Disclaimer

By using this website, you agree to be bound by these terms of use. If you do not wish to be bound by these terms of use, please do not use this website. Thank you.

A. Agreement between user and Union Square Hearing, Inc

Union Square Hearing, Inc offers you access to this Website only if you agree to all of the terms, conditions, and notices contained in these Terms of Use. By using this Website, you are agreeing to all of those terms, conditions, and notices.

As used in these Terms of Use, the term "this Website" includes our home page located at www.bayareahearingcenter.com and all other web pages which (1) we own, (2) we control, directly or indirectly, and (3) are linked, directly or indirectly, to this home page. The term "this Website" also includes all Website products and services, for example bulletin boards and chat rooms. "Content" is any and all text, graphics, or other multimedia material within the body of any web page that is part of this Website.

B. User information

We may request, in order for you to use certain areas of this Website, that you register, create a user or member name, create a password, or otherwise log in with your email address or with a user or member name which you select. In the event that your use of or participation in any portion of this Website requires that you register, create a user or member name, create a password, or otherwise log in with your email address, you agree that:

(a)You shall not (i) select or use a user or member name or email address of another person with the intent to impersonate that person; (ii) use, without authorization, a user or member name or email address which belongs to anyone other than you or which is subject to the rights of any person other than you; (iii) use a user or member name in violation of the intellectual property rights of any person; or (iv) use a user or member name that Union Square Hearing, Inc, in its sole discretion, deems offensive; and

(b)You shall take any and all actions necessary to maintain the privacy of your password.

C. Agreement not transferable

You acknowledge that the right to use this Website and any other product or service offered by Union Square Hearing, Inc, is personal to you and is not transferable by assignment, sublicense, or any other method to any other person or entity, except upon the express written consent of Union Square Hearing, Inc. Any attempt to transfer your rights under these Terms of Use without the express written consent of Union Square Hearing, Inc is void and shall constitute a breach of these Terms of Use. Union Square Hearing, Inc will not assign or transfer its rights under these Terms of Use without your consent.

D. Disclaimer of warranties and limitation of liability

Use at own risk. You agree that use of this website is at your own risk. Union Square Hearing, Inc does not make any warranty as to the results that may be obtained from use of this website or as to the accuracy, reliability or contents of any information provided through this website.

Warranty disclaimer. The contents of this website are provided by Union Square Hearing, Inc as a service. This website does not contain all information that may be relevant to hearing loss issues in general or to your or any other individual's situation in particular. All contents provided on this website are only general information regarding hearing loss issues and are intended only to facilitate communication between you and your hearing care or other professional healthcare provider. Contents provided on this website are not intended as and cannot provide either a diagnosis of a specific problem or condition or a specific recommendation of the appropriate treatment. Contents provided on this website should not be used as a substitute for seeking professional hearing care or other care. All specific questions you may have about your hearing loss condition, treatment, care or diagnosis should be presented to your own professional hearing care or other professional healthcare provider. Union Square Hearing, Inc is not liable for any personal injury, including death, caused by your reliance on or your use or misuse of any information presented or contained on this website.

Except if expressed and unambiguously stated otherwise, Union Square Hearing, Inc does not in any way endorse, operate, control or assume responsibility for any information regarding any services offered or provided by any third party, which or who may be listed on or linked to this website including any hearing care center or service provider, which or who may be listed on or linked to this website.

This website may include contents provided by third parties and users. For any and all such contents, Union Square Hearing, Inc is a distributor and not a publisher. Union Square Hearing, Inc has no more editorial control over such contents than does a public library or newsstand. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties (including hearing care centers and other professional hearing care service providers and other merchants and licensors) are those of the respective authors or distributors of such contents and not of Union Square Hearing, Inc. Union Square Hearing, Inc makes no warranty as to the completeness, accuracy, currency, or reliability of information published by Union Square Hearing, Inc on this website.

When using this website information will be transmitted over a medium, which is beyond Union Square Hearing, Inc's control and jurisdiction. Accordingly, Union Square Hearing, Inc assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of this website. Union Square Hearing, Inc expressly disclaims any warranty that the services or contents provided by or on this website will be uninterrupted as to the results obtained from use of the services or contents. The services and contents are distributed on an "as is, as available" basis, and Union Square Hearing, Inc makes no warranties of any kind, either express or implied, including without limitation warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

By using this website you acknowledge that your use of this website is at your own risk, that you assume full responsibility for all risk associated with your use of this website, including without limitation responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website.

Disclaimer of damages. In no event shall Union Square Hearing, Inc be liable to you for any special, collateral, direct, indirect, exemplary, incidental or consequential damages, including but not limited to loss of goodwill, loss of profits or loss or use (1) for breach of any of the provisions of these terms of use, (2) arising out of the inability to use this website, (3) arising out of the breach of any warranty by Union Square Hearing, Inc, or (4) your failure to abide by the terms of these terms of use. This limitation on Union Square Hearing, Inc's liabilities shall be in full force regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if Union Square Hearing, Inc had previously been advised of the possibility of such damages. You hereby acknowledge that the provisions of this section shall apply to all contents on this website and the forums. The aggregate liability of Union Square Hearing, Inc to you arising directly or indirectly out of and with respect to these terms of use shall not exceed an amount equal to any money paid by you to Union Square Hearing, Inc for or from the use of this website.

Linked websites. Union Square Hearing, Inc does not endorse, warrant or guarantee any product or service offered by a third party through this website and will not be a party to or in any way monitor any transaction between you and any third-party provider or products or services.

E. Indemnification

You agree to indemnify and hold Union Square Hearing, Inc harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees) arising from your use of this website or from your violation of these terms of use or any third party's rights including but not limited to copyright, property and privacy rights. This indemnification and hold-harmless obligation will survive these terms of use and your use of this website. With respect to any investment advice which it may provide, Union Square Hearing, Inc shall not be liable for any loss or damage arising out of or based upon any act or omission by it, unless Union Square Hearing, Inc has acted with willful or reckless misconduct, bad faith, gross negligence or has violated applicable law. Nothing in this paragraph shall be construed as a waiver or limitation of any rights, which you may have under applicable mandatory law.

F. Links to third-party sites

This Website may contain links to other web sites operated by parties other than Union Square Hearing, Inc. Such links are provided for your reference only. Union Square Hearing, Inc is not responsible for the availability of these external sites nor is it responsible for any of the content, advertising, products, or other materials on such external sites. Any concerns regarding any external link should be directed to its respective web site operator.

G. Privacy

Union Square Hearing, Inc respects the privacy of visitors to this Website. Union Square Hearing, Inc will only collect personally identifiable data, such as your name, address, telephone number, or e-mail address, when it is voluntarily submitted to Union Square Hearing, Inc at this Website. Union Square Hearing, Inc may use this information to comply with your request for information or as otherwise disclosed to you at the specific location at which you submit your information. From time to time, Union Square Hearing, Inc may consider the information to better understand your needs and how Union Square Hearing, Inc can improve the quality of this Website and Union Square Hearing, Inc may use the information to contact you.

This Website also uses information to track the total number of visitors to this Website, the total number of visitors to each page of this Website, and the domain names and country of origin of our visitors or their internet service providers. Normally no personally identifiable information is available in this process.

This Website is not intended or designed to attract children under the age of 13. Union Square Hearing, Inc does not collect personally identifiable data from any person Union Square Hearing, Inc knows to be under the age of 13.

The privacy policies and procedures of Union Square Hearing, Inc described herein do not apply to third-party sites. Union Square Hearing, Inc suggest that you contact those third-party sites directly for information on their data collection and distribution policies.

H. Copyright and limitations on use

The Content made available through this Website by Union Square Hearing, Inc is the property of Union Square Hearing, Inc and/or Union Square Hearing, Incs licensors and is protected by copyright and other applicable laws. Union Square Hearing, Inc reserves all rights. Information received through this Website may be displayed, reformatted, and printed for your personal, non-commercial use only if you include the following copyright notice: "Copyright 2007 Union Square Hearing, Inc, All rights reserved." and any and all other copyright and proprietary rights notices which were contained in the Content. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through this Website to anyone, including but not limited to others in the same company or organization, without the express prior written consent of Union Square Hearing, Inc.

Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Union Square Hearing, Inc. All rights not expressly granted herein are reserved to Union Square Hearing, Inc and its licensors.

If you violate any term of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

You expressly grant to Union Square Hearing, Inc the royalty free, perpetual, irrevocable, non-exclusive, world-wide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and sublicense any message posted in, on, or through this Website (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

I. Trademarks

"Union Square Hearing, Inc" is a trademark of Union Square Hearing, Inc, All rights reserved. All other trademarks appearing on this Website are the property of their respective owners, including, in some instances, Union Square Hearing, Inc. Reproduction, in whole or in part, is prohibited without express prior written permission.

J. Links

You agree that any link from a website that you own, control, or author in part or in full, to this Website shall be exclusively to www.bayareahearingcenter.com and to no other web page within this Website. You agree that you shall make no link from a website that you own, control, or author in part or in full, if that website contains any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, reflects negatively on Union Square Hearing, Inc, or is otherwise objectionable, gives rise to civil liability, or otherwise violates any law, or that encourages conduct that would constitute a criminal offence.

K. Governing law

These Terms of Use, the performance thereof and any and all matters arising directly or indirectly herefrom or therefrom shall be construed, interpreted, applied and governed in all respects in accordance with the laws of the United States of America, without regard to that countries conflicts or choice of law provisions.

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