TERMS OF SERVICE
Last updatedFebruary 07, 2025
AGREEMENT TO OUR LEGAL TERMS
We are AMHC Hearing LLC , doing business as American Medical Hearing Centers ( "Company," "we," "us," "our" ) , a company registered inFlorida , United States
at We operate the website https://americanmedicalhearingcenters.com (the "Site" ) , as well as any other related products and services that
refer or link to these legal terms (the "Legal Terms" ) (collectively, the "Services" ).
You can contact us by phone at 844-833-4327 , email at info@amhchearing.com , or by mail to 12 Zebra Court , Palm Coast , FL 32164 ,
United States .
These Legal Terms constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ( "you" ), and AMHC Hearing LLC , concerning your access to and use of the Services. You agree
that by accessing the Services, you have read, understood, and
agreed to be bound by all of these Legal Terms. IF YOU DO NOT
AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted
on the Services from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Legal
Terms at any time and for any
reason . We will
alert you about any changes by updating the "Last updated" date of these Legal Terms,
and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Legal Terms
to stay informed of updates. You will be subject to, and will be deemed
to have been made aware of and to have accepted, the changes in any
revised Legal Terms by your continued use of the Services after the
date such revised Legal Terms are posted.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended
for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your interactions would be subjected to such laws,
you may not use the Services. You may not use the Services in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property
rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the "Content" ), as well as the
trademarks, service marks, and logos contained therein (the "Marks" ).
Our Content and Marks are protected by copyright and trademark
laws (and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or
internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including
the " PROHIBITED ACTIVITIES " section below, we grant
you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal,
non-commercial use or internal business purpose .
Except as set out in this section or elsewhere in our Legal
Terms, no part of the Services and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks
other than as set out in this section or elsewhere in our Legal
Terms, please address your request to: info@amhchearing.com . If we ever grant you the permission to post, reproduce, or
publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content,
or Marks and ensure that any copyright or proprietary notice
appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in and to
the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right
to use our Services will terminate immediately.
Your submissions
Please review this section and the " PROHIBITED ACTIVITIES " section carefully prior
to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content
through the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about
the Services ( "Submissions" ), you agree to assign to us all intellectual property
rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions
through any part of the Services you:
- confirm that you have read and agree with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the extent permissible by applicable law, waive any and
all moral rights to any such Submission
; - warrant that any such Submission
are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions ; and - warrant and represent that your Submissions
do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse
us for any and all losses that we may suffer because of your breach
of (a) this section, (b) any third party’s intellectual property
rights, or (c) applicable law.
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with
these Legal Terms; (2) you are not a minor in the jurisdiction in which you
reside ; ( 3) you will not access the Services through automated or
non-human means, whether through a bot, script or
otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and
(5) your use of the Services will not violate any
applicable law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and
refuse any and all current or future use of the
Services (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose
other than that for which we make the Services available.
The Services may not be used in connection with any
commercial endeavors except those that
are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in
unauthorized framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or
to transmit) any material that acts as a
passive or active information collection or
transmission mechanism, including without
limitation, clear graphics interchange formats
(
"gifs" ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms" ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard
search engine or Internet browser usage, use,
launch, develop, or distribute any automated
system, including without limitation, any
spider, robot, cheat utility, scraper, or
offline reader that accesses the Services, or
use or launch any
unauthorized script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
- Make any
unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses . - Use the Services as part of any effort to
compete with us or otherwise use the Services
and/or the Content for any revenue-generating
endeavor or commercial enterprise. 5. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions" ). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that: - The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or
have the necessary
licenses , rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited
or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. - Your Contributions are not obscene,
lewd, lascivious, filthy, violent,
harassing,
libelous , slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.6. CONTRIBUTION
LICENSE
You and Services agree that we may access, store,
process, and use any information and personal data
that you provide following
the terms of the Privacy Policy and your
choices (including settings).
By submitting suggestions or other feedback regarding
the Services, you agree that we can use and share such
feedback for any purpose without compensation to you.
We do not assert any ownership over your
Contributions. You retain full ownership of all of
your Contributions and any intellectual property
rights or other proprietary rights associated with
your Contributions. We are not liable for any
statements or representations in your Contributions
provided by you in any area on the Services. You are
solely responsible for your Contributions to the
Services and you expressly agree to exonerate us from
any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
7. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site ) links to other websites ( "Third-Party Websites" ) as well as articles,
photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or
items belonging to or originating from third parties ( "Third-Party Content" ). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services,
including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation
of any Third-Party Websites
or any Third-Party
Content does not imply approval or endorsement thereof by
us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these
Legal Terms no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any
website to which you navigate from the Services or relating to any
applications you use or install from the Services. Any purchases you
make through Third-Party Websites will be through other websites and from other companies,
and we take no responsibility whatsoever in relation to such purchases
which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services
offered on Third-Party Websites
and you shall hold us blameless from any harm caused by your purchase
of such products or services. Additionally, you shall hold us blameless
from any losses sustained by you or harm caused to you relating to
or resulting in any way from any Third-Party
Content or any contact with Third-Party Websites.
8. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse, restrict access
to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise
disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Services.
9. PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy:https://www.americanmedicalhearingcenters.com/privacy-policy . By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in the United States . If you access the Services from any other region of the
world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws
in the United States , then through your
continued use of the Services, you are transferring your data to the United States , and you expressly consent
to have your data transferred to and processed in the United States .
10. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while
you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
Palm Coast , FL 32164 United States Phone: 844-833-4327 info@amhchearing.com
If we terminate or suspend your account for any reason, you
are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil,
criminal, and injunctive redress.
11. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Services at any time or for any reason at
our sole discretion without notice. However, we have no
obligation to update any information on our Services. We will not be liable to you
or any third party for any modification, price change, suspension,
or discontinuance of the Services.
We cannot guarantee the Services will be available at all
times. We may experience hardware, software, or other
problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have
no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to
obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection
therewith.
12. GOVERNING LAW
These Legal Terms and your use of the Services are governed
by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed
withinthe State of Florida , without
regard to its conflict of law principles.
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE
THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be
commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association ( "AAA" ) and, where
appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes ( "AAA Consumer Rules" ), both of
which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules
and, where appropriate, limited by the AAA Consumer
Rules. The arbitration may
be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make
a decision in writing, but need not provide a statement
of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may
be challenged if the arbitrator fails to do so. Except
where otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in United States of America , Florida . Except
as otherwise provided herein, the Parties may litigate
in court to compel arbitration, stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award
entered by the arbitrator.
In no event shall
any Dispute brought by either Party related in any way
to the Services be commenced more than one (1) years after the cause of action arose. If this
provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that
court. The Parties agree that
the following Disputes are not subject to the above
provisions concerning informal negotiations binding
arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable
and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
13. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any
dispute, controversy, or claim related to these Legal
Terms (each a "Dispute" and collectively, the "Disputes" ) brought by
either you or us (individually, a "Party" and
collectively, the "Parties" ), the
Parties agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other
Party.
Binding Arbitration
If for any reason, a Dispute proceeds in court rather
than arbitration, the Dispute shall be commenced or
prosecuted in the
state and federal courts
located inUnited States of America ,Florida , and the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue
and jurisdiction in such state and federal courts . Application
of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from
these Legal Terms.
Restrictions
The Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no right
or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
14. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various
other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update
the information on the Services at any time, without prior
notice.
15. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE
AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR
MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES,
ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO USDURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) use of
the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set
forth in these Legal Terms; (4) your violation of the rights of a third party,
including but not limited to intellectual property
rights; or (5) any overt harmful act toward any other user of the
Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify us, and
you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification
upon becoming aware of it.
If at any time you wish to stop receiving SMS
messages from us, simply reply to the text with
"STOP.” You may receive an SMS message confirming your
opt out.
AMHC Hearing LLC 12 Zebra Court
18. USER DATA
We will maintain certain data that you transmit to the
Services for the purpose of managing the performance of
the Services, as well as data relating to your use of
the Services. Although we perform regular routine
backups of data, you are solely responsible for all data
that you transmit or that relates to any activity you
have undertaken using the Services. You agree that we
shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any
right of action against us arising from any such loss or
corruption of such data.
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic
communications. You consent to receive electronic
communications, and you agree that all agreements,
notices, disclosures, and other communications we
provide to you electronically, via email and on the
Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other
than electronic means.
20. SMS TEXT MESSAGING
Opting Out
Message and Data Rates
Please be aware that message and data rates may apply
to any SMS messages sent or received. The rates are
determined by your carrier and the specifics of your
mobile plan.
Support
If you have any questions or need assistance regarding
our SMS communications, please email us at info@amhchearing.com or call at 844-833-4327 .
21. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily
resolved, you can contact the Complaint Assistance Unit
of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834
or by telephone at (800) 952-5210 or (916) 445-1254.
22. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the
Services constitute the entire agreement and
understanding between you and us. Our failure to
exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right
or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a
provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Legal
Terms and does not affect the validity and
enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency
relationship created between you and us as a result of
these Legal Terms or use of the Services. You agree that
these Legal Terms will not be construed against us by
virtue of having drafted them. You hereby waive any and
all defenses you may have
based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal
Terms.
23. CONTACT US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the
Services, please contact us at: