Terms & Conditions

Terms of Use - Effective July 1, 2009

Your access to and use of this Website is subject to the following terms and conditions. By using the website you agree to these terms of use. If you do not agree to these terms of use, you may not use the website or download any content on the website.

You may browse the Website for personal entertainment, information, and United States Users may order our products.

Third Party Websites

As a convenience to you, we may provide, on this Website, links to Websites operated by other entities. If you use these Websites, you will leave this Website. If you decide to visit any linked Website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We make no warranty or representation regarding, and do not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon.

Changes

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Website after any changes to this Agreement are posted will be considered acceptance of those changes.

Choice of Law and Jurisdiction

This Website is controlled, operated and administered by Cochlear Americas, Inc, a Delaware corporation ("Cochlear"), from its offices within the United States of America. Cochlear makes no representation that Materials at this Website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials in violation of U. S. export laws and regulations. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws. International and domestic users acknowledge and agree that the place of performance of this Website and exclusive jurisdiction shall be only the State of Colorado, U.S. A. These Terms and Conditions of use shall be governed by the laws of the State of Colorado, without giving effect to its conflict of laws provisions.

Communications on the Website

No confidential relationship shall be established in the event that you make any oral, written or electronic response to us (such as feedback, questions, comments, suggestions, ideas, etc.) or post comments on the Nucleus Forum or Bulletin Board. Such response and any information submitted therewith shall be considered non-confidential, and we shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to us is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary rights.

Mailing Lists or Chat Rooms

This service may include mailing lists and chat rooms, which allow feedback to us and real-time interaction between users. We do not control the messages, information or files delivered to mailing lists or chat rooms. The information posted are opinions of the writers and do not necessarily represent the position of Cochlear. It is a condition of your use of the mailing lists and chat rooms and this Website that you do not:

restrict or inhibit any other user from using and enjoying the mailing lists or chat rooms;
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene , vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
post or transmit any information, software or other Material which violates or infringes the rights of others, including Material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
post or transmit any information, software or other Material that contains a virus or other harmful component;
post, or transmit or in any way exploit any information, software or other Material for commercial purposes or which contains advertising.

You understand that we have no obligation to monitor the mailing lists or chat rooms. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or Materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use. You understand that we may terminate your ability to participate in the mailing lists or chat rooms at any time without prior notice to you.

Indemnity

You agree to defend, indemnify, and hold Cochlear, its officers, directors, employees, and affiliates harmless from and against any claims, actions or liabilities and settlements including, without limitation, reasonable legal and accounting fees resulting from, or alleged to result from your violation of the Terms of Use and Privacy Policy or from claims made by third parties including claims regarding ownership, copyright, plagiarism, slander, libel, rights abuse, right to submit, or privacy violation.

With respect to Material you submit (the "Work), you grant us the royalty-free, non-exclusive worldwide right to reproduce, distribute, perform, and display the Work or any part thereof, in any and all media or form of communication whether now existing or hereafter developed.

Disclaimer of Warranties

THE MATERIALS ON THE WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. WE MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE WEBSITE AT ANY TIME WITHOUT NOTICE.

THE WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE OR THE SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN OR ON THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, AND EXPRESSLY DISCLAIM ANY WARRANTIES OR GUARANTEES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY SERVICES ON THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COCHLEAR, LTD. SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

Limitation of Liability

AS A CONDITION OF USE OF THE WEBSITE, YOU AGREE THAT NEITHER COCHLEAR LIMITEDNOR ANY OF ITS SUBSIDIARIES (THE "COMPANY"), NOR ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT OR EMPLOYEE OF THE COMPANYWILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGES, EXPENSE, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM OR ARISING FROM YOUR RELIANCE ON THE WEBSITE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, NON-DELIVERIES, MIS-DELIVERIES, TRANSMISSIONS, OR EAVESDROPPING BY THIRD PARTIES.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE WEBSITE OR THE CONTENT MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, $100.00.

THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE, AND GROSS NEGLIGENCE OF THE COMPANY, WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO A COURSE OF ACTION IN CONTRACT, OR ANY OTHER LEGAL DOCTRINE