Third Party Content
Certain Content available on the Site and through the Services, including without limitation, content, podcasts, blogs and news and RSS feeds, may be provided by third parties to Ayling Hearing & Audiology (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Ayling Hearing & Audiology hereby grants you a license to display, download (where such capability is expressly provided) the Third Party Content on your personal computer and/or personal mobile device solely for your personal use if you are an individual and solely for your internal business use if you are an entity. You acknowledge and agree that you have no right to download, cache or display any of the Third Party Content except as set forth in this paragraph. You further acknowledge and agree that you have no right to reproduce, modify, edit, alter or enhance any of the Third Party Content in any manner. Ayling Hearing & Audiology disclaims all warranties and conditions with regard to content provided by third parties such as the third party content, including all implied warranties of merchantability, fitness for a particular purpose and noninfringement.
Restrictions and Obligations
You are prohibited from taking any action to violate or attempt to violate any security and access control provisions implemented in or in connection with the Site and the Services or the Content. Such prohibited conduct includes, without limitation, any efforts to (a) log in with a password not assigned to you (if applicable), (b) access Materials not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services. If Ayling Hearing & Audiology becomes aware of any of the foregoing activities, Ayling Hearing & Audiology will investigate and may respond, and when appropriate, Ayling Hearing & Audiology may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Ayling Hearing & Audiology asks that you respect Ayling Hearing & Audiology’s online community as well as other individuals participating within the Ayling Hearing & Audiology online community and/or using the Services. Your conduct should be guided by common sense and basic etiquette. Without limiting the generality of forgoing, you acknowledge that Ayling Hearing & Audiology expressly prohibits and you agree that you will not:
- Remove any copyright, trademark, service mark or any other proprietary rights notification contained in any materials that you access or copy via the Site or the Services or use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
- Intentionally expose the Site to any computer virus or any other program or code intended to disrupt or disable the operations of the Site; use any robot, spider or other program or device to retrieve or index any portion of the Site; harvest or otherwise collect information about other users for any purpose other that use of the Services as expressly permitted herein.
- Misrepresent yourself or represent your self as another user of the Site and/or the Services.
- Harass, threaten, embarrass, or do anything else to another user of the Services that is unwanted.
- Provide or post any data or information that is false, inaccurate, abusive, defamatory, discriminatory, hateful, obscene, threatening, inappropriate or otherwise objectionable.
- Impersonate or represent Ayling Hearing & Audiology staff or other industry professionals.
- Solicit another user’s password or other account information.
- Discuss or incite illegal activity.
Ayling Hearing & Audiology reserves the right to moderate the Services, however, the foregoing prohibitions do not impose on Ayling Hearing & Audiology, and Ayling Hearing & Audiology does not assume, any obligation to monitor or remove any Materials, other information or communication submitted by you or any content that you access through the Services. By using the Site or the Services, you hereby acknowledge and agree that you may be exposed to content that is offensive, indecent or objectionable to you. Your access to the Site and Services is undertaken at your own risk and Ayling Hearing & Audiology is not responsible for any offensive or otherwise objectionable materials in the Materials.
Password Restricted Areas of the Site
Certain areas of the Site may be password-restricted to authorized users that become members. If so, you are responsible for activities that occur under your account and for maintaining the confidentiality of your password and account, and agree to notify Ayling Hearing & Audiology if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.
Links to and From Third Party Websites
Certain other Web sites may link to this Site. You may provide links to this Site from your Web site as long as you do not link to this Site by any means that give visitors to your own Web site the impression that you are linking to pages that are within your own Web site, or that Ayling Hearing & Audiology endorses your Web site, sponsors your Web site, or is in any way affiliated with your Web site. You shall not attribute a link on your Web site to this Site and then link somewhere else. Do not frame any Content or other Materials from the Ayling Hearing & Audiology Site or otherwise present the Content or other Materials as your own.
The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of Ayling Hearing & Audiology or others used on this Site are the property of Ayling Hearing & Audiology or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of Ayling Hearing & Audiology or the respective owner, and nothing contained on this Site grants by implication, waiver or otherwise, any right to use such trademarks. All of the Materials are the sole property of Ayling Hearing & Audiology Inc. © 2008 or their respective third party owners, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Any and all ideas, suggestions and the like provided by you with respect to the Site and Services (“Supportive Information”) will be the property of Ayling Hearing & Audiology. You hereby assign to Ayling Hearing & Audiology all right, title and interest worldwide in such Supportive Information and any related intellectual property rights and you agree to assist Ayling Hearing & Audiology, at Ayling Hearing & Audiology’s expense, in perfecting and enforcing any such rights.
Your Representations and Warranties
You further represent and warrant that you are at least eighteen (18) years of age and can form a legally binding contract. You agree to indemnify Ayling Hearing & Audiology for any breach of the foregoing representations and warranties and for any claim made against Ayling Hearing & Audiology arising out of your content that is submitted or transmitted through the Service or your use of the Services.
Disclaimer of Warranty
You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, or outdated information, which may affect the quality of the Materials. You acknowledge that none of the Materials have been independently verified or authenticated in whole or in part by Ayling Hearing & Audiology, and agree that Ayling Hearing & Audiology does not warrant the accuracy or timeliness of the Materials and further agree that Ayling Hearing & Audiology has no liability for any errors or omissions in the Materials, whether provided by Ayling Hearing & Audiology or its licensors.
Ayling Hearing & Audiology, for itself and each of its licensors, makes no representations, warranties, or guarantees as to the quality, suitability, truth, accuracy or completeness of any information or material contained on the site, including without limitation the materials and any third party content. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the site, the services and any information or material contained on the site is provided to you on an “as is” and “where-is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed. Any material or content downloaded or otherwise obtained through the use of the services is done 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.
Limitation of Liability
Neither Ayling Hearing & Audiology nor any of its partners, agents, affiliates, third party service providers or content providers shall be liable to you or any third party for any indirect, incidental, special or consequential damages arising out of or related to the use or attempted use of the site, the services, or the materials on the site, however arising, whether for breach or in tort, even if Ayling Hearing & Audiology was informed of the possibility of such damages. Neither Ayling Hearing & Audiology nor any of its partners, agents, affiliates, third party service providers or content providers shall be liable to you or any third party for more than an aggregate amount of fifty dollars ($50.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the above limitation may not apply to you.
Term and Termination
Ayling Hearing & Audiology respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on the site in a way that constitutes copyright infringement and appears on our Site or through the Services, please provide our copyright agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.