YourHearing Terms & Conditions

Effective Date of Current Policy: 2/27/15 

Thank you for coming to www.yourhearing.com (the "Site"). YourHearing operates the Site and provides services through the Site, but we'll just go by "YourHearing", "we", or "us" to keep it simple. We refer to both the Site and the services available through the Site as the "Services".

Before using any of the Services, please read these Terms of Use and any other policies and notices on the Site (the "Terms") and our Privacy Policy at www.yourhearing.com/privacy-policy. 

Together, these materials contain terms, rules, and other guidelines related to your use of the Services. When you use the Services, you are agreeing to these terms, so please do not use the Services if you do not agree. Some parts of the Services may have other terms, guidelines, or rules, and if you use those parts, the additional terms will also apply. Because these terms are legally binding, we want to make sure you understand them. If you have any questions, please contact us at compliance@yourhearing.com.

We Reserve the Right to Update and Revise These Terms of Use at Any Time
We reserve the right to update and revise these Terms at any time. We'll make sure to also change the "Effective Date" at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.

Eligibility
We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. If you are under 18 years old and would like to use the Services, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.

Also, you can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you.

Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services for any reason and without notice. We may also change our eligibility criteria.

We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).

Privacy
Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information.

Information We Automatically Collect
Like most websites, our Services may incorporate technology such as "pixel tags", "web beacons", and "cookies" that allow us to track the actions of users of our Services. Pixel tags, web beacons and cookies collect Non-Personal Information.
 
Pixel tags or web beacons are tracking devices on websites or in e-mails that can monitor the behavior of the user visiting the website or sending the e-mail.
 
Cookies are small files that web servers may place on your computer when you visit a website. You may be able to set your web browser to reject cookies entirely or require that it request permission from you before accepting each new cookie. You can also delete cookies from your hard drive once you leave a website.
 
How We Use the Information We Gather
We primarily use the information we collect and store to enhance the Services and your experience with YourHearing. Except if we sell all or a portion of our business, as described below, we do not rent or sell your Personal Information to anyone, period. If we share your Personal Information, we do so only as described below.

Intellectual Property
All of the content that appears on the Services, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of YourHearing or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall "look and feel" of the Site and Services (collectively the "Marks") are proprietary to YourHearing, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Scraping the Services or using other automated or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

If you would like to request authorization to use the materials or content on the Services, please contact us at 
compliance@yourhearing.com.

Site Access
Please don't do anything that would harm the Services we offer. You may not do any of the following while accessing or using the Services:

  • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers' infrastructure;
  • interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
  • bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
  • run any form of auto-responder or "spam" on the Services; 
  • otherwise take any action in violation of this Terms of Use or our Privacy Policy; or violate any applicable laws or regulations.

License You Grant to YourHearing
We want to hear from you. Occasionally, you may see areas on the Services where you can post information or communicate with us or other users. We hope you will use these tools to meet the rest of our community and give us your feedback.

These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities.

Most importantly, we want you to know that you will keep all ownership or license rights in your User Content (as defined below), including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing. However, when you provide your User Content to us, we need to be able to do certain things with it as described below.

We do not own any of your content, although by providing content to us, you grant us a license to use it, as we'll discuss here.

When you submit, distribute, transmit, or post any communications or any other material to YourHearing (either through the Services; through our pages on third party sites, including, but not limited to Instagram, Twitter and Facebook. This is collectively "User Content"), you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for YourHearing to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your Account (Note: if you do not currently use accounts, cut this sentence off at royalty-free.) Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. Be assured you have our thanks. Lots of it.

You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, and marketing products.

In addition to giving YourHearing a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account. 

If you share something with us, you keep ownership of it and can continue to do anything you want with it, but you allow us and our other users to use your User Content as we see fit. If you don't agree to these conditions, then please don't provide the materials to us.

Representations About Content You Submit
When you submit User Content, you represent and warrant that:
  • you hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us);
  • that your submission of such materials to YourHearing does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn't take it from someone else without permission); and
  • all User Content you provide is accurate, complete, up-to-date, and not misleading.
  • In addition, any User Content must not
  • include any profanity or obscene, indecent, or pornographic material;
  • contain any unauthorized or unsolicited advertising, such as spam (no one likes spam);
  • contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
  • impersonate any person or entity (we like you just the way you are!); or
  • include anyone's identification documents or sensitive financial information.

You agree to hold YourHearing harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to your violation of these terms and conditions, including any content placed on the site by you.

Digital Millennium Copyright Act
Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone's intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person's access rights.

If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following to our Designated Agent (whose contact information is below):
  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • identification of works or materials being infringed;
  • identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
  • your contact information, including address, telephone number and, if available, e-mail address;
  • a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.

Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company by calling (888) 774-0315, emailing compliance@yourhearing.com, or writing:

YourHearing 
Attn: Compliance Officer
221 River Street, 9th Floor
Hoboken, NJ 07030
 

Private vs. Non-private Content
We take your privacy very seriously and are committed to keeping your private information, well, private. However, we also include certain features to open channels of communication, either among our users or between our users and us, and those features wouldn't work if all your communication is completely private. Therefore, we don't treat User Content you provide to those portions of the Services as private or confidential. When in doubt, it is best to take a look at our Privacy Policy, which details the types of information we treat as confidential or private. If you post something publicly on the Services, others may be able to read it. You should always use caution when providing any personal information about yourself or anyone else, including your children.

Third-Party Content and User Content
You may see a lot of different content on the Services. Some of this content will come from other users or sources outside of YourHearing. All content, including User Content and third-party content, is the responsibility of the party that creates it. YourHearing does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. Please note that any third-party moderators, forum managers, or hosts on the Services are not authorized as our spokespersons, and their views do not necessarily reflect those of YourHearing.

If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.

We may review third-party content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including third-party and User Content, without notice or further obligation to you.

We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Services. YourHearing will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether YourHearing or another party provides it.

 
WARRANTY DISCLAIMER
1. We like you and want you to be a long time customer, but we trust you to be adults (see: eligibility section) and have no special relationship with you. You understand and agree that we have no control over, and no duty to take any action regarding:

  • which users access the Services;
  • what content you access via the Services;
  • what effects the content may have on you;
  • how you may interpret or use the content; or
  • what actions you may take as a result of your exposure to the content.

2. You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services from third-parties or affiliates, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

3. THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOURHEARING DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY YOURHEARING OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOURHEARING DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

 
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOURHEARING OR ANYONE REPRESENTING YOURHEARING BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR YOURHEARING'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF $50.00.

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOURHEARING WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination
We reserve the right to terminate your license to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.

Governing Law
The laws of the State of New Jersey will govern these Terms and the relationship between you and YourHearing as if you signed these Terms in New Jersey, without regard to New Jersey's conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New Jersey for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.

Severability
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

 
Entire Agreement
These Terms constitute the entire agreement between you and YourHearing and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.

Miscellaneous
We take our commitment to customers seriously, and we'll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.