Welcome to www.listancarefully.org (in whole and in part, the “Site”). The Site is operated by Starkey Hearing Foundation, (“Foundation” or “we”). The services that Foundation makes available on or through the Site include education-related articles, information and instructional services, purchasing functionality, support chat functionality and any other features, content, services, functionality and applications offered from time to time by Foundation on or through the Site (collectively, “Site Services”).
2. Use of the Site
You agree not to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortious; defamatory; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory.
- Violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, contract or other proprietary rights.
- Harass or harm another person.
- Exploit or endanger a minor.
- Impersonate any person or entity.
- Introduce or engage in activity that involves the use of viruses, bots, worms, Trojan horses, Easter eggs, time bombs, spyware or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized access to or use of a computer or a computer network.
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Site or any Account, or Foundation’s servers or networks;
- Restrict or inhibit any other person from using the Site (including by hacking or defacing the Site). Cover, remove, disable, block or obscure the Site (including advertisements on the Site).
- Use technology or any automated system, such as scripts or bots, to collect user names, passwords, e-mail addresses or any other data from or through the Site, or to circumvent or modify any security technology or software that is part of the Site.
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Site. If you do so, you acknowledge you will have caused substantial harm to Foundation, and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay to Foundation $50.00 for each actual or intended recipient of such communication.
- Modify, adapt, translate, reverse engineer, decompile or disassemble the Site.
- Solicit, collect or request any information for commercial or unlawful purposes.
- Post, upload or otherwise transmit an image or video of another person without that person’s consent.
- Use the Site to advertise, promote or engage in any commercial activity (including engaging in sales, contests or sweepstakes) without Foundation’s prior written consent.
- Frame or mirror the Site without Foundation’s express prior written consent.
- Use the Site in a manner inconsistent with any applicable law, rule or regulation.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather content of the Site or reproduce or circumvent the navigational structure or presentation of the Site without Foundation’s express prior written consent. Notwithstanding the foregoing, Foundation grants to the operators of public search engines the permission to use spiders to copy material from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of such material, but not caches or archives of such material. Foundation reserves the right to revoke these exceptions either generally or in specific cases.
- Attempt, facilitate or encourage others to do any of the foregoing.
Foundation reserves the right to investigate and take appropriate legal action against anyone who, in Foundation’s discretion, violates this Agreement or attempts to do so, including terminating or suspending a user’s Account or access to or use of the Site, or reporting any User Content or conduct to law enforcement authorities.
You (and not Foundation) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Site, and for paying all charges related thereto.
3. Accuracy of Information
We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Site. For example, products or services included on the Site may be unavailable, may have different attributes than those listed, or may carry a different price than that stated on the Site. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Items in your “Shopping Bag” reflect the current price displayed on the item’s product detail page. Please note that this price may differ from the price displayed when the item was first placed in your Shopping Bag. In addition, we may make changes in information about price and availability without notice.
4. Third Party Links and Services
The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third Party Services”), and such third party may use other third parties to provide portions of the Third Party Service to you, such as technology, development or payment services. When you access or use a Third Party Service, you are interacting with the applicable third party, not with Foundation, and you do so at your own risk. Foundation is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including the accuracy or completeness of the information provided by such Third Party Service or the privacy practices of any third party). Inclusion of any Third Party Service or a link thereto on the Site does not imply approval or endorsement of such Third Party Service. Foundation is not responsible or liable for the content or practices of any Third Party Service or third party, even if such Third Party Service links to or is linked by the Site, and even if such Third Party Service is operated by an affiliate of Foundation or a Foundation otherwise connected with us or the Site.
Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions or materials (“Feedback”), whether related to the Site or otherwise, you hereby acknowledge and agree that (a) your provision of any Input is gratuitous, unsolicited and without restriction and does not place Foundation under any fiduciary or other obligation; and (b) any Feedback is not confidential and Foundation has no confidentiality obligations with respect to such Feedback.. You hereby grant to us a world-wide, royalty-free, fully paid-up, exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Feedback, in any format or media now known or hereafter developed, and you hereby represent and warrant that you have all necessary rights to grant the foregoing license. We may use Feedback for any purpose whatsoever without permission or notice, compensation or attribution to you or any third party. You are and remain responsible and liable for the content of any Feedback.
THE SITE, USER CONTENT, THIRD PARTY SERVICES, AND ALL PRODUCTS AND SERVICES SOLD THROUGH THE SITE (COLLECTIVELY, THE “SITE PRODUCTS”) ARE MADE AVAILABLE “AS-IS” AND “AS AVAILABLE” AND Foundation DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE PRODUCTS. FOUNDATION AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, Foundation AND ITS AFFILIATES MAKE NO WARRANTY THAT THE SITE OR USER CONTENT OR THIRD PARTY SERVICES, OR YOUR ACCESS TO OR USE THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE OR RELIABLE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY CONSEQUENCES OF ANY UNAUTHORIZED USE OF THE SITE PRODUCTS THAT VIOLATES ANY APPLICABLE LAW OR REGULATION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Under no circumstances will Foundation or its affiliates be responsible for any loss or damage, including property damage, personal injury or death, resulting from use of the Site, Products, problems or technical malfunction in connection with use of the Site, Products, attendance at any Foundation event or the conduct of any Site users, whether online or offline. Your use of the Site, Products is solely your responsibility and at your own risk. The User Content and Third Party Services do not necessarily reflect the opinions or policies of Foundation or its affiliates.
8. Limitation on Liability
IN NO EVENT WILL Foundation OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, ARISING FROM YOUR USE OF THE SITE PRODUCTS, EVEN IF Foundation OR ONE OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL LIABILITY OF Foundation AND ITS AFFILIATES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Foundation FOR THE SITE PRODUCTS.
You agree to indemnify and hold harmless Foundation, its affiliates, subcontractors and other partners, and each of their respective officers, agents, partners and employees, from any losses, costs, expenses (including reasonable attorneys’ fees), liabilities, claims or demands, due to or arising out of your use of the Site, your breach or alleged breach of this Agreement, your violation or alleged violation of any rights of another, or any Content that you post or otherwise submit on, through or in connection with the Site.
10. Governing Law
The terms of this Agreement are governed by the laws of the State of Minnesota, U.S.A., without regard to its conflicts of law provisions, and regardless of your location.
11. Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us by writing to Listen Carefully, c/o Starkey Hearing Foundation, 6700 Washington Ave South, Eden Prairie, MN 55344 or by calling us at 866.354.3254 or sending a fax to 953.828.6900. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.