July 20, 2008
For a list of the members of the Cochlear family of businesses and the Websites operated by each, please click here.
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. 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 911 IMMEDIATELY. 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.
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.
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. 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. 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 Sites if you do not meet the applicable age requirements.
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 Passwords. You are responsible for maintaining the confidentiality of your passwords. We have the right to assume that anyone accessing our Websites using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing our Websites using a password assigned to you, even if the individual is not, in fact authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it, using the functionality provided on the applicable Website, and notify us at firstname.lastname@example.org.
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 without our prior written consent, such as contests, sweepstakes, barter, 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; 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.
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.
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.
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.
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.
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:
13059 East Peakview Avenue
Centennial, CO 80111,
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 Americas or the trademark owner.
Our Websites may not be used in connection with any commercial purposes, except as specifically approved in writing by Cochlear Americas or another member of the Cochlear family of businesses. Unauthorized framing of or linking to any of our Websites is prohibited. 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.
Links to Third-Party Websites
If you access one of our Websites from outside the United States, you agree to comply with all local rules regarding your use of our Website.
You are solely responsible for your interactions with other members of our Websites. Cochlear reserves the right, but has no obligation, to monitor disputes 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.
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. 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.
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.
Modification and Discontinuation
We reserve the right to discontinue or modify any Website at any time without prior notice.
Governing Law, Jurisdiction and Venue
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.