11. Copyright Policy Unless otherwise indicated, the Site and Services are our proprietary property and are protected by United States and international copyright laws. All rights are reserved. Nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to remove any infringing material from the Site. If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with us by email to firstname.lastname@example.org or call us at 888-998-0021. Please see 17 U.S.C. 512(c)(3) for the requirements of a proper takedown notification. If you knowingly misrepresent in your notification that the material is infringing, you will be liable for any damages, including costs and attorney fees, incurred by us or the alleged infringer as the result of our reliance on such misrepresentation in removing or disabling access to the material claimed to be infringing.
12. Trademarks The Services include both registered and unregistered trademarks, service marks, logos, slogans, and designs that are our property and subject to and protected by the copyright, trademark, and intellectual property laws of the United States and may not be copied, imitated, or used by you. In addition, the look and feel of the Site is our service mark, trademark and/or trade dress and may not be copied, imitated or used by you. All other trademarks, service marks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. You may browse the Site, download and print content if you keep intact all copyright, proprietary statements and trademark notices. No reproduction of any part of the Site may be distributed for commercial gain nor shall it be sold, modified or incorporated in any other work, publication, or website.
13. Links You may not use our logo or any other proprietary graphic to link to the Site or Services; however, we permit text links to content on our Site, provided: (a) the purpose of the link is not to damage the reputation of the Site, its representatives, or users; (b) the appearance of the link does not imply an association with us or the Site that does not exist; and (c) when accessed, the link must open in full-screen, and not as a frame on the linked website. Third party websites are not under our control and we are not responsible for the quality, content, nature, or reliability of third-party websites accessible by link from the Site or websites linking to the Site. We may provide links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of any website. By using the Site or Services, you expressly relieve us from any liability arising from your use of third-party websites. When you leave the Site, you should be aware that our terms and policies will no longer apply.
14. Submissions You acknowledge and agree that any feedback, comments, questions, suggestions, ideas, or other communication or materials (collectively, “Submissions”) regarding the Site or Services provided by you as a submission to us will become our sole property. We will own exclusive rights, including all intellectual property rights, and we will be entitled to the unrestricted use and dissemination of all Submissions for any lawful purpose without acknowledgment to you or payment of any compensation. You hereby waive your moral rights to any Submissions and you hereby warrant that any Submission is original with you or that you have the legal right to make the Submission. You agree that you will have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. We are under no obligation to use any Submission.
15. User Content The Site may include Services in which you may create, post, share, or store content, messages, materials, data, text, and graphics within the Site (“User Content”). User Content you create, post, share, or store in interactive public areas of the Site will be viewable by other users of the Site and Services and through third party websites. You should only provide User Content in public forums that you are comfortable sharing with others under these Terms of Service. Your User Content belongs to you, subject to our rights as outlined below and you warrant your legal right to provide any User Content to the Site. You give us an irrevocable and non-exclusive license to use, reproduce, publish, distribute, modify, destroy, or otherwise use your User Content, including copies thereof, for the purposes of the Site. You agree to waive all moral rights in your User Content, and you warrant that you have not otherwise asserted moral rights to your User Content. You are solely responsible for your use of the Services, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Site any of the following:
16. Electronic Communications Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. Your Warranties and Representations You warrant and represent that you have the right and legal capacity to agree to and comply with these Terms of Service. You affirm that you are 18 years of age or older and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and you agree to abide by and comply with these Terms of Service. Further, you warrant and represent that you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise. If you are using the Site on behalf of a third party, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to these Terms of Service. You warrant and represent that you will provide the most current, accurate, and complete information about yourself when interacting with us, the Site, or the Services. You are responsible for your use of the Site. We will not be responsible or liable for inaccurate, outdated, false, or misleading information created by you or any other user of the Site or Services. You are cautioned to independently confirm and verify the data presented by other users of the Site and Services. To the maximum extent permitted by law, you expressly waive all claims against us, our employees, and agents that may arise from your use or access to the Site.
17. Disclaimer THE SITE AND SERVICES ARE NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR AN OUTSIDE PROFESSIONAL HEARING SPECIALIST. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES OFFERED OR AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, TITLE AND NON-INFRINGEMENT. AS TO THE ACCURACY OR RELIABILITY OF THE SERVICES ACCESSED THROUGH THE SITE, WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE OR ERROR-FREE. WE EXPRESSLY DISCLAIM LIABILITY FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, TECHNICAL FAILURES, INCOMPLETE, SCRAMBLED OR DELAYED TRANSMISSIONS OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS TO USER TRANSMISSIONS BY THIRD PARTIES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES, MALWARE, DEFECTIVE SOFTWARE OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABILITY OF SERVICES AND OTHER CONTENT ON THE SITE OR ACCESSIBLE THEREFROM IS SUBJECT TO CHANGE WITHOUT NOTICE. USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
18. Advertisers We may accept advertisers and sponsors to display their advertisements and other information in certain areas of the Site such as, but not limited to, sidebar advertisements or banner advertisements. If you are an advertiser, you take full responsibility for any advertisements you place, and any services you provide or products you sell though those advertisements. We simply provide the space to place such advertisement and we have no other relationship with advertisers or sponsors. Advertisers represent and warrant that they possess all rights and authority to place advertisements on the Site including, but not limited to, intellectual property rights, publicity rights and contractual rights. Advertisers agree that such advertisements are subject to our DMCA Copyright Policy and take-down provisions found therein. Advertisers agree that there shall be no refund or other compensation for DMCA takedown related issues.
19. Changes, Interruptions and Termination We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or Services any time and for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or Services. We may block, deny, terminate, suspend, or limit your access to or use of the Site or Services in our sole discretion, at any time or for any reason and without notice or liability. We have no responsibility or obligation to maintain the Services on the Site or to supply any corrections, updates, or releases in connection therewith.
20. Limitation of Liability IN NO EVENT WILL WE OR OUR EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO US THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. Indemnification You agree to defend, indemnify, and hold Company, Site and Owners of said harmless, including our employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees), which arise from: (a) Your use of and access to the Site or Services; (b) your violation of these Terms of Service; (c) your violation of the rights of a third party, including by not limited to intellectual property rights; or (d) any act or omission by you related to the Site or Services.
23. Severability If any provision of these Terms of Service is deemed unlawful, invalid, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Service and will not affect the legality, validity, and enforceability of any remaining provisions of these Terms of Service. Our failure to enforce any particular term will not be construed as a waiver of any of our rights under these Terms of Service.
24. Questions and Comments If you have any questions, comments, or want to report a violation regarding these Terms of Service, please call us at 888-998-0021 or send us an email to: email@example.com. We will try to address all issues to the best of our abilities.