Last Updated: July 29, 2015
Account Enrollment and User Requirements
The NuEar professional Websites are intended only for use by hearing care professionals, the businesses they own and operate, and their authorized representatives. When we use the words, “you” or “your” or “yourself”, we mean NuEar customers who provide hearing health care to their patients (including hearing care professionals and their businesses and authorized representatives) as users of the Website. To access the Website, you must first enroll to establish an individual user account (“Account”), by providing certain information. In exchange for your use of the Website, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account enrollment form; and (ii) each time you log on, maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Website or any portion thereof.
Upon enrollment, you will establish a unique username and password (which may be changed from time to time). Your Account, username, and password are personal to you and you are responsible for maintaining the security of passwords associated with the Account you use to access the Website. You should never allow anyone to access your Account on your behalf. You assume responsibility for all unauthorized use of your Account username, or password, and you must promptly notify NuEar of all actual or suspected unauthorized use.
NuEar grants you permission to access and use this Website for your own internal purposes and business operations. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you make take such actions as are enabled by such features.
You agree that you will not:
- Use the Website in any way that violates any applicable federal, state, local or international law.
- Use the Website to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm NuEar or users of the Website or expose them to liability.
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
This Website and all of its contents, features and functionality (including but not limited to the information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are the property of NuEar and its licensors and other suppliers of such material and are protected by U.S. and international copyright, trademark and other intellectual property rights laws.
The NuEar name and all related names, logos, product and service names, designs and slogans are trademarks of NuEar or its affiliates or licensors. You must not use such marks without the prior written permission of NuEar. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You understand that NuEar, in providing the Website, is not acting as a physician, audiologist or other medical services provider. The content of the Website should not be considered medical advice.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NUEAR NOR ANY PERSON ASSOCIATED WITH NUEAR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER NUEAR NOR ANYONE ASSOCIATED WITH NUEAR REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
NUEAR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL NUEAR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
Operation of Website
NuEar reserves complete and sole discretion with respect to the operation of Website. NuEar may withdraw, suspend or discontinue any functionality or feature of the Website. NuEar is not responsible to you for maintaining any data arising from use of the Website.
Information Starkey Gathers and Tracks
We gather the following types of information about you as users of the Website:
- Information that users provide through optional, voluntary submissions. This information may include your own personal information, such as your name, phone number, email address, state and zip code. This information also includes limited personal information about your patients as purchasers of NuEar products. In providing NuEar information about your patients, you represent and warrant that you have all rights and authorizations necessary to provide, transmit and/or transfer any such information to NuEar. Without limitation, you agree that, to the extent required by applicable law, you have provided notice to, and obtained consent from, any third-party individuals whose personal information you supply to us through the Website (including without limitation your patients). We collect this information to respond to requests from users, customize our features for individual visitors who are NuEar customers and to notify customers about updates to our site and products or services.
- Information that we collect automatically as you navigate the Website. This information may include usage details, IP addresses and information collected through tracking technologies such as cookies and web beacons. Information NuEar gathers through aggregated tracking is used to determine which areas of our sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. We collect this information in order to determine how to create the best experience for our customers. We may track search terms entered in our Search function as one of many measures of what interests our users, but this tracking is never associated with an individual user.
- Chat sessions.If you use NuEar’s online chat capability with our Customer Service group, the chat information may be stored for quality control purposes.
Use of Personal Information
NuEar strictly protects the security of your personal information and honors your choices for its intended use. We may use third-party contractors to help us operate our business and the sites or administer activities on our behalf, and may share your personal information with these contractors for those limited purposes. We use your information solely to fulfill services, transact a purchase, and help us improve our Website and product offerings to you. Notwithstanding any other provision to the contrary, NuEar reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies) and, when required by law, regulation, legal process or government requests, to disclose any personal information furnished by you or collected by NuEar to law enforcement authorities or other relevant or related third parties. NuEar will not sell your personal information except in connection with a corporate sale, merger or acquisition of NuEar.
Some of the features on this Website may allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via e-mail. The e-mail response or confirmation may include your personal information, including your name, address, etc. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.
Accessing and Correcting Your Information
You may contact us if you wish to view and/or correct the personal information that you have submitted to NuEar, and we will use commercially reasonable efforts to accommodate your request. You may also contact us if you believe that any inaccurate or inappropriate information has been obtained or provided to others through your use of this Website.
Cookies and Other Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system and browser type.
- The Website may use "cookies" and other technologies such as pixel tags and web beacons.
Your California Privacy Rights
California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. To make such a request, please contact us and indicate whether you are a California resident.
California law requires us to let you know how we respond to web browser “Do Not Track” signals. Our Website does not currently support “Do Not Track” codes. That is, NuEar does not currently respond to or take any action with regard to “Do Not Track” requests.
Users Outside of the U.S.
The information you provide via the Website may be stored and processed in the United States or any other country in which NuEar or its affiliates, subsidiaries or agents maintain facilities. Your information may be processed in countries with different data protection standards than your country of residence. By using this site and providing NuEar with personal information, you agree that you have read this policy and consent to any transfer, processing or storing of the information outside of your country of residence.
The Websites are not intended for use by anyone under 13 years of age. Consistent with the United States Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.
Links to Other Websites and Services
NuEar operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk.
Last Updated: July 29, 2015