Acceptance of Agreement
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
All trademarks, service marks, and trade names of HearVue Inc. used in the Website are trademarks or registered trademarks of HearVue Inc. They may not be used without HearVue’s prior written permission. Any other intellectual property in the Website, including but not limited to patents, issued or pending, are the sole property of HearVue and/or its licensors.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license
- to access and use the Site strictly in accordance with this Agreement;
- to use the Site solely for internal, personal, non-commercial purposes; and
- to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No printout or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions On Use
Your license for access and use of the Site and any information, materials, or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use. You may not:
- copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom;
- use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
- create compilations or derivative works of any Content and Materials from the Site;
- use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties;
- make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;
- remove, decompile, disassemble, or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;
- use any automatic or manual process to harvest information from the Site;
- unsolicited commercial email;
- email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and
- unsolicited telephone calls or facsimile transmissions.
- use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions, or telephone solicitations; and
- export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of Canada.
Forms, Agreements & Documents
We may make available through the Site or through other Websites sample and actual forms, checklists, business documents, and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sub-license, distribute, assign, or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, accuracy, and/or appropriateness. The Documents are provided “as is”, “as available”, and with “all faults”, and we and any provider of the Documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose. The Documents may be inappropriate for your particular circumstances. Furthermore, provincial laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.
Linking to the Site
You may provide links to the Site, provided
- that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site,
- your site does not engage in illegal or pornographic activities, and
- you discontinue providing links to the Site immediately upon request by us.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit:
- any other person using the registered sections under your name; or
- access through a single name being made available to multiple users on a network.
You are responsible for preventing such unauthorized use.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses, or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Site.
Third Party Content
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of content on the Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, legal counsel, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, and expense, including reasonable legal fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
The information, content, and documents from or through the site are provided “as is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems, or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service. We and our affiliated parties are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This site and the products, services, documents and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
Limitation of Liability
- We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:
- any errors in or omissions from the Site or any services or products obtainable therefrom,
- the unavailability or interruption of the Site or any features thereof,
- your use of the Site,
- the content contained on the Site, or
- any delay or failure in performance beyond the control of a Covered Party.
- The aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to the site and/or the products, information, documents, and services provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party.
Use of Information
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans, and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will,” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Links to Other Websites
The Site contains links to other Websites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at firstname.lastname@example.org.
Information and Press Releases
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
HearVue Inc. does not accept advertising on this site.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and the Content and Materials provided therein.