Agreement between user and Oticon
1. "Oticon" means Oticon A/S, a limited liability company, registered in Copenhagen under registration No. 42334219 and having its registered address at Kongebakken 9, 2765 Smørum, Copenhagen, Denmark or any corporation or other entity controlled by Oticon A/S or affiliated to Oticon A/S.
2. Oticon 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.
3. As used in these Terms of Use, the term “this Website” includes our home page located at www.oticon.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.
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 authorisation, 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 Oticon, in its sole discretion, deems offensive; and
(b)
You shall take any and all actions necessary to maintain the privacy of your password.
Agreement not transferable
You acknowledge that the right to use this Website and any other product or service offered by Oticon, 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 Oticon. Any attempt to transfer your rights under these Terms of Use without the express written consent of Oticon is void and shall constitute a breach of these Terms of Use. Oticon will not assign or transfer its rights under these Terms of Use without your consent.
Use of bulletin boards, chatrooms, and other communication forums
1. This Website may include bulletin boards, chat rooms, or other message or communication facilities. You are solely responsible for any information you post in any forum made available in, on, or through this Website. This Website shall be used for lawful purposes only. No material shall be posted in, on, or through this Website 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 us, or is otherwise objectionable, gives rise to civil liability, or otherwise violates any law, or that encourages conduct that would constitute a criminal offence. This Website shall not be used to solicit other persons to become users of services competitive to Oticon. Advertising or commercial solicitation may only be posted in, on, or through this Website with Oticon’s express prior approval and solely in accordance with the terms and conditions imposed by Oticon regarding advertising and commercial solicitation on this Website. If Oticon is notified that a message posted in, on, or through this Website violates the legal rights of others or the stated guidelines for posting messages, Oticon shall have the right to remove the message. Such a posting will also constitute breach of these Terms of Use.
2. You agree not to upload, post, or otherwise make available any material protected by copyright, trademark, or other proprietary right on this Website, without the express permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining that any material is not protected by copyright, trademark or other proprietary right rests on you. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any uploading, posting, or submission.
3. You agree not to upload files to this Website that contain viruses, corrupted files, or other similar software or programs that may damage the operation of another person’s computers, software, websites, or network. You will be solely reponsible for damages arising from any claims that files posted by you caused damage to the operation of another person’s computer, software, websites, or network
4. You acknowledge that forums, unless expressly stated otherwise, provided by this Website are public and not private communications. Oticon shall have the right, but not the obligation, to monitor the content of the forums to determine compliance with these Terms of Use and any other operating rules established by Oticon. You also acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by Oticon. Oticon reserves the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted in, on, or through this Website. Without limiting the foregoing, Oticon shall have the right to remove any material or contents posted by users in, on, or through this Website, including without limitation bulletin board postings, that Oticon, in its sole discretion, finds to be in violation of the provisions of these Terms of Use, otherwise objectionable, or stale. Furthermore, Oticon reserves the right to deny in its sole discretion your access or any other person’s access to this Website or any portion thereof without notice.
Disclaimer of warranties and limitation of liability
1. Use at own risk. You agree that use of this website is at your own risk. Oticon 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.
2. Warranty disclaimer. The contents of this website are provided by Oticon 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. Oticon 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, Oticon 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, Oticon is a distributor and not a publisher. Oticon 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 Oticon. Oticon makes no warranty as to the completeness, accuracy, currency, or reliability of information published by Oticon on this website.
When using this website information will be transmitted over a medium, which is beyond Oticon’s control and jurisdiction. Accordingly, Oticon 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. Oticon 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 Oticon 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.
3. Disclaimer of damages. In no event shall Oticon 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 Oticon, or (4) your failure to abide by the terms of these terms of use. This limitation on Oticon’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 Oticon 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 Oticon 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 Oticon for or from the use of this website.
4. Linked websites. Oticon 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.
Indemnification
You agree to indemnify and hold Oticon 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, Oticon shall not be liable for any loss or damage arising out of or based upon any act or omission by it, unless Oticon 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.
Links to third-party sites
This Website may contain links to other web sites operated by parties other than Oticon. Such links are provided for your reference only. Oticon 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.
Privacy
1. Oticon respects the privacy of visitors to this Website. Oticon will only collect personally identifiable data, such as your name, address, telephone number, or e-mail address, when it is voluntarily submitted to Oticon at this Website. Oticon 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, Oticon may consider the information to better understand your needs and how Oticon can improve the quality of this Website and Oticon may use the information to contact you.
2. 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.
3. This Website is not intended or designed to attract children under the age of 13. Oticon does not collect personally identifiable data from any person Oticon knows to be under the age of 13.
4. The privacy policies and procedures of Oticon described herein do not apply to third-party sites. Oticon suggest that you contact those third-party sites directly for information on their data collection and distribution policies.
Copyright and limitations on use
1.The Content made available through this Website by Oticon is the property of Oticon and/or Oticons licensors and is protected by copyright and other applicable laws. Oticon 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 1999-2000 Oticon A/S. 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 organisation, without the express prior written consent of Oticon.
2. 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 Oticon. All rights not expressly granted herein are reserved to Oticon and its licensors.
3. 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.
4. You expressly grant to Oticon 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.
Trademarks
“Oticon” is a trademark of Oticon A/S. All rights reserved. All other trademarks appearing on this Website are the property of their respective owners, including, in some instances, Oticon. Reproduction, in whole or in part, is prohibited without express prior written permission.
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.oticon.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 Oticon, or is otherwise objectionable, gives rise to civil liability, or otherwise violates any law, or that encourages conduct that would constitute a criminal offence.
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 Kingdom of Denmark, without regard to that state’s conflicts or choice of law provisions.