Terms of Service for Otoharmonics
Not Medical Advice
Otoharmonics offers the information on this Site for general information and educational purposes only. This information is not intended as medical advice and should not be used for diagnosis. Information on this Site is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a health care professional. If you have questions or concerns about your health, please promptly contact your health care provider. Otoharmonics makes no commitment and undertakes no obligation to update or ensure accuracy of the information contained on the Site.
Use of Service
Your use of the Site may require you to complete a registration process and provide current, accurate information, including but not limited to, your name, postal address, and telephone number. You agree to immediately notify Otoharmonics of any unauthorized use of your Otoharmonics password or account or any other breach of security. Otoharmonics will not be liable for any loss or damage arising from your failure to comply with the Terms of Service.
Otoharmonics products are developed for people eighteen (18) years of age or older. You represent that you are at least eighteen (18) years old, are of legal age to form a binding contract, and are not a person barred from receiving the service provided by the Site under the laws of the United States or other applicable jurisdiction. The Site is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Site. Otoharmonics in no way implies that the information, opinions, advice or other content on the Site is appropriate or that its products and services are available outside of the United States. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.
Changes to these Terms of Service
These Terms of Service may, at any time, for any reason be updated, revised or modified by Otoharmonics in an effort to provide the best possible experience for users. In addition, you acknowledge and agree that the form and nature of this Site may change from time to time without prior notice to you. We recommend that you periodically review the Terms of Service for changes. Your continued use of this Site after changes are posted constitutes your continued agreement to the then-current Terms of Service. Otoharmonics may also terminate or suspend your access to or use of the Site as a whole or in part at any time, with or without cause or notice to you.
By visiting the Site or by sending e-mails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you would like to opt-out of receiving electronic communications from us you may do so by contacting us at firstname.lastname@example.org.
As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or that is otherwise prohibited by these Terms of Service. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site. You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms of Service. By way of example, and not as a limitation, you agree that when using the Site, you will not:
Restrict or inhibit any other user from using and enjoying the Site;
Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
Post or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
Use the Site for any illegal or unauthorized purpose;
Remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
Use any device to retrieve any portion of the Site or collect information about users for any unauthorized purpose;
Create user accounts by automated means or under false or fraudulent pretenses; or
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You agree that Otoharmonics shall decide, in its discretion, if your conduct violates any aspect of these Terms and Conditions and that Otoharmonics may take whatever action it deems appropriate to address such violation including without limitation notification of appropriate authorities and removal of your access to the Site and/or any Otoharmonics products or services.
Intellectual Property Rights
The trademarks, service marks, trade names, and trade dress on and copyrights to the content of this Site are the property of Otoharmonics or its content suppliers and protected by United States and international laws. Nothing in this Site grants to you any license or right to use any trademark, service mark, trade name or logo, copyright, trade dress, or other content displayed on this Site without prior written permission of Otoharmonics. Your use or misuse of any intellectual property displayed on or used in connection with this Site, or any other content on this Site, is strictly prohibited. This restriction includes copying, reproducing, or modifying any content of this Site for any purpose other than your own personal use.
Use of Site Materials
Our Content. Otoharmonics owns the copyright for all of the materials and content it places on the Site or has a valid right from a third party to use such materials and content. Otoharmonics also owns or has a valid right to use all trademarks, service marks, and trade names it places on this Site. No part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download copies of the materials for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of Otoharmonics’s copyright and other proprietary rights. The use of any such material on any other Site or computer network without Otoharmonics’s written consent is strictly prohibited.
Submissions. We welcome any comments you may have regarding the Site, its products and services. We also welcome your interaction with the Site through the submission of other appropriate content. Any such comments or content you submit to us through the Site, such as remarks, suggestions, ideas, graphics, or other information, becomes and remains the exclusive property of Otoharmonics, even if these Terms of Service or any other agreement you have entered into with us is later terminated or amended. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not pay you or anyone else for any information that you provide which is used by us. Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright.
You may terminate these Terms of Service at any time by discontinuing your use of the Site at any time. You do not need to specifically inform Otoharmonics when you stop using the Site. You agree that Otoharmonics shall decide, in its discretion, if your conduct violates any aspect of these Terms and that Otoharmonics may take whatever action it deems appropriate to address such violation including without limitation notification of appropriate authorities and removal of your access to the Site and/or any Otoharmonics products or services. You alone are responsible for the content and consequences of any of your activities.
You hereby agree to hold harmless and indemnify Otoharmonics, and its subsidiaries, affiliates, officers, directors, agents, and employees, licensors, suppliers, partners, successors, and assigns, harmless from and against all liability, losses, damages, and expenses (including without limitation defense costs and associated reasonable attorney’s fees and associated costs) associated with any claim, action, or demand brought against Otoharmonics arising out of (a) any breach of or violation of these Terms of Service; (b) any information you submit, share, or upload on or to the Site; and/or (c) any claim that information or content that you provide violates any applicable law or otherwise infringes the rights of a third party. You shall cooperate fully in the defense of any claim. Otoharmonics reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Limitation of Liability
Otoharmonics endeavors to maintain this Site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Site or its operation. As to the operation of the Site, Otoharmonics expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Otoharmonics makes no warranty that (i) the operation of the Site will meet the user's requirements; (ii) access to the Site will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) defects will be corrected. You (and not Otoharmonics) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Site.
Otoharmonics does not make any express or implied warranties about the information contained in this Site for your particular use. Otoharmonics disclaims all liability for damages of any kind arising out of use, reference to, or reliance on information found on its websites to the full extent provided by state and federal law. ALL INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THIS SITE AND ITS CONTENT IS AT YOUR OWN RISK. IN NO EVENT WILL OTOHARMONICS OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES, HOWEVER CAUSED AND WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, OR ANY INFORMATION CONTAINED IN THE SITE.
Infringement Notification Procedure. If you are an intellectual property rights owner or an agent thereof and believe that any content posted to this Site infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such information should be sent to email@example.com. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.Counternotice. If you have had your content removed under the above take-down procedure, and believe that the content is not infringing, you may send a counternotice containing the following information to firstname.lastname@example.org:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Washington, D.C., and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counternotice is received by Otoharmonics, Otoharmonics may send a copy of the counternotice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counternotice, at Otoharmonics’s sole discretion.
Entire Agreement. The Terms of Service constitute the entire agreement between you and Otoharmonics and govern your use of the Site. You may have entered into other agreements with Otoharmonics. Those agreements are in addition to these Terms of Service. These Terms of Service do not modify, revise or amend the terms of any other agreements you may have with Otoharmonics.
Choice of Law. The Terms of Service and any dispute arising under or related to these Terms of Service (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of Delaware without regard to its conflict of law provisions. You and Otoharmonics agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware You acknowledge that monetary damages for improper use of these Terms of Service or other breach of these Terms of Service may be inadequate, therefore, Otoharmonics is entitled to seek equitable relief, including injunctive relief against you, in addition to all other remedies.
Waiver and Severability of Terms of Service. The failure of Otoharmonics to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.