Last modified: February 5, 2018
The following terms and conditions (“Terms”) govern your access to and use of this website and other TruHearing applications (i.e., Echo, TruHearing’s Facebook® page, TruHearing’s Twitter® account, etc.) and the content, functionality and services featured or offered on or through this website and such applications (“Website”). TruHearing, Inc. (“TruHearing”, “we” or “us”), located at 12936 S. Frontrunner Blvd., Suite 100, Draper, Utah 84020, provides this website and the Echo application and manages TruHearing’s social media accounts.
Accessing the Website
We reserve the right to withdraw or amend all or parts of the Website in our sole discretion without notice. We will not be liable if all or part of the Website is unavailable for any reason at any time or for any period, and we may restrict access to all or parts of the Website from time to time.
If you choose or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person or entity. Your account, if any, is personal to you, and you may not provide any other person access to the Website using your user name, password or other security information. You must notify us immediately of any unauthorized access to or use of your user name or password or any other security breach, and you must properly exit your account at the end of each session. Use particular caution when accessing the Website from a public or shared computer so that others are not able to view your user name, password or other personal information.
We have the right to disable your user name, password or other identifier at any time, in our sole discretion, for any or no reason (including if, in our opinion, you have violated any of these Terms).
Using the Website
You may only use the Website for lawful purposes and in accordance with these Terms. You agree not to:
- Transmit any advertising or promotional material, including “junk mail,” “spam” or any similar solicitations;
- Impersonate or attempt to impersonate TruHearing, a TruHearing employee, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing);
- Use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other person’s use or enjoyment of the Website;
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any material on the Website;
- Monitor or copy any material on the Website through any manual process;
- Introduce viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material or otherwise attack or harm the website; or
- Attempt to gain unauthorized access to, interfere with, damage or disrupt the server on which the Website is stored, or any server, computer or database connected to the Website.
Trademark and Copyright Protection
The Website and its entire contents, features and functionality, including but not limited to all information, software, code, text, graphics, video and audio and the design, selection and arrangement thereof are owned by TruHearing, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Website for your personal, noncommercial use or for commercial use as outlined below. No right, title or interest in or to the Website or its content is transferred to you, and all rights not expressly granted are reserved by TruHearing.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except that you may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use or for commercial use as permitted. You may not modify copies of any materials on the Website or delete or alter any copyright, trademark or other proprietary rights or legal notices from copies of materials from the Website. Should you print, copy, modify, download or otherwise use or provide anyone else with access to any part of the Website in breach of these Terms, you must immediately return or destroy any copies of the materials you have made.
The TruHearing name and logo, the terms Flyte and Chime, and all related names, logos, product and service names, designs and slogans are trademarks of TruHearing or its affiliates or licensors. You may not use such marks without TruHearing’s prior written permission. All other names, logos, product and service names, designs and slogans are the trademarks of their respective owners. Website content that is not TruHearing’s is the sole responsibility of the entity that makes it available.
We respond to notices of alleged copyright infringement according to the process set out in the US Digital Millennium Copyright Act. All notices of copyright infringement claims should be sent to our legal department at email@example.com.
Using this Website in breach of these Terms may violate copyright, trademark and other laws and will result in the immediate termination of your right to use the Website. If you would like to use any Website material other than as set forth in this section, please email firstname.lastname@example.org.
Website content may be updated from time to time, but may not necessarily be complete or up-to-date. We are not under any obligation to update Website content.
The information on the Website is made available solely for informational purposes. TruHearing does not warrant the accuracy, completeness or usefulness of this information, and your reliance on this information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance on such information by Website visitors and others who may be informed of the Website’s content.
In the event that the Website mistakenly lists an incorrect price, TruHearing reserves the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, a credit shall issue to your credit card account in the amount of the incorrect price.
Our Website may contain interactive features that allow users to submit information or content to TruHearing (“User Contributions”). Any User Contribution you submit to TruHearing will be considered non-confidential and non-proprietary. You grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any User Contribution. You represent and warrant that you own or control all rights in and to any User Contribution you submit to TruHearing, that you have the right to grant the licensing rights described above, and that all of your User Contributions will comply with these Terms.
User Contributions may not (a) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (b) violate the legal rights (including publicity and privacy rights) of others or contain any material that could give rise to any civil or criminal liability; or (c) otherwise conflict with these Terms. TruHearing will terminate the access of repeat copyright infringers.
You are permitted to link to the Website’s homepage, so long as you do so in a fair and legal manner that does not damage or take advantage of our reputation. However, you may not link to the Website in a way that suggests any form of association with TruHearing or TruHearing’s approval or endorsement without our written consent.
The Website may contain links to third-party websites or resources. These links are provided for your convenience only. We do not control the contents of these websites or resources, and we are not responsible for them or for any losses or damages you may incur due to your use of them. Use of any third-party websites linked to the Website is entirely at your own risk and subject to the terms and conditions of such third-party websites.
Monitoring and Enforcement
We reserve the right to:
- Refuse to post any User Contributions for any or no reason in our sole discretion;
- Take any action with respect to any User Contribution that we deem necessary or appropriate, including, but not limited to, actions to protect (a) an individual’s or entity’s intellectual property rights; (b) an individual’s or the public’s personal safety; or (c) TruHearing exposure to legal liability;
- Disclose your identity or other information about you to a third party who claims that your User Contribution violates their rights, including intellectual property or privacy rights;
- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website;
- Terminate or suspend your access to all or part of the Website for any violation of these Terms; and
- Fully cooperate with any law enforcement authority or court order that requests or directs us to disclose the identity or other information of anyone who submits a User Contribution.
You agree to waive and hold TruHearing harmless from any claims resulting from any action it takes during or as a result of its investigations and from any actions taken as a consequence of investigations by TruHearing or law enforcement authorities.
Warranties and Disclaimers
We do not guarantee or warrant that files you download from the internet or from our Website will be free of viruses or other destructive code. We will not be liable for any loss or damage caused by viruses, distributed denial of service attacks, or other technologically harmful material that may infect your computer equipment and programs, data, and other proprietary material due to your use of the Website or any services or items obtained through the Website or your downloading of any material from the Website or from any website linked to it. You are responsible for implementing adequate anti-virus protection procedures.
Use of the Website, its content and any services or items obtained through it is at your own risk. The Website, its content and any services or items obtained through it are provided on an “as is” and “as available” basis, without any warranties, either express or implied, of any kind. Neither TruHearing nor any person associated with TruHearing makes any warranty or representation with respect to the completeness, reliability, security, quality, availability or accuracy of the Website. Without limiting the foregoing, neither TruHearing nor any person associated with TruHearing represents or warrants that the Website, its content or any services or items obtained through it will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the Website will otherwise meet your needs or expectations.
We hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, to the fullest extent allowed by law, including, but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
Except as prohibited or limited by law, TruHearing, its affiliates, licensors, service providers, suppliers, distributors, associates, employees, agents, officers or directors will not be responsible for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Website, any websites linked to it, or any content on the Website or such linked websites. This includes any direct, indirect, special, incidental, consequential, or punitive damages (including, but not limited to, lost profits, revenues, business, anticipated savings, goodwill, or data; personal injury; pain and suffering; and emotional distress), whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
To the extent permitted by law, TruHearing’s liability arising from the purchase of a product listed on the Website (and/or that of our suppliers and distributors), if any, is limited to the amount paid for that product.
Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues. Such causes of action or claims not commenced within this time limitation will be permanently barred.
You agree to defend, indemnify, and hold harmless TruHearing, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website or any information obtained from the Website.
Commercial Use of the Website
You may not use the Website for commercial use without TruHearing’s prior written approval. Providers contracted with TruHearing may use the Website for commercial purposes in accordance with and subject to their respective agreements with TruHearing and these Terms.
We may modify these Terms from time to time in our sole discretion, and all changes will be effective immediately when we post them. Your use of the Website following the posting of revised Terms means that you accept and agree to the changes, so read these Terms regularly. If you do not agree to the modified Terms, you should discontinue your use of the Website.
The laws of Utah, USA, excluding Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms. All claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of Salt Lake County, Utah, USA. You consent to personal and exclusive jurisdiction and venue in those courts.
TruHearing’s failure to enforce any term or condition set forth in these Terms will not operate as a waiver of such term or condition, and no single or partial exercise of any such term or condition will preclude any other or further exercise thereof or the exercise of any other term or condition. No waiver of any such term or condition will be deemed a waiver of any other term or condition hereunder. No waiver of any term or condition set forth in these Terms shall be effective unless explicitly set forth in writing and signed by TruHearing.
If any provision of these Terms is, to any extent, invalid, illegal or unenforceable, such provision will be limited to the minimum extent necessary to render it legal and enforceable, and all other provisions will remain in full force and effect.
©TruHearing, Inc., 2018