Terms of Use

Terms & Agreements

ACCEPTANCE OF AGREEMENT

Welcome to MyAudiologyDirectory.com (the "Site"). The following terms and conditions, together with any documents incorporated by reference (this "Agreement") govern your use, whether as a guest or a registered User, of the Site and any other sites, products, services, features, contents, mobile sites, and applications/or offered by us from time to time that link or otherwise refer to this Agreement, (collectively, including the Site, the "Services").

Subscription terms, including, billing periods may vary for Subscriptions and will be provided for the specific Service during the ordering process. We reserve the right to block your access to the Services for violation of this Agreement. This Agreement may be updated at any time without notice (though if changes are significant, we will typically post a notice on the Site).  You agree to review the Agreement periodically to be aware of such modifications. Your continued use of the Services constitutes acceptance of any changes to this Agreement.

Please read this Agreement carefully before you start your subscription. BY ACCESSING AND/OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND THE COMPANY'S PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE) AND TO COMPLY WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS (COLLECTIVELY, "APPLICABLE LAWS"). If you do not want to agree to this Agreement and the Privacy Policy, you must not access or use the Services.

DEFINITIONS

AudMed, Inc DBA MyAudiologydirectory.com (also referred to as "Company", "we", "us", or "our") means, AudMed, Inc. DBA MyAudiologydirectory.com, its affiliates, agents, information providers, and/or licensors (as applicable). The word "User(s)" means any Person (also referred to as "you" or "yours") visiting, accessing, or using the Services or holding a Subscription (as defined below) to any Service. The word "Person(s)" means any natural person, proprietorship, corporation, partnership, or other entity whatsoever. The word "or" includes the word "and". The words "includes" or "including" means "includes, but is not limited to" or "including, but not limited to." Subscription(s)" means a subscription, including any Trial (as defined below), to any Service.

USE LIMITATIONS

ELIGIBILITY

The Services are offered and available to Users who are at least eighteen (18) years of age and reside in the United States. Users and the Person executing this Agreement on behalf of any User that is a proprietorship, corporation, partnership, or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute the Agreement on behalf of User. By visiting, accessing, subscribing to, and/or using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Services.

To access the Services or some of the resources therein, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is accurate, current, and complete. You agree that all information you provide to register for a Service or otherwise, including through the use of any interactive features on the Services, is governed by the Privacy Policy, and you consent to all actions we take with respect to your personal information consistent with the Privacy Policy. For purposes of this Agreement, "personal information" means information that relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual.

The Company may require proof of your identity or eligibility at any time to participate or continue to participate in a Service.  Failure to provide evidence of identity or eligibility satisfactory to the Company, and determined in the Company's sole discretion, may result in suspension or termination of your account with the Company and/or access to the Services.  The Company reserves the right to monitor all activities on the Services, including any effort to establish accounts in violation of this Agreement and to deny access to anyone, including those users who use proxy servers and/or IP addresses residing in certain geographical areas.

PROHIBITED USES

You may only use the Services for lawful purposes and in accordance with this Agreement. You specifically agree to not:

• Violate any Applicable Laws while using the Services.
• Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm any Person in any way, including minors by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• Use the Services to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
• Impersonate or attempt to impersonate the Company, a Company employee, another User, or any other Person (including by using e-mail addresses or usernames associated with any of the foregoing);
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or Users of the Services, or expose them to liability.
• Attempt to disable, overburden, damage, or impair the Site or interfere with any other party's use of the Services, including their ability to engage in real-time activities through the Services.
• Take any action that imposes an unreasonable or disproportionately large load on the Company's technical infrastructure.
• Copy the Services and/or any of the content, data, and/or materials therein for any other unauthorized purpose without our prior written consent.
• Use any data mining, robot, spider, crawler, cancelbots, or other devices, processes, or means to access the Services and/or facilitate the misuse of the Services for any purpose, including monitoring or copying any of the content, data, or materials that are part of the Services;
• Reverse-engineer, disassemble, or decompile the Services and/or any content, data, and/or materials therein, or attempt to do the same;
• Use any device, software, or routine that interferes with the proper working of the Services or otherwise attempt to interfere with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful or otherwise attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server(s) on which the Services are stored, or any server, computer, or database connected to the Services;
• Attack the Services via a denial-of-service attack, a distributed denial-of-service attack, or another similar attack; or

You may not participate in coordinated efforts or group activities with others in order violate or to exceed these use limitations.  Failure to comply with these limitations will result in cessation of access and use privileges and may result in legal action against the offending individuals and/or organizations at the discretion of the Company.

GEOGRAPHIC RESTRICTIONS

The owner of the Services is based in the United States. We provide the Services for use only by Persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain Persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

SUBSCRIPTIONS, OFFERS, FEES, & REFUNDS

TERM & TERMINATION

Your Subscription will automatically renew and continue until terminated by the Company or until you notify the Company of your cancellation. You may cancel your Subscription at any time. Your registration constitutes advanced consent to receive and pay for the Subscription in the future on a continuing basis, without further consent, until you or the Company cancels the Subscription. For details on cancellation, refer to our AUTO-RENEWAL & CANCELLATION POLICYand our REFUND POLICY.

The Company has the right to terminate your subscription, account or disable OR change any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of THIS AGREEMENT.

AUTO-RENEWAL & CANCELLATION POLICY

Purchased Subscriptions are auto renewed at the start of the Subscription term and will continue until canceled by either you or the Company. You may not receive renewal reminders prior to being charged for such renewals. Renewal prices are subject to change. In the event that the Company is unable to process your credit card payment (when applicable) for a payment or renewal, we reserve the right to terminate your access to Services without prior notice after 7 calendar days have passed. You may cancel your Subscription at any time and the Company may terminate or change a Service at any time. When you cancel a Subscription, you will not receive a pro-rated refund of any unused fees. Your profile will remain at the current level until your subscription ends for that period. A period is defined as a 30-day cycle.

Should you object to any terms and conditions of this Agreement or any subsequent modifications or become dissatisfied with a Service in any way, you agree that your sole recourse is to immediately: (1) terminate your Subscription by not renewing your subscription at the end of the current month or beginning of the new month.

RESTRICTIONS

Certain Services may be subject to restrictions including, without limitation, geographic limitations, as may be posted by the Company from time to time.  Please read the terms of each offer carefully before accepting. The Company reserves the right to immediately terminate your Subscription, including any Trial, to any Service, at any time, if it determines (at its sole discretion) there has been abuse of these restrictions.

PRICING, BILLING, FEES, & TRANSACTIONS

When you purchase a Service, the price and billing period, if applicable, will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order. The Company reserves the right to change prices and fees at any time, however, we will notify you in advance if the regular rate of a Subscription changes from the price stated at the time of your order. If you do not wish to pay the new price, you may cancel your Subscription. Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes.

If you subscribe to a paid Service or purchase a product made available through the Services, (each such purchase, a "Transaction"), you will be asked to provide certain information to complete such purchase, which may include your credit card number, the expiration date of your credit card, billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. You further agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred including any applicable taxes. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

You are responsible for any taxes that may be applicable to your Transactions. 

The prices displayed on the Services are quoted in U.S. dollars, unless otherwise indicated.  All orders placed through the Services are subject to our acceptance and we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else.

REFUND POLICY

We reserve the right to alter this policy at any time, at our discretion, without prior notification. You are obligated to pay the entire monthly fee for the month of cancellation regardless of when the termination was initiated during the month.

If your termination or cancellation is the result of a violation of this Agreement, you may forfeit any refund amounts, in the Company's sole discretion.

NOTICES

You agree that any notices that the Company may be required by Applicable Laws to send to you will be effective upon either: (a) the Company's sending an e-mail message to the e-mail address you have on file with the Company; or (b) the Company publishing such notices on the Site.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

DISCLAIMER OF WARRANTIES, TERMS, & LIABILITY

THE SERVICES, INCLUDING ANY CONTENT, DATA, AND/OR MATERIALS ACCESSIBLE ON THE SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THERE MAY BE DELAYS, OMISSIONS, AND/OR INACCURACIES IN SUCH ITEMS. THE COMPANY INDEMNIFIED PARTIES (AS DEFINED BELOW) CANNOT AND DO NOT GUARANTEE THE ACCURACY, SEQUENCE, COMPLETENESS, TIMELINESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES AND/OR THE CONTENT, DATA, AND/OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES OR BY ANY FORCE MAJEURE OR ANY OTHER CAUSE BEYOND THEIR REASONABLE CONTROL AND HEREBY EXPRESSLY DISCLAIM ANY WARRANTY THEREFORE.

THE COMPANY INDEMNIFIED PARTIES SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE, OMISSION IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING, OR DELIVERING ANY DATA THROUGH THE SERVICES OR FOR INTERRUPTION IN THE SERVICES. IN NO EVENT, WILL THE COMPANY INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR USE OF OR INABILITY TO USE THE SERVICES, THE SITE, ANY SITES LINKED TO OR FROM THE SERVICES, ANY DATA ON THE SERVICES, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION OR DATA OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, DAMAGES RESULTING FROM INCONVENIENCE, OR LOSS OF USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SERVICE MAY BE DISCONTINUED OR LIMITED AT ANY TIME. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The Company makes no warranties of any kind regarding any third-party sites or services ("Third-Party Services") to which you may be directed or linked to from the Services. Links are included solely for your convenience, and the Company makes no representations or warranties regarding the accuracy, availability, suitability, or safety of information provided in such Third-Party Services. Inclusion of any Third-Party Service or a link thereto on the Services does not imply approval or endorsement by the Company of the Third-Party Service. When you engage with a provider of a Third-Party Service, you are interacting with the third-party, not with the Company. When you access Third-Party Services, you understand that you do so at your own risk. If you choose to use a Third-Party Service and share information with it, the provider of the Third-Party Service may use and share your data in accordance with its privacy policy and your privacy settings on such Third-Party Service.  You should not provide any personally identifiable information to or through any Third-Party Service unless you know and are comfortable with the party with whom you are interacting.  In addition, the provider of the Third-Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services.

INDEMNIFICATION

You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, licensors, advertisers and sponsors, agents, directors, officers, and employees and third-party information providers (collectively, the "Company Indemnified Parties") harmless from and against any and all Losses resulting or arising from any claim, action or proceeding brought by any third party in connection with or relating to your access to or use of the Services (or the use of the Services by another Person using your password) or violation of this Agreement.  "Losses" means any and all penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including: (a) indirect, special, punitive, consequential, or incidental losses or damages (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, or other indirect loss or damage); and (b) administrative costs, investigatory costs, litigation costs, expert costs, and auditors' and attorneys' and fees and disbursements (including in-house personnel).

ACCOUNT SECURITY

You agree to take all reasonable steps to protect the Services from unauthorized access or use. Upon registering, you will use your email address as a user name and choose a password that will permit you to access the Service(s), you must treat such information as confidential, and you must not disclose it to any other Person. You agree that you will be the sole User of the Services under your account. Your username and password are subject to cancellation or suspension by the Company, including upon your misuse of the usernames or passwords in any way. You agree that you will use your best efforts to prevent any third party from obtaining your username and password, and you will immediately inform the Company of any actual or potential unauthorized access to a username or password or to the Services. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other personal information.

PROPRIETARY RIGHTS & PROTECTION

The Company actively fully protects its rights to the Content  of the law. You may not use such Content except as provided in this Agreement.

You may use the Services, including any Content, online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided that you do not remove any trademark, copyright, or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet, or Extranet site or incorporate the Content in any database, compilation, archive, or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and, unless explicitly permitted on the Services, you may not modify, copy, frame, reproduce, sell, publish, transmit, display, download, share, or otherwise use any portion of the Content without the prior written consent of the Company.

DURATION & SURVIVAL

Even after your Subscription, account, or access to the Services is terminated by you or by the Company, this Agreement will remain in full force and effect with respect to your past and future use of the Services. Any rights to your account terminate upon your death. If any of the provisions of this Agreement, or application thereof to any Person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to Persons or circumstances other than those as to which they are held invalid or unenforceable, shall not be affected thereby and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

CHANGES TO THE SERVICES OR THE AGREEMENT

The Company may, at any time, change or discontinue any aspect or feature of a Service. We may update the Content, including, but not limited to, any Data on the Services from time to time, but Content is not necessarily complete or up to date. Any of the material on the Services may be out-of-date at any given time, and we are under no obligation to update such material.

You agree to be bound by future revisions of this Agreement. It is your responsibility to visit the "Terms of Use" link at the bottom of the homepage periodically to review the most current terms and conditions. The Company may also impose limits on certain features and services or restrict your access to parts or all of a Service without notice or liability. We reserve the right to withdraw or amend the Services, and any material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to Users, including registered Users.

The Company may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of any Service following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

DISSEMINATION, DISCONTINUANCE, OR MODIFICATION

You understand that, at any time, the Company may discontinue disseminating any feature of the Services, including, but not limited to, any category of Data, may change or eliminate any transmission method, and may change transmission speeds, or other signal characteristics. You will not hold the Company liable for any resulting liability, loss, or damages that may arise therefrom. You acknowledge that the Company, in its sole discretion, may from time to time make modifications to its system(s), the Services, or Data.

USER CONTRIBUTIONS; ONLINE COMMUNITIES & FORUMS; RULES, POLICIES, & DISCLAIMERS

The Services contain the ability to post content, including message boards, chat functionality, personal web pages or profiles, forums, and other interactive features that allow users to post, submit, publish, display, or transmit to other Users or other Persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Services.  Any User Contribution you post to the Services will be considered non-confidential and non-proprietary.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Services. User Contributions, including any messages in online communities or forums express the views of the author of the message, not necessarily the views of the Company or any entity affiliated with the Company.

RESTRICTED ACTIVITIES

You represent and warrant that: (a) you own or control all rights in and to the User Contributions and (b) you will not post any content or materials that:

• Are false, inaccurate, or misleading.
• Infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
• Violate any Applicable Laws.
• Contain any materials which is defamatory, vulgar, hateful, obscene, profane, libelous, abusive, inflammatory, unlawfully threatening, or unlawfully harassing.
• Contain advertisements, chain letters, pyramid schemes, commercial messages, auctions, or solicitations.
• Contain any viruses, impose an unreasonable or disproportionately large load on the technical infrastructure of the Services, and not use any data mining, robot, spider, worms, time bombs, crawler, cancelbots, Trojan horse, or any data gathering or extraction method or manual process that may damage, detrimentally interfere with, or intercept any system, data, or personal information;
• Create liability for use or cause us to lose the services of our ISPs or other service providers.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or other protected classifications.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under Applicable Laws or that otherwise may be in conflict with this Agreement or the Privacy Policy;
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, harass, alarm, or annoy any other Person.
• Impersonate any Person or misrepresent your identity or affiliation with any Person or organization or is otherwise intended or likely to deceive any Person.
• Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or

DISCLAIMER FOR USER CONTRIBUTIONS

The Company and the Company Indemnified Parties and related companies are not responsible for the accuracy, errors, or omissions of any information posted as User Contributions, including any content or links included in such User Contributions.

Any personal information you post in User Contributions becomes public information. You should exercise caution when deciding to disclose any personal information. The Company and the Company Indemnified Parties are not responsible for any events or damages arising from your disclosure of personal information in a User Contribution.  You are solely responsible for your interactions with other users of the Services, providers of any Third-Party Services, or any other Persons with whom you interact on, through or in connection with the Services. The Company reserves the right, but has no obligation, to become involved in any way with any disputes between you and such Persons.

PRIVACY

Your use of the Services is also governed by the Company's Privacy Policy. The Company does not knowingly allow access to or collect information from children under the age of eighteen (18). If you are not over the age of eighteen (18), please do not use the Services.

ARBITRATION & CLASS ACTION WAIVER AGREEMENT

1. The Company (including the Company Indemnified Parties and their affiliates, agents, employees, predecessors in interest, successors, and assigns) and you agree that any Dispute (as defined below) between you and the Company or the Company Indemnified Parties, regarding any aspect of your relationship with the Company, will be resolved in a binding, confidential, individual, and fair arbitration process, and not in court.
2. EACH OF YOU AND THE COMPANY AGREES TO GIVE UP THE RIGHT TO SUE IN COURT AND TO A TRIAL BY JURY.

The term "Dispute" is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and the Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory.  The term "Dispute" specifically includes, but is not limited to, any and all claims between you and the Company in any way related to or concerning this Arbitration & Class Action Waiver Agreement, any other aspect of this Agreement (including their applicability and their conformance to Applicable Laws), any products or services provided by the Company, any billing disputes, handling of your personal information, and any disputes relating to telephonic, text message, or any other communications either of us received from the other.

GOVERNING LAW & JURISDICTION

Use of the Services, and any controversy, claim, or dispute arising out of or relating in any way to your use of the Services, this Agreement, and/or products purchased through the Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.  Any claim or cause of action you may have with respect to the Company or the Services must be commenced within one (1) year after the claim or cause of action arose. Jurisdiction and venue for any dispute shall be in Monterey, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.

ENTIRE AGREEMENT

This Agreement, the Privacy Policy, the Arbitration & Class Action Waiver Agreement, any supplemental terms, applicable Third-Party Terms (as defined below) and any other required documents for use of the Services, constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties (both written and oral) with respect to the Services.

TRADEMARK & COPYRIGHT OWNERSHIP NOTICE

The Services contain proprietary, original content that is protected by U.S. copyright. The Company retains all intellectual property rights. The Company will pursue legal action against anyone who misappropriates its name, trademarks, or content. This notice constitutes fair warning. All trademarks used herein are the exclusive property of their respective trademark owners and may not be used in any way without written consent of their owner. Without limiting the foregoing, the following notices will apply to the Services.