Nonprofit a message via firstname.lastname@example.org or through any other means, you agree to have it, along with your name, posted for public viewing both here and in other Nonprofit promotional and advertising materials without compensation. We may occasionally post messages received from Users, but nothing provided for herein shall require us to do so. All messages that are posted on the Site represent the opinions of Users and do not necessarily represent the ideas or opinions of Nonprofit. You may copy them as much as you like for personal use, but redistribution in any way requires the permission of Nonprofit. In consideration of this authorization, you agree that any copy of this information that you make shall remain all copyright of Nonprofit and this Site.
- Disclaimer - User Generated Content
The Site may allow you to submit, through a message board or similar practice, ideas, photographs, writings, data, questions, comments, suggestions, email or mailing addresses, or other content, including personal information (“User Generated Content”). User Generated Content may be published online or offline in any media or format (currently existing or hereafter developed) as determined by the Nonprofit in our sole discretion and shall become the exclusively property of Nonprofit. Others may have access to this User Generated Content and may have the ability to share it with third parties across the Internet. Additionally, you may have the opportunity to engage in social networking through our Site, such as creating a public profile, sharing User Generated Content, and inviting others to connect with you and engage in discussion. Nonprofit reserves the right to post, delete or modify anything shared through the Site by you. Please think carefully before deciding what information you share, including personal information, in connection with your User Generated Content or social networking activities. Please note that the Nonprofit does not and will not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. These Terms and Conditions do not apply to any information that you disclose publicly, or choose to share with others or otherwise upload on the Site.
Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by Nonprofit. Nor shall any information or statements contained on this Site be used for the purposes of advertising, or to imply an endorsement or recommendation.
With respect to documents available from this server, neither Nonprofit nor any of its employees, officers, directors, etc., makes any warranty, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. Further, neither Nonprofit nor any of its employees, officers, directors, etc., assumes any legal liability or responsibility for the accuracy, authenticity, completeness, or usefulness of any information, apparatus, product or process disclosed; nor do they represent that its use would not infringe privately owned rights.
In the event that you violate those restrictions and these Terms and Conditions including but not limited to your failure to comply with the above restrictions on information, materials or content, posted to the Site, Nonprofit hereby expressly reserves the right to limit or otherwise wholly restrict your use of the Site in its sole and unfettered discretion. Further, Nonprofit hereby expressly reserves any and all rights and remedies that may be available to it pursuant to applicable law.
All donations to Nonprofit made through the Site are contributed as unrestricted donations and are not made with any donor restrictions or conditions. Any and all payments to Nonprofit through the Site are non-refundable and final. You are expressly made aware that nothing contained herein shall be construed as tax or legal advice, and that Nonprofit does not provide tax or legal advice. As such, you are encouraged to work directly with your tax and/or legal professional(s) regarding any specific tax or legal questions you might have about your donation/bid.
- CONFIDENTIAL AND PROPRIETARY INFORMATION
Nonprofit does not want to receive confidential or proprietary information from you through the Site (except when specifically requested by Nonprofit in relation to your donation or purchase through the Site, which will be subject to Nonprofit’s Privacy and Security Policy). Please note that any information or material sent to Nonprofit through the Site will be deemed NOT to be confidential except as provided by law.
- LINKS OR POINTERS TO OTHER SITES Nonprofit makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Nonprofit website through the Site, please understand that it is independent from Nonprofit, and that Nonprofit has no control over the content on that website. In addition, a hyperlink to a non-Nonprofit website does not necessarily mean that Nonprofit endorses or accepts any responsibility for the content, or the use of, the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. Nonprofit is under no obligation to investigate or examine such third party or external websites and hereby makes no warranties and/or representations whatsoever about any of such unrelated third party entities or persons, or the external websites that you may access through the Site. Any and all external websites are owned and operated by independent third parties and are not under the control of Nonprofit. We encourage users to be cautious when leaving the Site and to read the privacy statements of each and every external website that collects personally identifiable information.
- VOLUNTEER REGISTRATION We may allow for volunteers. If so, if you desire to register to be a volunteer for Nonprofit’s programs or activities, it is possible that such registration may be done on the Site. By using our online volunteer registration, if any, you are expressly agreeing to execute Nonprofit’s volunteer agreement.
VII. COPYRIGHTED MATERIALS
Nonprofit continually invests significant resources to create text, images and other materials on the Site. These materials may be protected under copyright laws of the United States and of other countries worldwide. To protect its investment, Nonprofit diligently guards against infringement of its copyrighted materials. This policy outlines certain conduct that violates Nonprofit’s copyrights.
Copyright protects original works of authorship fixed in a tangible medium of expression. Copyright infringement occurs when any one or more of the following rights is violated: (1) reproduction; (2) adaptation; (3) distribution to the public; (4) performance in public; or (5) display in public. Copyright infringement issues can also arise when a new work or a modification of an existing work, known as a derivative work, is created from a copyrighted work. A derivative work is based upon a pre-existing work in which the pre-existing work is changed, condensed, recast, transformed, adapted, or embellished. If the pre-existing or underlying work is a protected work under copyright law, one who wishes to exploit the derivative work must obtain a license from the owner of the copyright in the underlying work or works. Thus, modification of Nonprofit’s copyrighted materials without explicit permission for commercial use constitutes infringement. Without written permission from Nonprofit, you may not make any unauthorized reproduction or engage in distribution of Nonprofit’s copyrighted materials, which include, but are not limited to, materials such as publications, Site content, diagrams, photos, videos, images, and graphics published by Nonprofit in any format. It is Nonprofit’s policy to enforce its copyrights against any third party who infringes on its copyrights. To ensure that you do not infringe on any of Nonprofit’s copyrighted materials, do not engage in any of the following without prior express written consent from Nonprofit:
- Do not directly or indirectly copy, reproduce, or distribute any of Nonprofit’s materials (including web pages) or any part of the text or graphics from those materials.
- Do not directly or indirectly modify or create derivative works of any of Nonprofit’s materials.
- Do not create materials that look as though they originated from or are endorsed by Nonprofit.
- Do not imitate the color or visual appearance of Nonprofit’s materials and/or products.
- Do not use Nonprofit’s icons as graphical design elements in your materials.
- Do not distribute Nonprofit’s work by sale, rental, or other disposition.
- Permission Requests
To request permission to use Nonprofit’s copyrighted material, please email us at email@example.com.
These Terms and Conditions, including this copyrighted materials policy are not intended to serve as legal advice. Should you have questions regarding your legal rights or duties, please consult your own attorney. Should you have further questions regarding Nonprofit’s policy for its copyrighted materials, please contact Nonprofit at firstname.lastname@example.org.
VIII. CHOICE OF LAW AND VENUE
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
In any dispute arising out of the use of this Site, if the parties cannot resolve the same, such dispute shall be submitted by either party to arbitration in accordance with the rules and procedures of JAMS. All parties shall initially share the cost of arbitration, but the prevailing party may be awarded attorney fees, costs, and other expenses of arbitration. All arbitration decisions shall be final, binding and conclusive on the parties to arbitration, and legal judgment may be entered based upon such decision in accordance with applicable law in any court having jurisdiction to do so. Notwithstanding the above, neither party shall be prevented from obtaining injunctive or other equitable relief from a court of competent jurisdiction pending the resolution of a dispute through mediation or arbitration.
- TERMINATION OF USE
You hereby agree and acknowledge that Nonprofit may, in its sole discretion, terminate or suspend your access to all or part of this Site, with or without notice, and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Nonprofit reserves the right, in its sole and unfettered discretion, to revise these Terms and Conditions at any time and to correct any errors or omissions to any portion of this Site. The content and/or materials on the Site may also be changed, modified, added, removed or updated at any time and without notice. Notwithstanding the foregoing, Nonprofit is under no obligation to update or otherwise change the content and/or materials of the Site. Nonprofit reserves the right to make changes in the programs described on the Site, if any, at any time and without notice. Your continued use of the Site after any changes made by Nonprofit will be considered an acceptance of those changes.
XII. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between Nonprofit and you pertaining to the subject matter of this Agreement. In its sole discretion, Nonprofit may modify these Terms and Conditions by posting the revised version on this Site without notice.
By using this Site and agreeing to these Terms and Conditions, you hereby agree that you will defend, indemnify and hold Nonprofit harmless from any and all damages, liabilities, costs and expenses (including, but not limited to reasonable attorneys' fees) incurred by Nonprofit as a result of any breach of your agreements, representations and/or warranties or any other part of these Terms and Conditions. Nonprofit shall be entitled to its choice of counsel to represent it with respect to any such damages, liabilities, costs and expenses.
XIV. NO UNLAWFUL OR PROHIBITED PURPOSE
As a condition of your use of this Site, you warrant to Nonprofit that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
XVI. WAIVER AND SEVERABILITY
Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term or provision of these Terms and Conditions. If any provision in these Terms and Conditions shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.