Posted: September 25, 2013

Version 1

HEARING TRACKER, INC. WEBSITE TERMS OF USE

These Terms of Use (the “Terms of Use” or the “Agreement”) describe the terms on which you may access and use the http://hearingtracker.com website (the “Website”), which is owned and operated by Hearing Tracker, Inc. (“Hearing Tracker”). By using this Website, you signify that you have read, understand and agree to be bound by this Agreement. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In the event of any inconsistency between the Hearing Tracker, Inc. Privacy Policy http://hearingtracker.com/privacy and this Agreement, this Agreement shall control.

We may revise the Terms of Use from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms of Use every time you use the Hearing Tracker website because they are binding on you. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HERE, PLEASE DO NOT USE THIS WEBSITE.

Termination

Hearing Tracker reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without notice. Examples of activity that may lead to a termination of your use of the Website include your breach of any of these Terms of Use. This Website Does Not Provide Medical Advice All material on this Website is provided for informational purposes only. Inclusion of information on this site does not imply any medical advice, recommendation or warranty. Although the Website offers hearing aid reviews and ratings, and hearing aid dispenser (“Provider”) ratings, such information is not a substitute for the advice of a Provider or other appropriate health professional.

Hearing aid reviews are submitted by patients. Providers merely initiate the reviews by entering a patient’s hearing loss and device model. Providers are rated based on the reviews of the hearing aids they fit. For example, if a Provider fits one hearing aid and the patient’s review gives the hearing aid a 100% score, then the Provider’s score will also be 100%.

Hearing Tracker does not recommend or endorse any specific products (e.g., hearing aids), tests, procedures, opinions or other information that may be mentioned on this Website. Hearing Tracker does not endorse any Providers advertising or listed on the Website, nor does it assume liability for credentialing such Providers. Reliance on any information provided by Hearing Tracker, Hearing Tracker employees or otherwise appearing on the Website is solely at your own risk.

While all attempts will be made to keep this site current, information may become outdated over time, or superseded by subsequent disclosure. This Website could also include technical or other inaccuracies or typographical errors. Hearing Tracker assumes no liability for the accuracy or completeness of, nor any liability to update, the information contained on this Website.

Information regarding hearing aid products on this website may be provided by a Provider, a patient or a user of the Website, and you should consider the source when evaluating such product information. Changes may be periodically added to the information and these changes will be incorporated in new editions of this Website.

Hearing Tracker Does Not Maintain Protected Health Information

Hearing Tracker does not intend to maintain any protected health information (“PHI”) on this Website, as such term is defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Providers initiating hearing aid reviews or providing other information to the Website agree to not upload any PHI. In the event that Hearing Tracker discovers PHI on this Website, it will be promptly removed.

Proprietary Rights In Website Content

Hearing Tracker retains all copyright and other proprietary rights in the contents of this Website (the “Content”). Elements of this Website are protected by copyright, trade dress and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark or copyright of Hearing Tracker or any third party. Certain portions of this Website contain information supplied and updated by third parties, or include links to third-party sites. Hearing Tracker is not responsible for, and makes no warranty as to the accuracy of, such information or sites.

Hearing Tracker claims no ownership in, nor any affiliation with, third-party trademarks or brand names that may appear on this site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Hearing Tracker should be inferred from their use. You are not permitted to use the trademarks displayed on this Website without the prior written consent of Hearing Tracker or the third party that may own the trademarks.

No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Hearing Tracker’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet website or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.

Links to Other Websites

This Website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through this Website does not imply approval or endorsement of the linked website by us. If you decide to leave this Website and access these third-party websites, you do so at your own risk.

Limitation of Liability

Hearing Tracker, its affiliates and any of its, or their, directors, officers, employees or agents shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any contents of this Website (or a Website linked to this Website), or any other cause and even if caused by negligence or if we have been apprised of the likelihood of such damages occurring.

The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages. Hearing Tracker's total liability to you hereunder shall not, in any event, exceed your online charges for accessing this Website.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT HEARING TRACKER DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. HEARING TRACKER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

HEARING TRACKER MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEARING TRACKER OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Waiver of Jury Trial and Class Actions

BY ENTERING INTO THESE TERMS OF USE, YOU AND HEARING TRACKER ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND HEARING TRACKER BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND HEARING TRACKER BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

Indemnification

By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless Hearing Tracker and its officers, employees, agents, subsidiaries, affiliates, licensors, suppliers and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of this Website.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Hearing Tracker may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of Hearing Tracker and the public.

Jurisdiction

This Website (excluding linked sites) is controlled by Hearing Tracker, Inc. from its offices in the State of Texas in the United States. By accessing this Website, you and Hearing Tracker agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the State of Texas, without regard to its conflicts of laws principles. You and Hearing Tracker also agree, and submit to the exclusive personal jurisdiction and venue of the courts of the State of Texas with respect to such matters. Hearing Tracker makes no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws.

Notices

Hearing Tracker may deliver notice to you under these Terms of Use by means of e-mail, a general notice posted on the Hearing Tracker website, or by written communication delivered by first-class U.S. mail to the address that you have provided to Hearing Tracker. You may give notice to, or submit comments or questions to, Hearing Tracker at any time via e-mail or by letter delivered by first-class postage prepared U.S. mail or overnight courier to the following address:

Hearing Tracker, Inc.
Attn: Terms of Use
PO Box 40702
Austin, Texas 78704

E-mail: info@hearingtracker.com

Survival

The provisions of these Terms of Use entitled “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnification,” “Jurisdiction” and “General Provisions” will survive the termination of this Agreement.

General Provisions

Except as provided in a particular “Legal Notice” on this website, these Terms of Use, along with the Hearing Tracker, Inc. Privacy Policy, constitute the entire agreement and understanding between you and Hearing Tracker with respect to use of this Website, superseding all prior or contemporaneous communications with Hearing Tracker. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third- party rights or benefits.