These terms and conditions (the “Agreement”) form a legally binding agreement between you and MED-EL Corporation (“MED-EL”, “we”, “us” or “our”) regarding your use of the website located at https://shop.us.medel.com (the “Website”). Some products or services provided on the Website may be governed by separate or supplemental agreements. When using particular features or functionality, you shall be subject to any posted guidelines or rules applicable to such features or functionality, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement.
BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL OF THE TERMS, CONDITIONS AND NOTICES ON THE WEBSITE JUST AS IF YOU HAD SIGNED SUCH AGREEMENT AND TERMS AND CONDITIONS.
- REGISTRATION INFORMATION
As a condition of your use of certain features and functions on the Website, we may require that you register a unique user name and password combination. As part of the registration process, we require that you (a) provide MED-EL with true, accurate, current and complete information as prompted by the MED-EL’s registration forms and (b) update and maintain the truthfulness, accuracy and completeness of such information. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
- MINIMUM AGE
The Website is offered and made available only to users 18 years of age or older. If you are not yet 18 years old, or your use of the Website is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, please discontinue using the Website immediately because by using or attempting to use the Website, you certify that you are at least 18 years of age and meet all other eligibility requirements for your use of the Website.
- PROPRIETARY MATERIALS
The contents of the Website, including all software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Website Material”), are the property of the MED-EL, and any of its successors and assigns, and any of its respective licensors, suppliers, and service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. The Website is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Website, including notices on any Website Material you download, transmit, display, print or reproduce from the Website. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website), or otherwise use, any Website Material without the express prior written consent of MED-EL. Any unauthorized or prohibited use of any Website Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Website that infringes the copyright rights of others and will disable the access to the Website and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
- THIRD PARTY LINKS
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Website or any other form of link or re-direction of your connection to, with or through the Website, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of MED-EL, any of its successors and assigns, and any of its respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such third-party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, even if our names, trademarks, service marks or logos are on the third party site as part of a co-branding or promotional arrangement.
MED-EL may immediately terminate this Agreement, your account and your access to the Website and any service offered on or through the Website at any time in its discretion.
- MODIFICATION OF TERMS AND CONDITIONS
MED-EL will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on the Website. MED-EL will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. your continued use of the Website or any associated service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Website and all such services.
- MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
MED-EL reserves the right at any time to limit access to, modify, change or discontinue the Website with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of the Website. You agree that MED-EL will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Website. You agree that MED-EL may establish general practices, policies and limits, which may or may not be published, concerning the use of the Website. You agree that MED-EL has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. MED-EL is not responsible for any delays, failures or other damage resulting from such problems.
- USER FEEDBACK
MED-EL appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Website. If you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions), such Submissions will be the property of MED-EL. In addition, none of the Submissions will be subject to any obligations of confidentiality and MED-EL will not be liable for any future use or disclosure of such Submissions.
- WARRANTY DISCLAIMER
YOU UNDERSTAND AND AGREE THAT THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL WEBSITE MATERIALS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT MED-EL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE OF THE WEBSITE. MED-EL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR MED-EL COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY WEBSITE WILL BE CORRECTED. YOU ARE AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MED-EL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MED-EL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL SOFTWARE); (B) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE WEBSITE; (C) ANY OTHER MATTER RELATING TO THE WEBSITE; OR (D) ANY FAILURE OF MED-EL TO PROVIDE THE WEBSITE TO YOU. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT MED-EL IS FOUND LIABLE FOR ANYTHING RELATED TO THIS WEBSITE, MED-EL’ LIABILITY FOR DAMAGES WILL NOT EXCEED $100.00.
You agree that MED-EL may communicate any notices to you under this Agreement, through email, regular mail or posting the notices on the Website. All notices to MED-EL will be provided by either sending: (i) an email to email@example.com or (ii) a letter, first class certified mail, to MED-EL, 2645 Meridian Pkwy, Suite 100, Durham, NC 27713 Attn: Customer Service Dept. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
- ENTIRE AGREEMENT
This Agreement governs your use of the Website and constitutes the entire agreement between you and MED-EL regarding the Website. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and MED-EL regarding the subject matter contained in this Agreement.
- GOVERNING LAW
This Agreement and the relationship between you and MED-EL will be governed by the laws of the State of North Carolina, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Raleigh, North Carolina and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that MED-EL may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Website or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of MED-EL’s rights if MED-EL fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and MED-EL agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and MED-EL as a result of this Agreement or use of the Website.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE WEBSITE. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.