ACCEPTANCE OF PRIVACY POLICY
AudMed, Inc. ("AudMed", "Company", "we", or "us") is committed to respecting and protecting your personal privacy. This Privacy Policy, including any future modifications and/or addenda (collectively, the "Privacy Policy"), applies to all information (including personal information) we may collect through your use of MyAudiologyDirectory.com (the "Site"), any information you provide to us voluntarily, and any other sites, applications, software, features, events, surveys or studies, or content offered by us from time to time that link or otherwise refer to this Privacy Policy (collectively, including the Site, the "Services"), whether as a guest or a registered user. For purposes of this Privacy Policy, "personal information" means information that relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual or household.
WHAT TYPES OF INFORMATION DOES THE COMPANY COLLECT & HOW DO WE COLLECT IT?
GENERAL CATEGORIES
In general, the Company collects the following categories of personal information and has collected such categories of information over the twelve (12) month period preceding the date this Privacy Policy was last updated:
INFORMATION YOU PROVIDE TO US
When you access, register, or subscribe to the Services, communicate with our support personnel (e.g., when you talk to customer service), call us, upload information, submit a request online, attend an event (e.g., an educational seminar, webinar, a live event, etc.), or otherwise communicate with us, directly with us or through a third party, we may collect and store any personal information you provide. This information may include, without limitation, your name, phone number, physical address, state/country information, email address, search terms, dates and times of access, device identifiers, login credentials (e.g., username and password), uploads/posts/other user-generated content, user experience feedback/information, and/or payment information. By providing this information, you consent to your information being collected, used, disclosed, and stored by us in accordance with this Privacy Policy.
The Company is not responsible for the privacy practices of third parties; when you provide information about yourself on such services, it may be publicly viewable by other users of such services and we cannot prevent further access by others. If you do not wish to have this information shared, please do not associate such third-party services with the Services. If you wish to know how social media services or other third-party service providers handle your information, please review their respective terms of use, cookie policies, and/or privacy policies; such services may permit you to modify your privacy settings.
We may also receive additional personal information about you from certain third parties (e.g., researchers, analysts, and/or marketers) that provide us with statistical, demographic, or other similar information. Further, we may also combine your online information with information we obtain from offline sources, including, without limitation, information that you may provide us with over the phone and information obtained from our business partners. Lastly, we may obtain information about you from our business partners and affiliates.
INFORMATION ABOUT YOUR USE OF THE SERVICES
The Services use cookies, web beacons, pixels, and other tracking technologies to collect information about your use of the Services, including without limitation, your browser type and version, IP address, operating system and platform, when you open email that we send you, and other similar information. This information helps us to provide the Services, including, without limitation, to improve and enhance the user experience and help us understand the behavior of our users. Cookies are messages placed on your computer or mobile device when you visit a website or page. For example, the messages store information so that our Services may immediately recognize you each time you visit. This permits us to personalize our Services for each user, allow access to the secure parts of our Services that individual users have registered for, and provide users with up-to-date information about their own account.
We may also use cookies to deliver ads, store visitor preferences, record session information (e.g., tracking items that visitors add to their shopping cart), record user-specific information on what pages users access or visit, track and record past activity at the Site (or on other Services) in order to provide better service when visitors return to our Site (or other Services), customize web page content based on visitors' browser type, or other information that the visitor sends. Additionally, cookies are used to serve ads to logged-in users based on the voluntary information they provide. If you choose to disable cookies, you may find that certain sections and functionalities of the Services will not work properly or at all.
Web beacons (also called web bugs and clear GIFs) are used in combination with cookies to help us understand the behavior of our users. A web beacon is typically a transparent graphic image that is placed on our site or in an email. The use of a web beacon allows the Company to record the simple actions of a user opening a page that contains a beacon. When a user's browser requests information from a website in this way, certain simple information can also be gathered, such as: the IP address of your computer, the time the material was viewed, the type of browser that retrieved the image, and the existence of cookies previously set by that server. Web beacons provide a convenient way of gathering statistics and managing cookies.
The Company and other third parties may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches. If you want to adjust your settings or delete all local storage mechanisms, go to your browser's settings to do so. If information is stored in local storage in addition to a cookie, you will need to remove both the local storage and the cookie in order to fully delete the information.
The Company may also use local shared objects, sometimes known as Flash cookies, to store your preferences or display content based upon what you view on our Services to personalize your visit. Advertisers and other third-party services also may use Flash cookies to collect and/or store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies.
The Company and other third parties may collect certain device information from you when you use the Services from a mobile device such as the type of device you use, unique device ID, geo-location (including your precise location), wireless mobile subscriber ISDN number, IP address, operating system, browser type, and information about your use of the Services. You may also manage the information transmitted from your device from your device's settings, including opting-out of cross-device tracking. However, if you prevent tracking on your device, it will be more difficult, and may be impossible, for you to use the Services or portions of the Services.
We may merge the data we collect from your activity on the Services with data available from third parties, including, without limitation, advertisers. We have implemented Google Analytics including, the following features: Google Analytics (Standard), Google Tag Manager.
The Company follows the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising ("OBA"). We may use third party ad serving companies to serve certain advertisements to you when you access or visit the Services. Examples could include, but are not limited to, DoubleClick for Publishers ("DFP"). Third-party ad serving companies and third-party vendors may use information related to your visit on the Services and across other third-party web sites and services over time to better provide advertisements to you about goods and services that may be of interest to you. We do not provide third party ad serving companies with your name, address, or telephone number.
In the course of serving advertisements to the Services, third party ad serving companies may place or recognize a unique "cookie" through your browser (or use your advertising ID in an environment that does not support cookies). In addition, we may use web beacons, provided by third party advertising companies, to help manage and optimize our online advertising. Web beacons enable us to recognize a browser's cookie when a browser visits this site, and to learn which banner ads bring users to our Services. Please review the section below entitled "To Display & Target Advertisements" for more information on these technologies and your choices regarding ad targeting.
HOW DOES THE COMPANY USE YOUR INFORMATION?
We may use your information, including, any of your personal information, as follows:
TO PROVIDE & IMPROVE THE SERVICES
The Company, our service providers, Business Partners, and other third parties use the information collected from the Services to provide the Services to you and other users. This includes, without limitation, maintaining, measuring, and enhancing users' experiences on our Services, providing you with information, products or services, and fulfilling offers that you request from us, developing new products and services, understanding and resolving issues with the Services (e.g., bugs in an app), serving you relevant advertisements and content on the Services and third party services, and protecting you, your data, other users, other users' data, and the Services.
We will share your information to allow service providers and other third parties to assist in providing and managing the Services. We use your information to provide and improve the Services, for example, improving algorithms, determining usage patterns, and to provide customer support. Please note that if you telephone us, or if we call you, the call may be recorded for quality, training, and/or management purposes; online interactions may be recorded for similar purposes. Financial information (such as a credit card number and expiration date) is used for billing purposes, including, without limitation, order tracking and fraud detection/prevention. If we have trouble processing an order, this information is used to get in touch with the user. By submitting such information, you agree that this information may be shared with third parties for purposes of facilitating the completion of any purchase transaction initiated by you or on your behalf.
Further, in order for us to enhance our ability to tailor the Services to an individual's preference, we may combine information about the purchasing habits of users with similar information from our business partners, to create a personalized user profile. When a user makes a purchase from the Company, its business partners, or its affiliates, the companies may collect and share that purchase information so we can tailor the Services to our users' preferences.
TO COMMUNICATE WITH YOU
We use your personal information to send information to you about your account, products and services, and to notify you about issues with, or changes to, the Services or our policies. We generally communicate with users via email. By using the Services, you agree that the Company and/or our representatives may email, call, or text you regarding the Services, including communicating with you about your account, your interactions with the Services, and/or your transactions. BY PROVIDING YOUR HOME TELEPHONE NUMBER OR MOBILE NUMBER, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY MAKE CALLS AND TEXTS TO SUCH NUMBER VIA USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS") OR ANOTHER SIMILAR ANNOUNCING DEVICE. However, it should be noted that consent to receive phone calls via an ATDS is not a required condition for purchasing any goods or services from the Company. You agree that we may listen to and record phone conversations you have with us for training purposes and/or to evaluate the quality of our service.
We may also send you marketing or other promotional materials, including but not limited to newsletters, educational materials, and/or surveys. The Company may also communicate with you regarding special offers from the Company and/or its Business Partners; for example, the Company and its Business Partners may make various email series and one-time emails available to the recipients in our database to help them get the most value from our products and services. If you do not wish to receive these communications, you may opt-out, as described below in the section entitled "How Can I Change my Email Communication Preferences." The Company will not send you marketing messages if you have opted out.
However, users should note that you cannot opt-out of receiving certain administrative communications and the Company reserves the right to send such messages via email and/or by phone to facilitate agreed upon transactions or update customers about existing business relationships. Such "administrative" communications include, but are not limited to, transactional messages, business relationship messages, welcome emails, transaction receipts, billing notifications, renewal notices, notification of activation of online privileges, technical support responses, announcement updates related to the Site and/or other Services, and/or other communications required to service customers' accounts and/or customers' subscriptions with the Company or its Business Partners. Users cannot unsubscribe from these email messages, which contain important information about the Services.
TO AGGREGATE & ANONYMIZE DATA
The Company may aggregate and/or anonymize any information collected through the Services for various purposes. Once aggregated or anonymized, the information will no longer be considered "personal information" because it will no longer be able to identify you and/or any of your specific devices used to access the Services. The Company may use such information for any purpose (e.g., research and development purposes), including sharing such information with third parties.
TO DISPLAY & TARGET ADVERTISEMENTS
Your information is used to target ads and content on the Services and on third-party services. Some advertisements and other content may be delivered by third party advertising networks and advertisers that may use cookies and similar technologies and identifiers to collect and track information such as demographic information, inferred interests, aggregated information, and activity to assist them in delivering advertising that is more relevant to your interests. We may also provide certain customer information to service providers who will match your information to information provided by other third parties (e.g., cookies) in order to allow us to provide more tailored advertisements.
For more information about how advertisers use cookies and to understand your choices not to accept these cookies by "opting out," please visit the Network Advertising Initiative's ("NAI") website. Additionally, you may "opt-out" from having third party online behavioral information collected by visiting the Digital Advertising Alliance's website in desktop and mobile web browsers. You may download the AppChoices app to "opt-out" in mobile apps.
TO FULFILL OTHER PURPOSES THAT YOU HAVE CONSENTED TO
Your information will also be used to fulfill any other purpose for which you provide the information or otherwise provide your consent for the Company and/or other third parties to use such information.
FOR WHAT PURPOSES DOES THE COMPANY USE OR SHARE YOUR PERSONAL INFORMATION?
OPERATIONAL PURPOSES
Processing your personal information will likely be necessary to facilitate the day-to-day operation of our business and to allow for business planning for strategic growth. This may include: managing our relationship with you, our employees, other users/clients, vendors, Business Partners, and/or others; sharing intelligence with internal stakeholders; implementing training procedures; planning and allocating resources and budgets; performing data modelling; facilitating internal reporting; analyzing growth strategies; aggregating analytics; and/or processing personal information to create anonymized data (e.g., for product improvement, analytics, etc.).
LOGISTICAL PURPOSES
Processing your personal information will likely be necessary to enable the Company's business operations to run more efficiently, e.g., establishing how to allocate resources or to predict future demand.
RESEARCH & DEVELOPMENT PURPOSES
Processing your personal information will likely be necessary for us to deliver and/or improve our products and services. This includes processing your personal information to determine whether a product or service is working as intended, monitoring usage and conduct, and identifying and troubleshooting issues.
MARKET INTELLIGENCE & ANALYTICAL PURPOSES
The Company regularly needs to conduct market intelligence so that we can better promote our products and services by creating a better understanding of our users' and/or customers' preferences. This could include using diagnostic analytics to optimize products, services, and/or marketing campaigns by assessing/monitoring users' usage of the products or services and/or conduct while using the Services.
Common metrics for evaluation could include monitoring pages and links accessed, ad performance and conversion tracking, number of posts, number of page views, patterns of navigation, time at a page, devices used, user reviews, where users are coming from, hardware used, operating system version, advertising identifiers, unique application identifiers, unique device identifiers, browser types, languages, wireless or mobile network information, etc. These metrics could be used to: personalize services and communications; determine which users should receive specialized communications based on how they use the product or service; create aggregate trend reports; determine the most effective advertising channels and messaging; and/or measure the audience for a certain communication.
PERSONALIZATION PURPOSES
We may process personal information in order to enhance and personalize the "consumer experience" we offer our current and/or prospective users/customers in our products and services.
MONITORING PURPOSES
The Company may need to process your personal information in order to identify recurring problems and/or analyze the patterns of behavior of users in order to monitor the performance of, and users' behavior on, our Services.
DIRECT COMMUNICATION PURPOSES
Processing your personal information may be necessary for direct communication purposes to occasionally update users on the Services, including occasional communications regarding updates to our activities, products, services, and/or events.
BUSINESS-TO-BUSINESS MARKETING & SALES PURPOSES
The Company may need to process personal information in the context of marketing our products and services to other businesses, e.g., processing the information of a business contact in order to market our products and/or services to the affected data subject's employer.
DUE DILIGENCE PURPOSES
It may be necessary for the Company to process your personal information for the purposes of conducting due diligence. This could include, for example, monitoring official watch-lists, sanction lists and "do-not-do-business-with" lists published by governments and other official bodies globally. This could also include keyword searches of industry and reputable publications to determine if companies and individuals have been involved in or convicted of relevant offenses, such as fraud, bribery, and/or corruption.
FRAUD DETECTION & PREVENTION PURPOSES
Processing your personal information may be necessary for the Company to help detect and prevent fraud, e.g., verifying that the registered address of the cardholder for a particular credit or debit card is the same as the cardholder's normal place of residence or work.
UPDATING CUSTOMER DETAILS & PREFERENCES PURPOSES
Processing your personal information is necessary to verify the accuracy of your user data and to create a better understanding of our past, present, and/or prospective users.
NETWORK & INFORMATION SECURITY PURPOSES
Processing your personal information may be necessary for the purposes of ensuring our network and information security, e.g., monitoring users' access to our network for the purpose of preventing cyber-attacks, inappropriate use of data, corporate espionage, hacking, system breaches, etc. This could include preventing unauthorized access to electronic communications networks and malicious code distribution and stopping "denial of service" attacks and damage to computer and electronic communication systems.
BUSINESS CONTINUITY & DISASTER PLANNING PURPOSES
The Company may process your personal information because it is necessary to allow for the backup and protection of your information (e.g., utilizing cloud-based services to archive/protect data) in order to ensure that such information is not improperly lost or modified. Such processing is also necessary to archive/protect data in accordance with legal, regulatory, organizational, and/or contractual obligations.
ARTIFICIAL INTELLIGENCE PURPOSES
In processing your personal information, the Company may process your data utilizing algorithms that help to streamline organizational processes, e.g., our customer service department putting in place an algorithm that helps to manage customer service requests by routing customer contacts to the most appropriate part of the Company.
COMPLIANCE WITH LAWS & REGULATIONS PURPOSES
The Company is subject to binding legal or regulatory obligations and may need to process your personal information in order to comply with such laws or regulations. Examples could include complying with reporting obligations; complying with screening obligations; responding to law enforcement requests; and/or responding to judicial/regulatory agency requests.
REPORTING POTENTIAL THREATS TO PUBLIC SECURITY & SAFETY PURPOSES
The Company may need to use personal information to report possible criminal acts or threats to public security/safety that we identify as part of our processing activities to a competent authority.
TO FULFILL OTHER PURPOSES THAT YOU HAVE CONSENTED TO
Your information will also be used to fulfill any other purpose for which you provide the information or otherwise provide your consent for the Company and/or other third parties to use such information – assuming such use is consistent with applicable laws and regulations.
WHO DOES THE COMPANY SHARE YOUR INFORMATION WITH?
The Company shares personal information as stated in this Privacy Policy and in accordance with Applicable Laws. The business nature is a directory, where we share professional information even if it may be considered personal. All information/data voluntarily contributed to a Providers Profile will be shared with the public through the Profile page. ALL FINAICAL INFORMATION WILL NOT BE SHARED. We do not share your personal information with others except as indicated in this Privacy Policy or when we inform you and give you an opportunity to "opt-out" of having your personal information shared. Below are categories of third parties that we may share your information with:
SERVICE PROVIDERS
We may share your personal information with service providers who perform services on the Company's behalf. Your information is generally shared with service providers so that the Company can streamline and enhance users' experiences with the Services. Service providers could include parties that perform research services, provide operational support, provide marketing platforms, fulfill orders, handle payments, handle shipping and delivery obligations, create content for the Services, etc.
For example, your payment information may be shared with third parties who perform tasks required to complete a purchase transaction. We use a credit card processing company to assist in fulfilling your order(s), including, without limitation, to bill users for goods and services, performing card authorization and fraud checks, but this company does retain your personal information for any re-occurring (Auto Renewal) charges that are agreed upon.
BUSINESS PARTNERS
Except as otherwise restricted by Applicable Laws, when you use the Services, make purchases, or engage in promotions offered through the Services, we may share your personal information with the businesses, sponsors, and/or affiliates with whom we partner (collectively "Business Partners"). For example, the Company will occasionally partner with a Business Partner to offer you products, services, and/or promotions; when you elect to engage in a partner's or affiliate's offer or program, you authorize us to provide your email address and other relevant information to that Business Partner.
As another example, the Company may collect and/or receive information about your registration and/or attendance at one of its educational seminars, webinars, or other live or recorded events; the Company may share your information with a sponsor of the event (in which case you will be notified at the point of registration). Lastly, the Company may share, sell, or rent your name and physical address with Business Partners; however, we will not disclose your email address, phone, or fax numbers in our database without your advance permission. We may also share aggregate/anonymized information about your use of the Services with Business Partners (e.g., sharing total number of pageviews with an advertiser).
GOVERNMENTAL ENTITIES
We may share your personal information with competent governmental authorities when required by law and/or as necessary to protect the Company, its personnel, other users, and/or the Services.
HOW CAN I CORRECT OR UPDATE MY PERSONAL INFORMATION?
When you contact us via email or submit an online request, we may include the contact information you provide to us (e.g., your address, phone number, or email address) in your customer account profile. If your personal information changes (such as your zip code), or if you no longer desire to use our Services, you may correct, update, or remove your personal information provided to us via your log in to your profile.
HOW DOES THE COMPANY PROTECT MY PERSONAL INFORMATION?
SECURITY MEASURES & SAFEGUARDS
The security of our users' information is very important to us. When users submit personal information via the Services, that information is protected by generally accepted industry standards, and in accordance with applicable data privacy laws, including both online and offline security measures and safeguards. The Company uses a combination of administrative, technical, personnel, and physical measures to safeguard personal information in its possession against loss, theft, and unauthorized use, disclosure, or modification. However, no one can guarantee the complete safety of your information.
IF YOU HAVE REASON TO BELIEVE THAT YOUR INTERACTION WITH US IS NO LONGER SECURE (FOR EXAMPLE, IF YOU FEEL THAT THE SECURITY OF ANY ACCOUNT YOU MIGHT HAVE WITH US HAS BEEN COMPROMISED), PLEASE IMMEDIATELY NOTIFY US OF THE PROBLEM. However, please remember that no method of electronic storage or transmission over the internet is one-hundred percent secure and, therefore, while we strive to use commercially reasonable means to protect your personal information, and will comply with applicable data privacy laws, we cannot guarantee the absolute security of such information.
PHISHING
Phishing is a term used to describe a type of internet scam in which inauthentic communications that appear to be coming from a legitimate source are sent in an attempt to trick you into providing confidential information. These communications usually invoke a sense of urgency and often imply that your account is about to be closed unless immediate action is taken. As an example, phishing emails will often ask you to click on a link that leads you to a webpage that simulates that of the legitimate source, but it is really a page specially designed to get you to input your confidential information such as your account number, password, social security number, or credit card number. The thieves then use that information to commit fraud and identity theft.
The Office of the Comptroller of Currency has set up a website providing information warning consumers about the dangers of these scams and how to protect yourself. To learn more about phishing, please click on the following link: www.occ.gov/consumer/phishing.htm. If you believe you have been the victim of a scam, you can file a complaint with the Federal Trade Commission at: www.consumer.gov/idtheft/.
DO NOT TRACK SIGNALS
At this time, the Services do not recognize or respond to browser's "Do Not Track" signals.
DATA RETENTION
We will retain your information for the period designated by an acting official of your account. However, remember that even after you cancel your account, copies of some information from your account may remain viewable in some circumstances where for a short period of time, for example, you have posted or shared information with social media or other users or services. Because of the nature of caching technology, your account may not be instantly inaccessible. We may also retain backup information related to your account on our servers for some time after cancellation for fraud detection or to comply with Applicable Laws or our internal security policies. It is not always possible to completely remove or delete all of your information due to technical constraints, contractual, financial, or legal requirements. Where it is not possible to remove or delete all information, the Company shall continue to safeguard your information as detailed herein. All of your data / profile information (Billing & Directory) will remain on our servers for a period of 60 days before all information is purged from our systems. The harboring of your data for a period of time is a safety measure in the event a payment has been declined, missed or the credit card on file has been compromised, renewed or canceled.
SENSITIVE INFORMATION
We do not intentionally collect sensitive personal information, such as social security numbers, political opinions, religious or other beliefs, health information, criminal background information, sexual history or sexual orientation information, or trade union membership ("Sensitive Information") and we ask that you do not disclose it on the Services. However, if Sensitive Information is included in your posts on the Services, we will have access to such information described above and such information will be treated in the same way as information that is not sensitive.
PERSONAL INFORMATION OF CHILDREN
The Services are for a general audience and are not targeted to children. The Company and its Business Partners do not knowingly collect, solicit, or share personal information from children under the age of sixteen (16). If such a situation is discovered, we will delete that information immediately.
USING & ACCESSING THE SERVICES FROM OUTSIDE THE UNITED STATES
The Company is a California corporation. Our Services are targeted at residents of the United States and our Services are governed by, and operated in accordance with, the laws of the United States. The United States is where the Services, including our servers and central database, are hosted, located, and operated. If you are accessing the Services from outside the United States, you will be voluntarily transmitting your personal information to the United States where your information will be stored and processed by the Company and/or its service providers.
There are obvious risks that apply when data are transferred from one jurisdiction to another (e.g., an unauthorized interception of the data, misuse, etc.) and the data protection and other laws of the United States and/or other countries might not be as comprehensive as those in your country of residence. Additionally, in certain circumstances, law enforcement or regulatory agencies, courts, or security authorities in the United States may be entitled to access your personal information. BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION WILL BE TRANSFERRED TO, AND PROCESSED IN, THE UNITED STATES AT OUR FACILITIES AND BY THOSE THIRD PARTIES WITH WHOM WE SHARE IT AS DESCRIBED IN THIS PRIVACY POLICY. Please be assured that we take commercially reasonable steps to ensure that your privacy is protected.
CHANGES TO OUR PRIVACY POLICY & COMMUNICATING CHANGES
This Privacy Policy is subject to change at any time. All changes will be posted on the Site. If the changes are significant, we will notify you by email (at the last email we have on file for you) or by prominently posting a notice on our Services (e.g., through a pop-up on our homepage). Changes will become effective as of the earlier of the date we post the revised privacy policy, send an email detailing any changes, or post such a notice. While we will do our best to inform you of any changes, we encourage you to review our Privacy Policy periodically to ensure that you remain informed of changes that may have occurred, including changes that relate to what information we collect, how we use it, and how we share it. BY CONTINUING TO USE THE SERVICES AFTER A CHANGE HAS TAKEN PLACE, YOU ARE AGREEING THAT YOU HAVE READ AND HAVE AGREED TO THE MOST CURRENT VERSION OF THIS PRIVACY POLICY AND EXPRESSLY CONSENT TO THE USE OF YOUR PERSONAL INFORMATION AS DETAILED HEREIN/THEREIN.
LEGAL DISCLAIMER
Though we make every effort to preserve user privacy, we may need to disclose your personal information to others. We may share your information to provide information to our representatives, service providers, advisors, corporate affiliates, and business partners, and in the event of a sale, merger, public offering, bankruptcy or other change in control of the Company and/or its affiliates, your information may be shared with the person or business obtaining ownership and control. Your information may be used to protect the rights, including legal rights, and safety of ourselves and others. We may also use your information to enforce our rights arising from any contracts entered into between you and us, including, for billing and collection. Furthermore, disclosure of personal information may be required by law where we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or legal process. In such cases, we may raise or waive any legal objection or right available to us.
THIRD-PARTY SERVICES
Other websites and services to which we link, through which you access the Services, or share information from the Services and which are not owned or controlled by us are not subject to the terms of this Privacy Policy. WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE CONTENT OF ANY OTHER WEB SITES OR SERVICES AND ANY VISIT YOU MAKE TO THOSE OTHER SERVICES IS AT YOUR OWN RISK. Third parties that support the Services, including by providing advertising or other services, such as analytics, may use tracking technologies to collect information about your use of the Services or other third-party services. We do not control these third-party technologies or services and their use is governed by the privacy policies of third parties using such technologies. Such third party's use of any information you share is governed by the third party's privacy policy.
INTERPRETATION
If any provision of this Privacy Policy (including any attachment) is held to be invalid, illegal, or unenforceable by a court or regulatory authority of competent jurisdiction, the rest of this Privacy Policy shall remain valid and enforceable to the fullest extent permitted under Applicable Laws.
1.1 Welcome to My Audiology Directory a website which aims to enable quality hearing healthcare providers to promote and obtain enquiries for their services. These Terms and Conditions for My Audiology Directory Healthcare Providers apply to all entities that register, or wish to register, on the Website. They apply in addition to, and should be read in conjunction with, the Terms of Use. Should there be any conflict between the Terms and Conditions for My Audiology Directory Hearing Healthcare Providers and the Terms of Use (together, the "Terms and Conditions"), the Terms and Conditions for My Audiology Directory Hearing Healthcare Providers shall prevail.
1.2 The following references in these Terms and Conditions for My Audiology Directory Hearing Healthcare Providers have the following meanings: "Website" means the website at www.MyAudiologyDirectory.com, operated by My AudMed,Inc.; "we" "us" and "our" My Audiology Directory Inc; "User" means any user of the Website (including users who are seeking hearing healthcare services and users who are Hearing Healthcare Providers); "Authorized Person" means any individual nominated by you in accordance with the provisions below; "Hearing Healthcare Provider" means you the audiology healthcare provider and references to "you" and "your" shall be construed similarly; "Hearing Healthcare Services" means the hearing healthcare services that you hold yourself out on the Website as competent to provide and/or which you contract with any User to provide; "Profile" means the profile page allocated to you to enable you to display your credentials as a provider of healthcare services;
1.3 PLEASE READ CAREFULLY THE TERMS AND CONDITIONS (BEING THE TERMS OF USE AND THESE TERMS AND CONDITIONS OF HEARING HEALTHCARE PROVIDER). THE USE OF THIS WEBSITE AND REGISTRATION AS A HEARING HEALTHCARE PROVIDER SIGNIFIES YOUR ACCEPTANCE OF THE TERMS OF USE AND THE TERMS AND CONDITIONS FOR MY AUDIOLOGY DIRECTORY HEARING HEALTHCARE PROVIDERS.
1.4 In addition to posting changes to any of the Terms and Conditions on this page, we may send you an email notifying you of the changes. Your continued use of this Website after changes have been posted or after receipt of such an email constitutes acceptance of these Terms and Conditions as amended.
1.5 We reserve the right to amend the terms contained in the My Audiology Directory Fee Schedule on 90 days written notice. For the avoidance of doubt, such notice may be delivered to any Authorized Person and may be delivered by email.
1.6 You will be required to accept the Terms and Conditions when you register on the Website as a My Audiology Directory Hearing Healthcare Provider. If you do not agree to any of the Terms and Conditions, do not accept them and do not register on this Website as a My Audiology Directory Hearing Healthcare Provider.
2.1 Should you wish to advertise your services as a My Audiology Directory Hearing healthcare provider on the Website and/or have the opportunity to receive enquiries for audiology services from My Audiology Directory Members/Users, you must register as a My Audiology Directory Hearing Healthcare Provider.
2.2 By registering on our Website as a My Audiology Directory hearing healthcare provider, you agree to comply with all the Terms and Conditions. Any breach of the terms of these Terms and Conditions by you will permit us to remove your account and suspend the member's visibility of your clinic on the My Audiology Directory Website.
2.3 We may, in our sole discretion, refuse to register you as a My Audiology Directory Hearing Healthcare Provider on the Website. We do not have to give any reason for such refusal and will not be liable to you whatsoever for any losses that you suffer or incur due to such refusal.
2.4 Upon registering with us, you will be required to provide information which may include (but is not limited to) your name, address, telephone number, email address and details of professional qualification. You will also be required to nominate the individual who will be responsible for: (a) your relationship with us; and (b) responding to any enquiries made of you by any User through the Website. The same person may be nominated in respect of both (a) and (b) above, or two individuals may be nominated. Any person so nominated shall be an "Authorized Person".
2.5 The Authorized Persons shall be required by us to provide information relating to name, address, telephone number, their job title and description. In the event that any Authorized Person ceases to be employed by you or competent to liaise with us, you must notify us immediately. You agree that you are fully responsible for the actions of any Authorized Person in respect of your account.
2.6 You acknowledge that the transfer of information via the internet cannot be guaranteed to be secure and although we use our reasonable endeavors to prevent unauthorized access to or interception of your information; we cannot guarantee this and will not be liable to you in respect thereof.
2.7 We do not use a third party internet payment service (a "Payment Provider") to process the Fees and any other amounts payable by you to us. Upon registering with us, you will be required to provide such credit card and/or other payment details as we shall require to pay for the level of participation you elect.
2.8 In consideration of the Fees, you will be provided with a username and password for your account to enable you to access your Profile and to enable to amend any details. It is your responsibility to keep the details of your account, including passwords and any other log-in details, confidential. The only persons who should have access to your account, passwords and log-in details should be your Authorized Persons. In the event that any Authorized Person ceases to be an Authorized Person for any reason, you must notify us immediately and change your password.
2.9 You are responsible for maintaining the confidentiality of your account and any confidential data maintained therein. You are fully responsible for all activities that occur under that account. If you provide your username and password information to any person not being an Authorized Person, you will indemnify and hold harmless us and our directors, officers, employees, subsidiaries, agents, sub-contractors, Users and service providers from any and all claims, losses, liabilities, damages, costs, expenses (including legal fees) and fines suffered or incurred in respect thereof. Furthermore, we shall be entitled (in our sole discretion) to suspend or terminate your Profile and/or use of the Website.
2.10 If you become aware or suspect that any person not being an Authorized Person knows, or may know, your passwords and account details you will contact us immediately, whether or not you suspect they have accessed your account or intend to do so. If you suspect that any changes have been made by to your Profile otherwise than by an Authorized Person, you shall delete such material immediately and to contact us immediately.
2.11 You warrant that all information, data and details that you provide to us and/or which you include in your Profile from time to time is up-to-date, true and accurate and that Users shall be able to rely upon such information, data and details as an accurate description of the services which you offer.
2.12 We shall not be liable to you or any other person or entity for any losses, liabilities, damages or claims suffered or incurred during any suspension in your Profile and account, regardless of the reason for which they are suspended.
2.13 Please note the further provisions regarding use of the Website as set out in the Terms of Use.
3.1 By posting content on your Profile you expressly grant us a worldwide, royalty free, perpetual and irrevocable right and license (with the right to sub-license and assign) to make available and display such content on the Internet. You further agree that such content may be freely used, copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes by others without permission.
3.2 You agree not to post or distribute any content on the Website that is owned by and/or subject to the copyright of any other person or entity without the express written consent of such party. You will indemnify and hold harmless us and our directors, officers, employees, subsidiaries, agents, sub-contractors, Users and service providers from any and all claims, losses, liabilities, damages, costs, expenses (including legal fees) and fines suffered or incurred in respect of your breach of this clause 3.2.
3.3 You are solely responsible for the content of your Profile and for any information provided to us during the registration process. You agree that we are not responsible for monitoring or screening your Profile and/or any other material posted by you on the Website. Without prejudice to any other term of the Terms and Conditions, you indemnify and hold harmless us and our directors, officers, employees, subsidiaries, agents, sub-contractors, Users and service providers from any and all claims, losses, liabilities, damages, costs, expenses (including legal fees) and fines that suffered or incurred arising as a result of the content of your Profile and/or any other material that you post on the Website.
3.4 Please note carefully the submission of content and intellectual property provisions in the Terms of Use.
4.1 If you receive an enquiry from a My Audiology Directory Member/User via the Website, you must respond to the My Audiology Directory Member/User within 48 business hours of submission of their enquiry.
4.2 Once you have sent a response to an enquiry, if the My Audiology Directory Member/User does not acknowledge your response, you must send a follow-up communication to the My Audiology Directory Member/User within 72 hours of your initial response. This communication should advise the My Audiology Directory Member/User that you will delete their enquiry if you do not receive a communication from them within the next 72 hours. If you do not receive a response within those further 72 hours, you must delete their enquiry from your records; destroy all personal information in your possession transmitted to you by that My Audiology Directory Member/User.
4.3 Subject to your obligations in clause 4.2 above, you shall not use any My Audiology Directory Member/User's personal information except strictly in connection with the specific matter in respect of which the User has enquired, you shall not transfer that My Audiology Directory Member/User's personal information to any other person or entity whatsoever without the prior written consent to do so from the My Audiology Directory Member/User and you shall destroy all personal information of that My Audiology Directory Member/User which is in your possession as soon as you no longer need that personal information.
4.4 You warrant that you shall at all times comply with the provisions of the Data Protection Act 1998 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the Data Protection Legislation) when using and processing the personal data of My Audiology Directory Member/Users (the "Data").
4.5 You agree that you shall, and shall procure that your employees, agents and sub-contractors shall: (a) use and process all Data in compliance with the Data Legislation and all other legislation applicable to the use and processing of Data in respect of the country of habitation of the relevant User; (b) keep all Data confidential and process the Data only so far as is necessary for the purpose of performing your obligations under the Terms and Conditions or as otherwise as is consented to by the relevant User; (c) not transfer or disclose the Data to any person or entity, or permit any person or entity to have access to the Data, save in respect of disclosures to those of your employees, agents and sub-contractors who reasonably need access to the Data for you to perform your obligations under the Terms and Conditions and any services you agree to provide to the My Audiology Directory Member/User and only then provided that (i) the disclosure to such persons and entities is limited to the extent reasonably necessary and (ii) such persons and entities have agreed, in advance of the disclosure, to contractual obligations concerning the processing and use of the Data which are no less onerous than those imposed on you pursuant to the Terms and Conditions; (d) not transfer the Data by means of memory stick, flash drive or other external or removable drive or device, unless the Data thereon is fully encrypted and treated with the utmost care and attention at all times and the prior written consent of the User is obtained prior to such transfer; (e) acquire all appropriate consents required from My Audiology Directory Member/Users for your intended use of their Data; (f) destroy all Data regarding a My Audiology Directory Member/User which is in your possession as soon as you no longer need to use such Data to provide services to the My Audiology Directory Member/User.
4.6 Without limitation to the foregoing, you shall take all such technical and organizational measures as are appropriate to safeguard the Data against unauthorized and unlawful processing and against accidental loss, theft, alteration, destruction of or damage to the Data. You shall ensure that all employees, agents and sub-contractors used by you in connection with your obligations under the Terms and Conditions and otherwise to provide services to the My Audiology Directory Member/Users (so far as their duties relate to the processing of any Data) have been selected by you as suitable to handle the Data, and are fully aware of the provisions of the Data Protection Legislation.
4.7 You shall as soon as is reasonably practicable notify us of any breach of the provisions of this clause 4 and/or any unauthorized and unlawful processing of any of the Data and/or any loss, theft, alteration, destruction of or damage to any of the Data. Should any such event occur, then you shall undertake all such acts as we reasonably request including, where requested to do so, notifying the data subjects of the same.
4.8 You shall indemnify and hold harmless us and our directors, officers, employees, subsidiaries, agents, sub-contractors, My Audiology Directory Member/Users and service providers from any and all claims, losses, liabilities, damages, costs, expenses (including legal fees) and fines suffered or incurred due to your breach of any of the terms of clause 4.
5.1 You warrant, represent and covenant that: (a) all statements, claims and representations that you make in your Profile and all information and content that you include in your Profile are correct, accurate and true; (b) all statements concerning accreditations that you make in your Profile are correct and that you will maintain all such accreditations at all times in which you retain a Profile on the Website. Should you for any reason cease to have any of the accreditations that you include in your Profile, you will immediately delete them from your Profile and notify us accordingly; (c) the Healthcare Services that you hold yourself out in your Profile as providing are the audiology services that you provide on a day-to-day basis and for which you are fully qualified and accredited to provide to a high industry standard; (d) all Audiology Services that you provide to My Audiology Directory Member/Users will be delivered to the best industry standard by appropriately experienced, licensed, qualified and trained personnel engaged by you and will be carried out in accordance with the standard of skill, diligence, prudence, foresight and judgment expected of a properly qualified and experienced person engaged in the provision of such audiology services in the United States of America; (e) you have sufficient resources (both financial and personnel) to provide the Audiology Services for which a My Audiology Directory Member/User contracts to obtain; (f) the provision of the Audiology Services that you advertise in your Profile is lawful in the territory in which you are based and you have all requisite accreditations, consents and licenses and comply with all regulatory and/or legislative requirements necessary for you to deliver such Audiology Services within that territory; (g) you have the legal capacity to agree to the Terms and Conditions and to offer and supply Audiology Services to My Audiology Directory Member/Users; (h) you will not provide any information or make any statement (whether in any content posted on the Website or in the course of any dealings with any My Audiology Directory Member/User) that is untrue, false, incorrect and/or misleading in respect of your identity, experience, qualification, accreditations, prices, or any other matter whatsoever; (i) you will use any personal information provided to you in respect of a My Audiology Directory Member/User strictly in accordance with these Terms and Conditions and will not use it for any purpose not directly connected with the enquiry made by that My Audiology Directory Member/User; (j) each Authorized Person nominated by you, the My Audiology Directory Hearing Healthcare Provider, is authorized to bind you in all matters relating to the Terms and Conditions, and any person with whom any My Audiology Directory Member/User deals subsequent to any initial contact through the Website is authorized to bind the Company; (k) any content posted on your Profile does not infringe any third party's intellectual property, confidentiality, privacy or other rights and is not defamatory of any other person or entity.
5.2 You must notify us immediately if any of the warranties, representations and covenants contained in clause 5.1 above are, or become, incorrect or inaccurate. You indemnify and hold harmless us and our directors, officers, employees, subsidiaries, agents, sub-contractors, My Audiology Directory Member/Users and service providers from any and all claims, losses, liabilities, damages, costs, expenses (including legal fees) and fines suffered or incurred in respect of a breach of warranty in clause 5.1.
5.3 You will indemnify and hold harmless us and our directors, officers, employees, subsidiaries, agents, sub-contractors, My Audiology Directory Member/Users and service providers from any and all claims, losses, liabilities, damages, costs, expenses (including legal fees) and fines suffered or incurred due to your use of the Website in breach of the Terms and Conditions.
6.1 YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY MY AUDIOLOGY DIRECTORY MEMBER/USER INFORMATION BY ANY PARTY OR COMMUNICATIONS BETWEEN USERS AND MY AUDIOLOGY DIRECTORY HEARING HEALTHCARE PROVIDERS (OR VICE VERSA) OR ANY OTHER COMMUNICATIONS BETWEEN USERS OF THE WEBSITE.
6.2 YOU RELY ON THE DATA AND INFORMATION ON THE WEBSITE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL LIABILITY TO YOU IN RESPECT OF YOUR USE OF THE WEBSITE AND THE SERVICES AVAILABLE ON AND/OR IN CONNECTION WITH THE WEBSITE.
6.3 WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS OR STATEMENTS MADE BY ANY USER OF THE WEBSITE. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6.5 WE MAKE NO WARRANTY THAT (A) OUR WEBSITE OR OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR (B) THE WEBSITE OR OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
6.6 No advice or information, whether oral or written, obtained by you from us or through or from the Website or the Service shall create any warranty not expressly stated in these Terms of Use or shall constitute medical advice of any sort.
7.1 WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE PRIVACY POLICY AND/OR THE TERMS AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY EXCLUDE ALL LIABILITY TO YOU IN RESPECT OF ALL LOSSES, LIABILITIES, CLAIMS OR ACTIONS SUFFERED OR INCURRED DUE TO YOUR FAILURE TO COMPLY WITH THE PRIVACY POLICY AND/OR THE TERMS AND CONDITIONS.
7.2 YOUR USE OF THE WEBSITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL WE, OUR PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (a) USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR THE SERVICE; (b) ANY STATEMENT, CONTENT OR MATERIAL ON THE WEBSITE; (c) ANY ENGAGEMENT OF A MY AUDIOLOGY DIRECTORY HEARING HEALTHCARE PROVIDER TO PROVIDE SERVICES TO A USER; (d) THE PROVISION OF HEALTHCARE SERVICES BY A MY AUDIOLOGY DIRECTORY HEARING HEALTHCARE PROVIDER TO A USER; WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, SAVE WHERE THE SAME HAS ARISEN DUE TO OUR WILFUL NEGLIGENCE.
7.3 THE LIMITATION OF LIABILITY IN CLAUSE 7.2 ABOVE SHALL APPLY (A) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE AND/OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE AND/OR THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE AND/OR THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (B) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
7.4 If you are dissatisfied with the Website and/or the Service or any part of the Website and/or the Service you're sole, and exclusive remedy is to discontinue using the Website and/or the Service.
7.5 You agree to hold harmless and indemnify, and at our request defend, us, our parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any and all claims arising from or in any way related to your use of or conduct on the Website, including any and all liabilities, losses, damages (actual and consequential), judgments, costs and expenses (including legal fees arising there from).
8.1 For as long as you are registered with the Website and for a term of no less than 1 year thereafter, you must at its own cost take out and maintain, product liability, employer's liability and professional liability insurance (or the equivalent thereof in the territory in which you are based) with a reputable insurance company in respect of claims for loss or damage arising out of in consequence of your obligations to any My Audiology Directory Member/User or under the Terms and Conditions.
8.2 If any of the insurance policies described above are unavailable in the territory either at the time of registration or at any time thereafter, you shall notify us in writing and we shall have the right to terminate your account immediately or to require you to maintain a statement on your profile drawing the attention of My Audiology Directory Member/Users to the absence of such cover.
8.3 We may at any time require you to provide evidence of any or all of the insurance policies required pursuant to the Terms and Conditions in a form satisfactory to us. You undertake to comply promptly with any such request.
8.4 You shall apply any proceeds of any insurance claim in respect of third party legal liability or employer's liability insurance, in satisfaction of the claim, demand, proceeding or liability in respect of which such proceeds are payable.
8.5 In the event that the proceeds of any insurance claim are insufficient to cover the settlement of such claims, the My Audiology Directory Hearing Healthcare Provider shall make good such shortfall forthwith.
9.1 In consideration for your use of the Website and our services, you agree to pay to us the Fees.
9.2 Payment for Fees due shall be made by credit/debit card online.
9.3 Your Profile and account will automatically be suspended if you do not pay all Fees to us when due.
9.4 We reserve, and it is agreed that we have, the right to increase the amount of any Fees payable from time to time upon not less than 90 days written notice to you, unless we agree otherwise.
9.5 If you choose to discontinue voluntarily the directory service your end date will be the last day of your scheduled fee term.
10.1 You agree that we may use any information you provide to us for the purposes of verifying your credentials as a My Audiology Directory Hearing Healthcare Provider. You agree that we may contact any organization or affiliation which you hold yourself as being a member of and we may take all other steps as we deem necessary to confirm your credentials.
10.2 You understand that we cannot guarantee the identity of any My Audiology Directory Member/User with whom you may interact in the course of using the Website. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves, including information relating to their health or physical status.
10.3 You acknowledge that for as long as you are a member of the website, you may be the recipient of data and information (including electronic data and personal information) provided by third parties. You warrant that you will have in place at all times a privacy policy at least as robust as that forming part of these Terms and Conditions and to otherwise comply strictly with the requirements of the Data Protection Act 1998 (as amended from time to time) in respect of the custody, processing and release of such data.
11.1 At any time, you may voluntarily terminate your directory membership which will remove your Profile from view at the end of your fee term. We also have the right to terminate your account at any time, for any reason with no refunds.
11.2 Without prejudice to the generality of our right of termination, we may terminate your account if: (a) you fail to pay any Fees when they fall due.
11.3 Once your account terminates, you will have no right to use the services on our Website.
11.4 If we terminate your account then the obligation to pay Fees falling due following the date of termination shall terminate henceforth but any Fees due at that date shall remain payable and no refunds shall be available.
11.5 We may also, in our sole discretion and at any time, discontinue temporarily or permanently providing our services, or any part thereof, with or without notice. You agree that any termination of access to our service under any provision of these Terms and Conditions may be effected without notice, and acknowledge that we may immediately deactivate or delete your account and all related information and files in account and/or bar any further access to such files or our service. Where possible, we will use reasonable efforts to give My Audiology Directory Member/Users fair notice of termination or suspension of their access to our service.
11.6 Termination of your account or any service provided hereunder shall not affect any rights or responsibilities hereunder that are intended to continue, or come into force, after the date or event of such termination.
11.7 Termination of your account shall be without prejudice to the rights and remedies you and we have acquired prior to termination.
12.1 YOU EXPRESSLY AGREE TO INDEMNIFY AND HOLD US HARMLESS IN RESPECT OF ANY AND ALL LOSSES OR DAMAGES THAT WE SUFFER OR INCUR DUE TO YOUR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS.
13.1 You shall not assign these Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
14.1 Nothing in these Terms and Conditions shall operate to create, or shall be deemed to create, a partnership between your practice and My Audiology Directory Inc and neither party shall be deemed to be the agent of the other.
14.2 You shall have no right or authority to and shall not do any act, enter any contract or assume any obligation, represent, warrant or incur liability on behalf of us, or bind us in any way.
15.1 The Website is operated by My Audiology Directory Inc. We make no representation that the services made available via the Website are suitable for use in countries other than the United States or that such services are compliant with any applicable laws or regulatory requirements in other countries of habitation or incorporation. You must not use or access this Website if the services made available on it are prohibited in your country of habitation or incorporation.
15.2 The Terms and Conditions shall be governed by and construed in accordance with the laws of United States and you irrevocably submit to the jurisdiction of the United States Federal courts in respect thereof. You acknowledge that we are entitled to bring an action pursuant to these Terms and Conditions in any court of competent jurisdiction.
15.3 Any dispute pursuant to the Terms and Conditions shall be heard in the English language.
16.1 If for any reason a court of competent jurisdiction finds any provision or portion of the Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect.
16.2 Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties (whether or not users of the website), or loss of or fluctuations in heat, light, or air conditioning.
16.3 These Terms and Conditions, the Privacy Policy and (in respect of My Audiology Directory Hearing Healthcare Providers) the Terms of Use and all documents referred to in them constitute the whole agreement between you and My Audiology Directory with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
16.4 Any waiver of any provision of the Terms and Conditions by a party will be effective only if in writing and signed by a party.
16.5 Any waiver of any provision of these Terms and Conditions shall not operate as a waiver of any other provision or a continuing waiver of any provision thereafter.