Effective Date/Last Update September 2015
Introduction.The HearPeers Community is a social networking service supported by MED-EL Elektromedizinische Geräte GmbH* (hereinafter MED-EL or “we” or “us”) to facilitate active communication by posting questions and receiving answers from new and old friends and interested partners all around the world who have registered with this website (“Members”). Members can discuss their experiences and exchange information by posting self-made texts, photos, videos, music and other Content (as defined herein) on our website. They have also the opportunity to connect directly with a HearPeers Mentor. A HearPeers Mentor is a hearing implant recipient, a parent or another relative of a person with a hearing implant, who voluntarily wants to pass his experiences to persons suffering from hearing loss.
Terms & Conditions of Use (T&C). These Terms & Conditions of Use (T&C) include guidelines for and limitations on the acceptable usage of the HearPeers Community and Mentor Programme, outline the services and Content offered on the HearPeers Community and Mentor Programme and identify Members’ rights, obligations and restrictions regarding use of the HearPeers Community and Mentor Programme. Please review these carefully. Members and visitors using this website acknowledge that they have read, understood and agree to be bound by these T&C, represent and warrant that they are at least thirteen (13) years old, and that they have the legal authority to accept the Terms and Conditions of Use. If you are between the ages of thirteen (13) and eighteen (18), you should review the Terms & Condition of Use with your parent or guardian to make sure that you and your parent or guardian understand the Terms & Conditions of Use. Persons who do not agree to be bound by the current T&C are not permitted to gain access to the HearPeers Community and Mentor Programme. We reserve the right to revise these T&C at any time and without prior notice by posting the revised version on our website with the effective date updated appropriately. Changes will be effective as of the date they are posted on the website. Use of the website constitutes your agreement to be bound by the revised Terms & Conditions of Use, so please check these T&C regularly.
Medical Disclaimer. Any information or communication on the HearPeers Community and Mentor Programme should be considered to be presented only for the purpose of expressing personal beliefs and should not be considered to be complete, accurate, timely or reliable, and under no circumstances should it be used as the basis for making healthcare decisions, nor should it be considered to be a substitute for the authoritative information and professional care and assistance received from a physician or other qualified health care professional. The Content of all portions of our website, including the HearPeers Community and Mentor Programme, whether provided by us, Members of the Community or third parties, is not intended and should not be used in place of advice by or consultation with a medical professional or information contained within product labelling/packaging. This website does not provide medical advice and should not be used to diagnose or treat health conditions. You should contact a healthcare provider if you have healthcare related questions. You should not disregard medical advice because of Content presented on this website or within this Community. Communication of information on this website/within this community does not constitute or create a healthcare relationship (such as that of doctor, therapist, clinician or otherwise) between you and us nor does it represent an endorsement, recommendation or sponsorship by MED-EL of any third party product or service. DO NOT USE THE SITE FOR EMERGENCY MEDICAL SERVICES. IN AN EMERGENCY PLEASE CALL YOUR LOCAL EMERGENCY ASSISTANCE NUMBER AND/OR YOUR PERSONAL PHYSICIAN.
Children. Children under the age of thirteen (13) are not permitted to submit personal information to our websites. If you are the parent or legal guardian of a child under the age of thirteen (13), you may use HearPeers to submit information about your child, however in doing so you accept that you could be providing personally identifiable information about your child to an open community. Therefore, MED-EL does not accept any liability for possible consequences of your posting of identifiable information about your child.
Access. As above, Membership and registration in the HearPeers Community and Mentor Programme is available for individuals thirteen (13) years of age or older. To become a Member of HearPeers Community and Mentor Programme you must complete the online registration process. By submitting a registration form and creating a password to become a Member in the HearPeers Community or Mentor Programme, you are representing to us that:
- you meet the age requirements posted on the website;
- the information you have provided on your registration form is accurate, current and complete, and you agree to maintain and promptly update your information so that it remains accurate, current and complete;
- you will use the HearPeers Community or Mentor Programme and its services in a responsible and lawful way and in full compliance with these T&C, all applicable laws, in respect for the rights of other Users and third parties as well as the instructions published on the HearPeers website
- you understand that you are responsible for the Content posted by you or anyone signing in under your Member Name and password;
- you understand that you are responsible for selecting what portion of your information will be available to other Members or visitors to the website; and
- the Content and material posted on or through the HearPeers Community or Mentor Programme and its services does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party and that you own the rights to the Content and material posted or you have paid in full all royalties, fees, or other sums due to any person relating to any Content or material posted by you on or through the HearPeers Community or Mentor Programme.
During registration you will be asked to choose a User Name (nickname) that will be used for registration purposes only. This User Name will not be required, used or displayed anywhere on the HearPeers website after registration. The first and last names entered will be used to identify the profile on HearPeers. Registered Members of the HearPeers Community and Mentor Programme have access to all Content and information provided by other Members based on Members’ selected privacy settings. Additionally, Members may choose to allow some consent and information to be accessible to visitors to the HearPeers website who are not Members (the public). HearPeers Community Members can decide whether they wish to make their information available to all Members of the website or to a select few. Members’ profiles will not be accessible to individuals who have not registered with HearPeers (visitors). Full access to the HearPeers Community and Mentor Programme is limited to its registered Members. The forum section of the HearPeers website will be open to visitors who have accessed it through an Internet search engine; however, to post a comment in the forums or to obtain additional information from Members, visitors must register to become a Member, accept the T&C and sign in.
Passwords. You are solely responsible for the activities of anyone accessing the HearPeers Community and Mentor Programme using your Member Name and password, so it is important that you protect the confidentiality of your password. Failure to appropriately safeguard your password constitutes a violation of these T&C. If you believe that your password has been compromised or used without authorization, you must promptly change it following the instructions provided on the HearPeers website, or immediately contact the Moderator in order to obtain assistance. Failure to do so constitutes a violation of these T&C. MED-EL reserves the right to terminate your access, disable your password, revoke your Membership or remove any Content at any time, for any reason or for no reason whatsoever, without prior notice to you. MED-EL may take these actions if you or anyone signing in under your Member Name and password fails to comply with the Terms and Conditions of Use of the HearPeers Community or Mentor Programme, as well as for other reasons.
Content. The HearPeers Community and Mentor Programme provides an opportunity for Members to post, upload, transmit or otherwise make available text, images, illustrations, graphics, audio, video or audio-video clips, or other materials (“Content”) on or through our website. You are responsible for material posted by you or anyone using your Member Name and password. You are also responsible for determining who and to what extent others may view your Content by setting your privacy preferences appropriately. MED-EL will take reasonable measures to prevent disclosure of your information to unintended third parties, but given the inherent risks involved in posting information on the Internet, we do not claim to be able to fully protect your information from all risk of unintended disclosure nor will we be responsible or liable for any such disclosure.
Except for information placed on the HearPeers Community ansd Mentor Programme by MED-EL or persons acting at its direction (including but not limited to Moderators), all of the information and communications on this website are contributed voluntarily by persons who choose to become Mentors or Members of the Community. Content provided by users (not MED-EL or MED-EL designated Moderators) is referred to as “User Content.” Content provided by you is referred to as Your Content. By participating in a Community such as HearPeers, which involves Content provided by many individuals, you may be exposed to User Content that you find objectionable or with which you disagree. MED-EL does not guarantee the accuracy or quality of any User Content and is not in any way liable for any Content posted by anyone other than MED-EL or our designated Moderator(s) nor for any loss or damage of any kind incurred as a result of the use of any User Content posted on or through the HearPeers Community or Mentor Programme. MED-EL is not responsible for backing up the Content published by Members. You should save a copy of the materials posted on the HearPeers Community if you wish to use this in the future for other purposes.
Prohibited Content. You agree not to use the HearPeers Community or Mentor Programme website to:
- solicit or collect personal information from anyone under the age of eighteen (18);
- collect or use personal information for an inappropriate, illegal, or commercial purpose;
- create a privacy or security risk to any person;
- provide any personally-identifying information (including but not limited to full names, street addresses, email addresses, telephone numbers, photographs, images or other information that another Member has posted) about anyone other than yourself without their explicit consent;
- post photographs of another person without their explicit consent or for children between the ages of thirteen (13) and eighteen (18), without their parent or legal guardian’s consent (posting photographs of children under the age of thirteen (13) is prohibited in all circumstances);
- provide false or misleading information or engage in conduct that is defamatory or libelous;
- impersonate another, use the name or password information of another, disclose one’s password to a third party or permit a third party to use his/her Member Name and password;
- upload, publish, send, transmit or otherwise disseminate advertisements, promotional materials, “junk mail,” “chain letters,” “pyramid schemes” any other form of unauthorized, unwanted or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights, intellectual property or other proprietary rights of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work;
- post Content that contains restricted or password only access pages or hidden pages, information, files or images (those not linked to or from another accessible page) that cannot be reached through a link and/or use the webspace as a backup of a file
- contact, advertise, solicit, or sell to any Member without their prior explicit consent;
- sell or otherwise transfer rights to your profile;
- create on the pages of the Website hypertext links to Internet sites without prior authorization by the Moderator;
- solicit passwords or personal identifying information for commercial or unlawful purposes;
- advertise to or solicit any Member to buy or sell or promote any products or services through the unauthorized or impermissible use of the HearPeers Community or Mentor Programme; exercise commercial activities or create affiliate links to derive economic benefits from the HearPeers Community or Mentor Programme; or promote activities such as gambling, contests, sweepstakes, barter, advertising, pyramid schemes or games involving monetary or other valuable compensation without prior written consent by MED-EL;
- display commercial or non-commercial advertisements on the Member’s own profile, or accept payment or anything of value from a third person in exchange for the Member performing any commercial activity on or through the HearPeers Community or Mentor Programme and its services on behalf of that person, such as placing commercial Content on the Member’s own profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose
- promote or provide instructional information about any criminal activity or enterprise including, but not limited to, making or buying illegal weapons, violating someone’s privacy or other rights, child pornography or any form of pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files.
You agree not to post Content that:
- is patently offensive, violent, promotes racism, bigotry, hatred, harassment or physical harm of any kind against any group or individual;
- is libellous or slanderous;
- exploits people in a sexual or violent manner, is pornographic or contains nudity, violence or offensive subject matter or contains a link to a website containing such material;
- involves any automated use of the system such as, but not limited to, using scripts to add friends or send comments or messages;
- collects others’ names, personal information or contact information by electronic or other means for the purpose of sending unsolicited communications;
- constructs any links to any page on the HearPeers Community or Mentor Programme from any other site on the Internet, or framing any page from the HearPeers Community or Mentor Programme on any other Internet site;
- involves the use of any automated or computerized instruments not previously authorized by MED-EL to access, obtain or download Content or to use the HearPeers Community or Mentor Programme;
- interferes with, disrupts or creates an undue burden on the HearPeers Community or Mentor Programme or the networks connected to the HearPeers Community or Mentor Programme and its Services;
- circumvents or modifies, attempts to or assists another in circumventing or modifying any security technology or software that is part of the HearPeers Community or Mentor Programme and its Services;
- interferes with any standard technical measures used by copyright owners to identify and protect copyrighted works;
- transmits or disseminates any kind of material that contains viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of any computer software or hardware or telecommunication systems of third parties, interrupt the normal execution of communications, interfere with or interrupt the services and/or the HearPeers Community and services connected or otherwise permit the unauthorized use of or access to a computer or a computer network; or
- uses the HearPeers Community or Mentor Programme and its services in a manner inconsistent with any and all applicable laws and regulations.
MED-EL will work with governmental authorities and provide information as may be required by law for tracking down persons suspected of violating the law and may report information to law enforcement authorities if we become aware of any infraction of the law. If Members become aware of misuse of the HearPeers Forum or the Connect to Mentor Tool and its services by any person, you should report this immediately to MED-EL at http://www.medel.com/contact or by contacting a Moderator.
Rights. MED-EL has the right, but no obligation, to screen, edit, refuse, or remove any User Content for any reason. We may, at our sole discretion, remove any User Content that violates the HearPeers Terms & Conditions of Use or is deemed to be objectionable or inappropriate for any reason. You are solely responsible for your interactions with other Members of our Websites. MED-EL reserves the right, but has no obligation, to monitor disputes between you and other Members of the HearPeers Community or Mentor Programme.
We do not claim ownership rights for any User Content posted on or through the HearPeers Community or Mentor Programme, but we do claim ownership rights in Content posted by MED-EL or persons authorized by MED-EL (including Moderators). You own and retain any and all intellectual property rights that you may have in Your Content subject to the non-exclusive license granted to MED-EL by virtue of posting Your Content on our website. By posting to the HearPeers Community or the Mentor Programme, you hereby grant MED-EL a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable (including rights to sublicense such Content to Members for their own personal non-commercial use as set forth herein) right to use, copy, publically perform, display, distribute and create derivative works with respect to any Content you provide. By posting on the HearPeers Community or Mentor Programme you hereby represent that you own all right, title and interest in Your Content, or otherwise have the right to grant such license to MED-EL.
As between you and us, we own and reserve all rights, title and interests in the HearPeers Community or Mentor Programme and all portions of our Website, including all of the software and code that comprise and operate our Website, and all of the Content of our Website except Your/User Content. Our Website and the Content we and others provide are or may be protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. We grant you a limited, revocable, non-sublicensable license to download and print copies of any portion of the Content of the HearPeers Community or Mentor Programme or other portions of our Website for your own personal, non-commercial use as long as you retain any copyright, trademark, or other proprietary notices with such Content. This license does not include the right to use any data mining or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You may not copy, distribute, perform or display publicly, prepare derivative works based on, or use any part of the Content on our Website (except Your Content) except as expressly provided in these Terms & Conditions of Use without MED-EL’s prior written permission. Any use of the HearPeers Community or Mentor Programme, our website and Content (except Your Content), other than as specifically authorized in these Terms & Conditions of Use is prohibited and will result in termination of this license. Unauthorized use may also violate applicable laws including copyright and trademark laws. Nothing in these Terms & Conditions of Use shall be construed as transferring any right, title or interest in our Website to you or anyone else, except the limited license to use the HearPeers Community or Mentor Programme website based on the terms set forth within these Terms & Conditions of Use.. MED-EL may also approach Members about participating in company surveys or questionnaires for the purpose of feedback. Members hereby understand and agree that they may be approached by MED-EL within the context of such objectives or activities, although they are free to accept or refuse to participate in these activities.
MED-EL is the owner of various trademarks that represent valuable good will of the company. You may refer to MED-EL’s trademarks in a manner that is not misleading and clearly acknowledges MED-EL’s ownership of such marks. By doing so, you acknowledge MED-EL’s ownership rights in such marks, and you agree that you will not interfere with or challenge MED-EL’s rights. You may not use any MED-EL trademark, logo, or slogan, including but not limited to the names MED-EL™ and HearPeers,™ in any manner that would lead to confusion as to the source of any product or service, in any manner that would falsely suggest that MED-EL is affiliated with, endorses, or sponsors any product or service, or in any disparaging manner. Other trademarks in use in the HearPeers Community or Mentor Programme may belong to third parties. You are granted no right in any such third party marks. You agree that you will not post any Content that infringes upon any third party’s trademark rights.
The HearPeers Community or Mentor Programme and any other portion of our website may not be used in connection with any commercial purposes, except as specifically approved in writing by MED-EL. MED-EL reserves the right to use the HearPeers Community and Mentor Programme for promotional, advertising, commercial, or similar purposes and to carry out surveys for the purposes of obtaining feedback. 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 Website without notice and may result in termination of Membership or access privileges. The HearPeers Community or Mentor Programme or other portions of our Website may contain links to other websites owned by third parties. 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, services and Content of any such websites. Before you use any third party website, you should review the applicable Terms & Conditions of Use and policies for such websites. The inclusion of a link in the HearPeers Community or Mentor Programme or any portion of our website does not imply our endorsement of such third party websites. If you decide to access any such linked websites, you do so at your own risk.
Membership and participation in the HearPeers Community or Mentor Programme is entirely voluntary. Members may cancel their Membership at any time by terminating their account and deleting their information on the website. All Personal data (Membership Profile) will be removed within 30 days if an account is terminated unless applicable laws or court order require the HearPeers Community to retain such data. All data inserted for the registration to connect to a mentor will be stored though, until a Member explicitly announces that he wants his data to be deleted.If you need assistance in removing certain Content that you have posted on the HearPeers Community, you may contact us at http://www.medel.com/contact. We will make reasonable efforts to remove Content from the website as requested but make no guarantee as to the complete removal of Content or any copies that may have been made.
Notice to Designated Agent. If you claim ownership of copyright in Content that resides in the HearPeers Community and Mentor Programme without authorization, or if you are authorized to act on behalf of a person who makes such a claim, you may provide notice of your claim by email or regular mail to the following:
MED-EL Worldwide Headquarters
Fürstenweg 77a | 6020 Innsbruck
Phone +43-512-288 889 | Fax +43-512-293-381
Notice Requirements. An infringement notice must include the following elements:
- 1. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- 2. Identification of the copyrighted work you claim was infringed, or, if multiple copyrighted works are covered by the same notification, a representative list of the infringed works.
- 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MED-EL to remove the material.
- 4. Information reasonably sufficient to permit MED-EL to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Failure to comply substantially with these notice requirements may result in a delay in review of your notification or – in the event MED-EL is unable to obtain supplemental information that substantially complies with the notice requirements — a denial of your request to remove or disable the material in question.
Takedown Upon Notice. Upon receipt of proper notification of claimed copyright infringement, MED-EL will respond expeditiously to remove, or disable access to, the material.
Counter Notification. After disabling or removing the alleged infringing material, MED-EL will take reasonable steps promptly to notify the Member who posted the material that the material was removed or access was disabled. Thereafter, the Member may provide a counter notification. To submit a proper counter notification a Member must provide:
- 1. A physical or electronic signature of the Member providing the counter notification.
- 2. Identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access was disabled.
- 3. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
- 4. The Member’s full name, address, telephone number, and Member Name.
- 5. If the Member’s address is located within the United States, the following statement: \“I consent to the jurisdiction of the Federal District Court in which my address is located and I will accept service of process from the person who provided notification under subsection ©(1)© or an agent of such person.\”
- 6. If the Member’s address is not located within the United States, the following statement: “I consent to the jurisdiction of the Federal District Court for any judicial district in which HearPeers Community may be found and I will accept service of process from the person who provided notification under subsection ©(1)© or an agent of such person.”
Actions Upon Counter Notification. Upon receipt of a counter notification that substantially conforms to the above requirements MED-EL will promptly provide the original claimant a copy of the counter notification, and inform the claimant that MED-EL will replace the removed material or cease disabling access to the material unless MED-EL receives notice, no more than ten (10) business days thereafter, that the claimant has filed an action seeking a court order to restrain the Member from engaging in infringing activity relating to the material.
Repeat Infringers. Posting infringing materials is a violation of the HearPeers Community’s and Mentor Programme’s Terms & Conditions of Use. MED-EL will not tolerate repeated violations of this policy. In appropriate circumstances, MED-EL may terminate the access, disable the password, revoke the Membership, or take other appropriate action with respect to one or more Members if MED-EL makes a reasonable determination that one or more Members are repeat infringers.
Misrepresentations. The DMCA, 17 U.S.C. § 512(f), provides for penalties against persons who knowingly materially misrepresent that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification. If you have questions about any notification or counter notification provided or to be provided hereunder, please seek advice from knowledgeable counsel. THE INFORMATION PRESENTED HERE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.
Video Content. Please note that videos posted in the HearPeers Community or Mentors Programme are hosted courtesy of YouTube, LLC. MED-EL cannot remove videos from the YouTube website. Please refer to the copyright infringement notification policies at their website, www.youtube.com, for information about how to provide notice of infringement to YouTube, LLC.
Disclaimer of Warranties
YOUR USE OF THE HEARPEERS COMMUNITY OR MENTOR PROGRAMME OR ANY OTHER PORTION OF OUR WEBSITE, AND ALL OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITE, IS SOLELY AT YOUR OWN RISK. THE HEARPEERS COMMUNITY AND MENTOR PROGRAMME ALL PORTIONS OF THIS WEBSITE 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, MED-EL AND ITS 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 THE HEARPEERS COMMUNITY, ANY PORTION OF OUR WEBSITE, THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITE, YOUR USE OF OUR WEBSITE, OR ANY WEBSITE TO WHICH OUR WEBSITE IS LINKED, INCLUDING ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MED-EL AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT: THE HEARPEERS COMMUNITY, ANY PORTION OF OUR WEBSITE OR THE CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT YOUR USE OF THE HEARPEERS COMMUNITY OR ANY PORTION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THE CONTENT IS ACCURATE, COMPLETE, CURRENT OR RELIABLE; YOUR CONTENT, COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA WILL NOT BE DELETED, LOST, MISDELIVERED, OR CORRUPTED; NO VIRUSES OR OTHER HARMFUL CODE WILL BE TRANSMITTED TO YOU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE HEARPEERS COMMUNITY OR ANY PORTION OF OUR WEBSITE 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. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE, CONTENT OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR WITHIN NATIONAL JURISDICTIONS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MED-EL OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO ACCESS OR USE THE HEARPEERS COMMUNITY OR ANY PORTION OF OUR WEBSITE, INCLUDING THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITE. THIS COMPREHENSIVE LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY/WRONGFUL DEATH, BUSINESS INTERRUPTION, LOSS OF INCOME, PROFITS OR DATA), EVEN IF AN AUTHORIZED REPRESENTATIVE OF MED-EL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CONTENT POSTED BY A USER OF THE HEARPEERS COMMUNITY OR ANY PORTION OF OUR WEBSITE. ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH THE HEARPEERS COMMUNITY OR ANY PORTION OF OUR WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE USER CONTENT YOU MAY ENCOUNTER ON OUR WEBSITE OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE.
Indemnity. You agree to indemnify and hold harmless MED-EL and its 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 your breach of these Terms & Conditions of Use or infringement of any rights of third parties (“Claims”). We will notify you promptly of any such Claims.
Dispute Resolution. If there is any dispute about or involving MED-EL, the HearPeers Community or MENTOR Programme, its Moderator(s) or its services, Members agree that the dispute shall exclusively be governed by Austrian law, without regard to conflict of law provisions, and Members agree to exclusive personal jurisdiction and venue in the state and federal courts of Innsbruck, Austria. If any provision of these Terms & Conditions of Use is held by a court of competent jurisdiction to be contrary to law, invalid or unenforceable, such provision shall be considered revised and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. In such cases, the remaining provisions of these Terms & Conditions of Use shall remain in full force and effect. These same conditions also apply to any contractual gaps.
Feedback. We welcome your feedback, suggestions and other communications regarding the HearPeers Community and Mentor Programme, any portion of our website, and the information, products and services made available through our website. Feedback may be provided through our website, forums, email, mail, surveys, verbal communications or other means. By providing such feedback you understand and acknowledge that:
- any feedback you provide is the exclusive property of MED-EL;
- we may use your feedback in any lawful manner we deem appropriate without notice, permission or compensation; and
- you have assigned to MED-EL all worldwide rights, title, interests, copyrights and other intellectual property rights in, to and from your feedback.
You should only provide feedback that you wish us to use accordingly.
I HEREBY EXPRESSLY WARRANT THAT I HAVE CAREFULLY READ AND UNDERSTOOD THESE T&C AND AGREE TO BE BOUND TO ALL OF THE PROVISIONS CONTAINED ABOVE.
You may contact MED-EL by emailing the Community Moderator at email@example.com.
MED-EL Elektromedizinische Geräte GmbH is a company headquartered at Fuerstenweg 77a in A-6020 Innsbruck, Austria, registered with the Commercial Register under FN 48608h at the Landesgericht Innsbruck. The HearPeers Community and website is hosted and the data is stored in the U.S.A.; other data storage locations may be added in the future and will be noted within these T&Cs.