Terms of Use and Conditions

These Terms of Use and Conditions (“Terms”) apply, and are linked, to all Miracle-Ear Canada, Ltd. (“Miracle-Ear”) websites (“Site” or “Sites”) and all Site users, although other conditions, restrictions, law, regulations, and policies may also apply.  By accessing and browsing our Sites, you accept, without limitation or qualification, these Terms of Use and Conditions (“Terms”) and acknowledge that any previous agreement between you and Miracle-Ear with respect to the use of the Sites is superseded.

Site Content

Miracle-Ear maintains our Sites for consumers’ personal entertainment, information, education, and communication. The content of our Sites is not intended to treat or diagnose any health condition, and does not constitute medical advice. Diagnosis and treatment should be obtained from a licensed health care professional. Nothing on this Site may replace or substitute for the advice of a physician or other licensed healthcare professional.

You may download one copy of the material on one computer/device for your personal, non-commercial, home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of our Sites including without limitation the text, images, or animations thereon, for public or commercial purposes, without prior written permission from Miracle-Ear. Modification or use of the materials for any other purpose violates Miracle-Ear's intellectual property rights.

Copyrights and Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks"), including but not limited to "Miracle-Ear” as well as our sine wave logo displayed on our Sites include both registered and unregistered Trademarks of Miracle-Ear or others. The materials provided for download are copyrighted by Miracle-Ear or others.  All rights reserved.

Nothing contained on our Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on our Sites without the prior written permission of Miracle-Ear Canada, Ltd. or such third party that may own the Trademarks displayed on the Sites. Use of the Trademarks displayed on the Sites, or any other content on the Sites, except as provided in these Terms and Conditions or as consented to by Miracle-Ear in writing, is strictly prohibited. You agree that you will not take any action that is inconsistent with Miracle-Ear or others’ ownership of the Site and/or ownership of any Trademarks. Miracle-Ear will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of damages, injunctive relief, and criminal prosecution.

Miracle-Ear neither warrants nor represents that your use of materials displayed on the Sites will not infringe any rights, including intellectual property rights, of third parties not affiliated with Miracle-Ear. The display of the Trademarks and the notices associated with them is not intended to be a comprehensive compilation of all Miracle-Ear proprietary ownership rights.

All rights not expressly granted are reserved.

Personal Use, Disclaimer and Limitation of Liability

Use of this Site is at your own risk. While Miracle-Ear uses reasonable efforts to include accurate, up-to-date information on our Sites, Miracle-Ear makes no warranties or representations concerning the validity, completeness, correctness or accuracy of such information. There may sometimes be information on the Sites that contains errors, inaccuracies, or omissions. Neither Miracle-Ear, its officers or directors, employees, affiliates, any of its agencies, nor any other party involved in creating, producing, or delivering the Sites is liable or responsible for any errors or omissions in the content of the Site. Furthermore, to the fullest extent permitted by applicable law, we will not be liable or responsible for any claim or damage, direct or consequential, arising out of the use, interpretation, reliance upon, or other implementation of such information. To the fullest extent permitted by applicable law, everything on the Sites is provided to you "AS IS" AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MIRACLE-EAR MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE(S) WILL BE COMPATIBLE WITH YOUR COMPUTER/DEVICE AND SOFTWARE; (II) THE SITE(S) WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE(S), INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE(S) WILL BE SECURE; (V) THE USE OF THE SITE(S) WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE(S) WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE(S) ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE SITE(S) IS NOT AN OFFER OR SOLICITATION TO ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.    

MIRACLE-EAR WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE(S). YOU EXPRESSLY ACKNOWLEDGE THAT MIRACLE-EAR HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE(S) AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MIRACLE-EAR. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Site Function

Browse at your own risk. Miracle-Ear does not guarantee that the functions contained in the Sites will be uninterrupted or error-free, that the Sites will be free of viruses or other harmful components, or that any defects or errors will be corrected even as we become aware of them. Miracle-Ear also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Sites or your downloading of any materials, data, text, images, or animation from the Sites.

Submissions From You

Any communication or material you transmit to Miracle-Ear through the Sites, by electronic mail, or otherwise, including any data, questions, comments, suggestions or the like will not be considered or treated as confidential and proprietary. Anything you transmit or post becomes the property of Miracle-Ear, Inc. or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting without compensation. As a result, by transmitting or posting any material to Miracle-Ear, you: (i) grant to Miracle-Ear a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all such material (in any format or media); and (ii) waive all moral rights in and to all such material in favour of Miracle-Ear. 

By providing Miracle-Ear with any materials, you hereby acknowledge, agree, warrant and represent to Miracle-Ear that any and all such materials (in any format or media):

  • are original to you and that you have obtained all necessary rights in and to the materials and all of its components (if applicable) to provide Miracle-Ear with the rights set out above;
  • do not violate any law; and  
  • comply with these Terms.

 

For greater certainty, this means that Miracle-Ear is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information without any notice or obligation to you whatsoever. Through your usage of the Sites, you may submit (and/or Miracle-Ear may gather) certain limited information about you and your website usage. Miracle-Ear may use such information for any purpose it deems appropriate, and as allowed by law, including, but not limited to, creating customized web pages and for marketing purposes.

Images

Images of people, places, or things displayed on the Sites are either the property of, or used with permission by, Miracle-Ear. The use of these images by you, or anyone else on your behalf, is entirely at your own risk and is prohibited unless specifically permitted under these Terms and Conditions or as otherwise permitted by Miracle-Ear in writing. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Notice of Alleged Infringing Content

To provide notice of allegedly infringing materials on the website, please contact Miracle-Ear by either sending a letter to the attention of the Legal Department at 5000 Cheshire Parkway N, Plymouth, MN 55446 USA, or by sending an email to legal-northamerica@amplifon.com .

Links To and From the Sites

Miracle-Ear has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. These other websites may have their own privacy policies and terms and conditions that are not governed by these Terms. We are not responsible for the privacy practices or the content of any website(s) owned and operated by any third parties. Your linking to this Site, off-site pages or other sites is entirely at your own risk and without the permission of Miracle-Ear, Inc. Any links from this Site to other websites, or references to products, services or publications other than those of Miracle-Ear, do not imply the endorsement or approval of such websites, products, services or publications by Miracle-Ear.

Prohibited Content

You are prohibited from transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Miracle-Ear will fully cooperate with any law enforcement authorities or court order requesting or directing Miracle-Ear to disclose the identity of anyone transmitting any such information or materials.

United States/CanadianExport/Re-Export Controls

Software and other materials from the Sites may be subject to Export Control Laws of Canada and Re-Export Control Laws of the United States. These laws prohibit the export of certain technical data and software to certain territories. No software from the Sites may be downloaded or exported (1) to any country on Canada’s Area Control List (currently North Korea, Belarus); or (2) to any country subject to Canadian economic sanctions laws and regulations that prohibit export of any of the software or related transactions; or (3) to any other country to which the United States has embargoed goods, subject to applicable laws; or (4) ; or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, subject to applicable laws Miracle-Ear does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the Export/Re-Export Laws. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country subject to the Export/Re-Export Laws.

Jurisdiction

For users who are not individual residents in the province of Quebec, any dispute arising from these terms will be resolved exclusively in the state and federal courts of the State of Minnesota. For users who are individual residents in the province of Quebec, any dispute arising from these terms will be resolved exclusively in the provincial and federal courts of Quebec.

This site is intended for users located in Canada. Miracle-Ear makes no representation that materials contained in these Sites are appropriate or available for use in other locations. If you access the Sites from outside Canada, be advised that the Sites may contain references to products and services that are not available in your country. Those who choose to access the Sites from other locations do so on their own risk and initiative, and are responsible for compliance with local law, if and to the extent local laws are applicable.

Right of Revision

Miracle-Ear, Inc. may at any time revise this Terms of Use and Conditions sections by updating this posting. Your continued access to and/or use of the Sites after any such changes constitutes your acceptance of, and agreement to be legally bound by, these Terms, as revised. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms, Use and Conditions to which you are bound.

Termination

If you breach any provision of these Terms you may no longer use the Site. If these Terms or your permission to use the Site is terminated by Miracle-Ear for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms, then your sole and exclusive remedy is to discontinue using the Site. The Disclaimer and Limitation of Liability, and Intellectual Property provisions in this agreement shall survive any termination of this agreement.

General

If any provision of these Terms is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect. No failure by Miracle-Ear to exercise or waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms.   

These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.