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Terms & Conditions

STARKEY HEARING FOUNDATION TERMS AND CONDITIONS OF USE


Last Updated: November 1, 2022

STARKEY HEARING FOUNDATION TERMS AND CONDITIONS OF USE

THIS SITE AND RELATED PROGRAMS ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW AND THE PRIVACY POLICY (INCORPORATED HEREIN BY THIS REFERENCE). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN AS WELL AS THE PRIVACY POLICY AND ANY OTHER POSTED RULES OR GUIDELINES CONTAINED ON THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AND PRIVACY POLICY, PLEASE PROMPTLY EXIT THIS SITE.

I. RESTRICTIONS ON USE

All pages within this website, the website, platform, and related software, and any material made available for download therefrom (collectively the "Site") are the sole property of Starkey Hearing Foundation ("Nonprofit, “we,” “our,” or “us”) and/or its affiliates. Nothing contained herein shall be construed as granting any ownership rights whatsoever in the Site to any user hereof. No portion of the materials on any pages of the Site may be reprinted, republished, modified, or distributed in any form without the express written permission of Nonprofit. This Site is for your own personal use. You shall keep intact any and all proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. For the purposes of these terms and conditions ("Terms and Conditions"), "Content" shall mean any information, communications, photos, videos, graphics, music, sounds, text, logos, images, button icons, “look and feel” of our Site, data files, drawings, logos, video, and audio files, and any and all other material that can be viewed by users of the Site. By visiting this Site, and thereby accepting the Terms and Conditions hereof, all users agree that all content presented to users of the Site is the property of Nonprofit and its content suppliers.

Any rights not expressly granted by these Terms and Conditions and the Privacy Policy (collectively the "Terms and Conditions") are expressly reserved by Nonprofit. These Terms and Conditions govern your access to and use of this Site and various online tools and services that Nonprofit makes available to donors, volunteers, sponsors and all other users of our programs and activities, collectively called "Users" of the Site.

From time to time we may revise or modify these Terms and Conditions by posting revisions through a link on our Site. Whether or not we provide notice to you of such revisions or modifications, you will be bound by the revised or modified Terms and Conditions for all subsequent uses of this Site after such modifications have been made. If you do not agree to any of the Terms and Conditions set forth herein, you may not use this Site. .

II. OWNERSHIP, INTELLECTUAL PROPERTY

Our Site, all information provided and downloaded through our Site, Content, and all derivatives shall be and remain the property of Nonprofit or its licensors or suppliers. You shall have no rights or interests therein except as set forth in these Terms and Conditions. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within our Site, Content, or the information provided therein or downloaded therefrom. You shall have no right to make or use copies of the Site. Your access to our documentation and Content is solely for your use with the Site. Without our prior express, written consent, you may not rent, lease, lend, sell, sublicense, assign, publish, copy, reproduce, distribute, transfer, upload, post, transmit or otherwise make available, in whole or in part, the Site or Content, or any features or functionality contained on or provided through the Site to any third party for any reason. Starkey Hearing Foundation and all related marks are logos, trademarks, and service marks owned, controlled by or licensed to Nonprofit. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

III. ACCESS LIMITATIONS

You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Site access requirements, all hardware, software, electrical or other physical requirements for your use of the Site, including without limitation, mobile devices, telecommunications and Internet service provider access, connections, links, web browsers or other equipment, programs, and services required to access the Internet or the Site. You acknowledge and agree that from time to time the Site may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs; or (iii) other causes beyond our control. Additionally, because the Site is accessed via the Internet or a mobile carrier, you may have connection issues due solely to your own Internet or telecommunications provider or other technological access requirements. We are not responsible for any third-party access requirements (e.g. your ISP).

IV. THIRD PARTY PROVIDERS

You acknowledge we contract with third party suppliers, licensors, developers, application and data hosting providers, wireless network services, payment processers, and other technology service providers to provide the Site’s functionality ("Third Party Providers"). We are responsible for ensuring that the Third-Party Providers abide by these Terms and Conditions. We are solely responsible for monitoring and supervising all necessary work of the Third-Party Providers.

V. RESTRICTIONS

Except as otherwise permitted under these Terms and Conditions, you shall not (and shall not assist any third-party to):

VI. Legal Responsibilities

A. Limitation of Liability

Disclaimer. The information provided through our Site and our Content are believed to be accurate, but neither we nor our licensees nor our suppliers warrant or guarantee such accuracy. THE INFORMATION PROVIDED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT AND DOCUMENTATION FOR OUR SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. THIS SITE, INCLUDING ANY AND ALL CONTENT OR INFORMATION CONTAINED WITHIN IT, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, AND ANY AND ALL HYPERLINKED WEBSITES. BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS AND THE USE OF THE SITE IS AT YOUR OWN RISK. WE DO NOT WARRANT OR REPRESENT THAT THE SITE AND ANY CONTENT PROVIDED ARE ACCURATE, ERROR-FREE OR RELIABLE OR THAT YOUR USE OF THE SITE, OR THE INFORMATION WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR COSTS OR ANY DAMAGES THAT RESULT FROM RELIANCE ON OR USE OF THE INFORMATION OR THE SITE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply.

Third Party Providers. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WITH ANY OF OUR THIRD-PARTY PROVIDERS, AND THAT YOU ARE NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN NONPROFIT AND ANY THIRD-PARTY PROVIDER. IN ADDITION, YOU ACKNOWLEDGE THAT ALL SUCH THIRD-PARTY PROVIDERS THAT ALL SUCH THIRD-PARTY PROVIDERS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO ANY USER, AND YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL CLAIMS OR DEMANDS OF SUCH NATURE. YOU ACKNOWLEDGE AND AGREE THAT ANY THIRD-PARTY PROVIDERS HAVE NO OBLIGATION FOR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE AND/OR CONTENT.

Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR THIRD PARTY PROVIDERS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LITIGATION, OR ANY OTHER PECUNIARY LOSS, INCLUDING LOSS OF GOODWILL OR REPUTATION, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, LOSS OF DATA, LOSS OF BUSINESS, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE THE SITE OR INFORMATION PROVIDED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR OUR THIRD-PARTY PROVIDERS ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE.

Healthcare. The information presented on the Site is not intended to be medical advice and should not be relied upon as such. If you suspect a hearing problem, we strongly urge you to consult with a qualified physician or hearing professional.

Claim Limit. Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. If you are dissatisfied with the Site, your sole and exclusive remedy shall be for you to discontinue use of the Site.

Bargained For Basis. You acknowledge and agree that the limitations of liability set forth above are fundamental elements of these Terms and Conditions and neither the Content nor the Site would be provided to you absent such limitations of liability.

B. No Responsibility for Links

Nonprofit may include hyperlinks on our Site to other websites or resources operated by third parties, including advertisers. Nonprofit has not reviewed all of the sites linked to our Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other products or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, products or services available on such external websites or resources. Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by Nonprofit. Nor shall any information or statements contained on this Site be used for the purposes of advertising, or to imply an endorsement or recommendation.

C. Use of Email

By sending Nonprofit a message via info@starkeyfoundation.org or through any other means, you agree to have it, along with your name, posted for public viewing both on the Site and in other Nonprofit promotional and advertising materials without compensation. We may occasionally post messages received from users, but nothing provided for herein shall require us to do so. All messages that are posted on the Site represent the opinions of users and do not necessarily represent the ideas or opinions of Nonprofit. You may copy them as much as you like for personal use, but redistribution in any way requires the permission of Nonprofit. In consideration of this authorization, you agree that any copy of this information that you make shall remain the copyright of Nonprofit and this Site.

D. User Generated Content

The Site may allow you to submit, through a message board or similar practice, ideas, photographs, writings, data, questions, comments, suggestions, email or mailing addresses, or other content, including personal information ("User Generated Content"). User Generated Content may be published online or offline in any media or format (currently existing or hereafter developed) as determined by the Nonprofit in our sole discretion and shall become the exclusively property of Nonprofit. Others may have access to this User Generated Content and may have the ability to share it with third parties across the Internet. Additionally, you may have the opportunity to engage in social networking through our Site, such as creating a public profile, sharing User Generated Content, and inviting others to connect with you and engage in discussion. Nonprofit reserves the right to post, delete or modify anything shared through the Site by you and you specifically acknowledge that Nonprofit is not liable for your defamatory, offensive, infringing, or illegal materials or conduct, or that of third parties, and Nonprofit reserves the right to remove such materials from the Site without liability. Any information you provide through any of our Site (if any) should be public and non-confidential. Please think carefully before deciding what information you share, including personal information, in connection with your User Generated Content or social networking activities. Please note that the Nonprofit does not and will not control who will have access to the information that you choose to make public and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. These Terms and Conditions do not apply to any information that you disclose publicly or choose to share with others or otherwise upload on the Site.

VII. Donations

All donations to Nonprofit made through the Site are contributed as unrestricted donations and are not made with any donor restrictions or conditions. Any and all payments to Nonprofit through the Site are non-refundable and final. You are expressly made aware that nothing contained herein shall be construed as tax or legal advice, and that Nonprofit does not provide tax or legal advice. As such, you are encouraged to work directly with your tax and/or legal professional(s) regarding any specific tax or legal questions you might have about your donation/bid.

If you elect to make a donation through our Site by credit card, you are responsible for providing a valid credit card number at the time you pay. You represent and warrant that you are an authorized user of the credit card number provided. You agree that we may pass your credit card information and personally identifiable information to our designated third-party service provider(s) to process the credit card payment through our Site. We will comply and will ensure that our designated third-party service provider(s) comply, with any credit card processing rules and privacy regulations.

VIII. CONFIDENTIAL AND PROPRIETARY INFORMATION

Nonprofit does not want to receive confidential or proprietary information from you through the Site (except when specifically requested by Nonprofit in relation to your donation or purchase through the Site, which will be subject to Nonprofit's Privacy and Security Policy). Please note that any information or material sent to Nonprofit through the Site will be deemed NOT to be confidential except as provided by law.

IX. VOLUNTEER

We may allow for volunteers. If you desire to register to be a volunteer for our programs or activities, it is possible that such registration may be done on the Site. By using our online volunteer registration, if any, you are expressly agreeing to execute Nonprofit's volunteer agreement.

X.  COPYRIGHTED MATERIALS

A. Introduction

Nonprofit continually invests significant resources to create text, images, and other materials on the Site. These materials may be protected under copyright laws of the United States and of other countries worldwide. To protect its investment, Nonprofit diligently guards against infringement of its copyrighted materials. This policy outlines certain conduct that violates Nonprofit's copyrights.

B. Copyright

Copyright protects original works of authorship fixed in a tangible medium of expression. Copyright infringement occurs when any one or more of the following rights is violated: (1) reproduction; (2) adaptation; (3) distribution to the public; (4) performance in public; or (5) display in public. Copyright infringement issues can also arise when a new work or a modification of an existing work, known as a derivative work, is created from a copyrighted work. A derivative work is based upon a pre-existing work in which the pre-existing work is changed, condensed, recast, transformed, adapted, or embellished. If the pre-existing or underlying work is a protected work under copyright law, one who wishes to exploit the derivative work must obtain a license from the owner of the copyright in the underlying work or works. Thus, modification of Nonprofit's copyrighted materials without explicit permission for commercial use constitutes infringement. Without written permission from Nonprofit, you may not make any unauthorized reproduction or engage in distribution of Nonprofit's copyrighted materials, which include, but are not limited to, materials such as publications, Site content, diagrams, photos, videos, images, and graphics published by Nonprofit in any format. It is Nonprofit's policy to enforce its copyrights against any third party who infringes on its copyrights. To ensure that you do not infringe on any of Nonprofit's copyrighted materials, do not engage in any of the following without prior express written consent from Nonprofit:

  1. Do not directly or indirectly copy, reproduce, or distribute any of Nonprofit's materials (including web pages) or any part of the text or graphics from those materials.
  2. Do not directly or indirectly modify or create derivative works of any of Nonprofit’s materials.
  3. Do not create materials that look as though they originated from or are endorsed by Nonprofit.
  4. Do not imitate the color or visual appearance of Nonprofit's materials and/or products.
  5. Do not use Nonprofit's icons as graphical design elements in your materials.
  6. Do not distribute Nonprofit's work by sale, rental, or other disposition.

C. Permission Requests

To request permission to use Nonprofit's copyrighted material, please email us at info@starkeyfoundation.org.

D. Disclaimer

These Terms and Conditions, including this copyrighted materials policy are not intended to serve as legal advice. Should you have questions regarding your legal rights or duties, please consult your own attorney. Should you have further questions regarding Nonprofit's policy for its copyrighted materials, please contact Nonprofit at info@starkeyfoundation.org.

XI. CHOICE OF LAW AND VENUE

These Terms and Conditions are entered into in the State of Minnesota and shall be governed by and construed in accordance with the laws of the State of Minnesota, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the State of Minnesota, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

XII. ARBITRATION

In any dispute arising out of the use of this Site, if the parties cannot resolve the same, such dispute shall be submitted by either party to arbitration in accordance with the rules and procedures of JAMS. All parties shall initially share the cost of arbitration, but the prevailing party may be awarded attorney fees, costs, and other expenses of arbitration. All arbitration decisions shall be final, binding, and conclusive on the parties to arbitration, and legal judgment may be entered based upon such decision in accordance with applicable law in any court having jurisdiction to do so. Notwithstanding the above, neither party shall be prevented from obtaining injunctive or other equitable relief from a court of competent jurisdiction pending the resolution of a dispute through mediation or arbitration.

XIII. CLASS ACTION WAIVER; JURY WAIVER

You agree that any claims or proceedings brought by you relating to our Site will be conducted on an individual basis, and not on a class-wide, collective, or representative basis, and that any one person’s claims or proceedings may not be consolidated with any other claims or proceedings. You will not sue Nonprofit as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Nonprofit. Nothing in this paragraph, however, limits your right to file a claim as an individual plaintiff. You expressly waive your right to a trial by jury related to our Site which is the subject of these Terms and Conditions and all of your claims are subject to mandatory arbitration as noted above.

XV.  COMPLIANCE WITH LAW

You agree that you will not use the Site for activities prohibited by state, federal, or your country’s law or other applicable rules or regulations. You represent and warrant that: (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) you will not use the Site in violation of any export control regulations. We make no claims regarding the Site outside of the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with laws of your jurisdiction.

XVI. TERMINATION OF USE

You understand that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and Conditions and for the consequences (including any loss or damage which we may suffer) of any such breach. You hereby agree and acknowledge that Nonprofit may, in its sole discretion, terminate or suspend your access to all or part of this Site, with or without notice, and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

XVII. AMENDMENTS

Nonprofit reserves the right, in its sole and unfettered discretion, to revise these Terms and Conditions at any time and to correct any errors or omissions to any portion of this Site. The content and/or materials on the Site may also be changed, modified, added, removed, or updated at any time and without notice. Notwithstanding the foregoing, Nonprofit is under no obligation to update or otherwise change the content and/or materials of the Site. Nonprofit reserves the right to make changes in the programs described on the Site, if any, at any time and without notice. Your continued use of the Site after any changes made by Nonprofit will be considered an acceptance of those changes.

XVIII. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between Nonprofit and you pertaining to the subject matter of this Agreement. In its sole discretion, Nonprofit may modify these Terms and Conditions by posting the revised version on this Site without notice. These Terms and Conditions shall be binding upon and inure to the benefit of you and us, our successors, and assigns. These Terms and Conditions may not be assigned without our express, prior written consent which may be withheld at our sole discretion. Notices under these Terms and Conditions shall be in writing and shall be deemed given when: (i) delivered personally or by respected international carrier; or (ii) three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested. Notices to us shall be made through our website.

XIX. INDEMNIFICATION

By using this Site and agreeing to these Terms and Conditions, you hereby agree that you will defend, indemnify, and hold Nonprofit harmless from any and all damages, liabilities, costs and expenses (including, but not limited to reasonable attorneys' fees) incurred by Nonprofit as a result of any breach of your agreements, representations and/or warranties or any other part of these Terms and Conditions. Nonprofit shall be entitled to its choice of counsel to represent it with respect to any such damages, liabilities, costs and expenses.

XX. NO UNLAWFUL OR PROHIBITED PURPOSE

As a condition of your use of this Site, you warrant to Nonprofit that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

XXI. WAIVER AND SEVERABILITY

Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term or provision of these Terms and Conditions. If any provision in these Terms and Conditions shall be or become wholly or partially invalid, illegal, or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

XXII. THIRD PARTY BENEFICIARY

You acknowledge and agree that the Third Party Providers are third party beneficiaries of these Terms and Conditions, and such Third Party Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary hereof.

Copyright © 2022 Starkey Hearing Foundation. All rights reserved.