Terms of Service, Use, Legal Information, License, & Notices
These Terms and Conditions of Service (the “Terms of Service”) apply to the Direct Hearing, LLC (“Direct Hearing”) web sites located at http://www.DirectHearing.com, and all associated sites linked to http://www.DirectHearing.com by Direct Hearing, its subsidiaries and affiliates, including Direct Hearing sites around the world (collectively, the “Site” or the “Sites”). The Site is the property of Direct Hearing, LLC (“Direct Hearing”) and its licensors. This Agreement governs provision of Direct Hearing’s services (the “Services”) and is effective as of the moment You (“You”, “Your”) indicate agreement at the Direct Hearing website, as of the moment You and Direct Hearing sign a paper version, or as of the moment You use any Direct Hearing Site, website or element of the Service (whichever comes first).
BY USING THE SITE OR THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SITE OR THE SERVICE.
Direct Hearing reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is Your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Terms of Service, Direct Hearing grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
The Site is not intended for anyone under 18 years of age. You may not use the Site for anything but for personal, non-commercial purposes. You therefore warrant to Direct Hearing that you will not use the Site for anything that is unlawful or prohibited by these Terms of Service. We reserve the right to refuse service, discontinue transactions, terminate accounts, or cancel orders in its sole discretion.
Direct Hearing does not sell products for purchase by children. Children should not submit any Personal Information to us. If you are under 18 years of age, you may only use the Site with your parent or guardian. Direct Hearing encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet.
When purchasing a hearing aid from Direct Hearing, you acknowledge that you are 18 years of age or older and that you have been advised by Direct Hearing that the Food and Drug Administration has determined that your best health interest would be served if you had a medical evaluation by a licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing aid. You do not wish a medical evaluation before purchasing a hearing aid.
You are absolutely prohibited from reselling in any manner any products you purchase from Direct Hearing, whether you purchased the products through the website or by any other means.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Direct Hearing, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Direct Hearing’s express prior written consent.
You may use information on Direct Hearing products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Direct Hearing for downloading from the Site, provided that You (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
By using the Site, you represent that you are at least 18 years old. Only persons who are at least 18 years of age may use the Sites. Accordingly, you agree that you are at least 18 years of age or older, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site. Direct Hearing suggests that you take advantage of any access controls offered through the Site or third-party sites, which are designed to assist you in limiting or blocking access to certain types of web content you may feel are harmful to or inappropriate for minors.
By using the Services you may provide us with information and files that you submit to Direct Hearing (together, Your “Files”). You retain full ownership to Your Files. We don’t claim any ownership to any of it. These Terms do not grant us any rights to Your Files or intellectual property except for the limited rights that are needed to run the Services, as explained below.
The Services include design choices we make to technically administer the Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services, which due to the requirements of our systems, licenses, or the requirements of our providers and partners may include our ability to download media on your behalf, to which you grant us the express right. This permission also extends to trusted third parties we work with to provide the Services, who may provide our storage space or our infrastructure (again, only to provide the Services).
You are solely responsible for Your conduct, the content of your files, and your communications with others while using the Services. For example, it’s Your responsibility to ensure that you have the rights or permission needed to comply with these Terms. We may choose to review public content for compliance with our community guidelines, but You acknowledge that Direct Hearing has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information You may be able to access using the Services.
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless You have the right to do so. You, not Direct Hearing, will be fully responsible and liable for what You copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service. You, and not Direct Hearing, are responsible for maintaining and protecting all of Your Files. Direct Hearing will not be liable for any loss or corruption of Your Files, or for any costs or expenses associated with backing up or restoring any of Your Files.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Direct Hearing reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Direct Hearing server, or to any of the Services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Direct Hearing, including any Direct Hearing account not owned by You, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Site.
You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Direct Hearing’s systems or networks, or any systems or networks connected to the Site or to Direct Hearing. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Direct Hearing on or through the Site or any service offered on or through the Site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Direct Hearing or others.
You can stop using the Services any time, unless you have an agreement with Direct Hearing that limits your ability to do so. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate Your use if You are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate Your use, we will try to let You know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend or terminate Your use of the Services immediately.
Certain features or services offered on or through the Site may require You to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information You hold for Your account, including Your password, and for any and all activity that occurs under Your account as a result of Your failing to keep this information secure and confidential. You will not transfer or sell to any third party such usernames or passwords, or Your access to the Service. You agree to notify Direct Hearing immediately of any unauthorized use of Your account or password, or any other breach of security. You may be held liable for losses incurred by Direct Hearing or any other user of or visitor to the Site due to someone else using Your ID, password or account as a result of Your failing to keep Your account information secure and confidential.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Direct Hearing cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to Your use of that portion of the Site or the specific service.
Direct Hearing’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Direct Hearing may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Direct Hearing makes no commitment to update the materials on the Site with respect to such products and services.
Title and intellectual property rights to the Service and all components thereof are owned by Direct Hearing and its licensors and suppliers. All internet protocol addresses provided by Direct Hearing are licensed to You temporarily and remain Direct Hearing’s sole and exclusive property. This Agreement does not grant You a license to any software used to provide the Service or associated with the Service (collectively, “Software”), or to any other software, by implication, by estoppel, or otherwise. Without limiting the generality of the foregoing, You will not reproduce, reverse engineer, decompile, or disassemble the Software. The logos, service marks, and trademarks (collectively, “Trademarks”) displayed on Direct Hearing’s website and through the Service, whether or not registered, belong to Direct Hearing and its licensors and suppliers. Neither this Agreement nor any Direct Hearing website grants a license to any Trademark, by implication, by estoppel, or otherwise. Nothing in this Agreement transfers to Direct Hearing any copyright in, trademark on, or other ownership interest in any data or content of Yours. However, Direct Hearing may include Your name in any list of customers used for marketing or other purposes.
Direct Hearing is not obligated to sell You any Service feature, if any, or to provide more Service than required by any sales or purchase agreements.
During the term of this Agreement and for 270 days thereafter, You will not encourage or solicit any Direct Hearing employee or independent contractor to leave Direct Hearing’s employ, or otherwise interfere with Direct Hearing’s employment relationships.
Direct Hearing respects others’ intellectual property and asks that You do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our Digital Millenium Copyright Act Process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing a DMCA Notice of Alleged Infringement and delivering it to Direct Hearing’s Designated Copyright Agent. Upon receipt of Notice as described below, Direct Hearing will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
Our designated agent for notice of alleged copyright infringement on the Services is:
Direct Hearing, LLC
9142 Shenandoah Run
Wesley Chapel, Florida 33544
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Direct Hearing’s control, and Direct Hearing is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make Your own independent judgment regarding Your interaction with these Linked Sites.
DIRECT HEARING DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
Except to the extent that applicable law specifically forbids such limitation of liability, DIRECT HEARING WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM ANY OF THE FOLLOWING OR FROM ANY DIRECT HEARING EFFORTS TO ADDRESS OR MITIGATE ANY OF THE FOLLOWING: (a) SECURITY BREACHES, INCLUDING WITHOUT LIMITATION EAVESDROPPING, THIRD PARTY ACCESS TO YOUR DATA OR TO ASSIGNED COMPUTERS, THIRD PARTY ACCESS TO OR MISUSE OF PASSWORDS PROVIDED TO DIRECT HEARING, AND INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; (b) RELEASE OR EXPOSURE, FOR ANY OTHER REASON, OF PERSONALLY IDENTIFIABLE INFORMATION OR OTHER PRIVATE DATA, INCLUDING DATA BELONGING TO YOUR OWN CUSTOMERS AND OTHER USERS; (c) DENIAL OF SERVICE ATTACKS, VIRUSES, WORMS, AND OTHER INTENTIONAL INTERFERENCE BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION BY OTHER DIRECT HEARING CUSTOMERS OR PARTNERS; (d) LOSS OF DATA OR LOSS OF ACCESS TO DATA; (e) ACTIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION OTHER DIRECT HEARING CUSTOMERS, PARTNERS, AND THIRD PARTY PRODUCTS, CONTENT AND SERVICES PROVIDERS; (f) ACTIONS OF DIRECT HEARING EMPLOYEES, AGENTS, OR CONTRACTORS ACTING OUTSIDE THE SCOPE OF THEIR DUTIES; (g) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ACCIDENTAL DISCONNECTION AND TERMINATION OF SERVICE; AND (h) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE. THE PROVISIONS OF THIS SUBSECTION APPLY, WITHOUT LIMITATION, EVEN IF YOU PURCHASE SERVICE FEATURES ADDRESSING SECURITY, DATA INTEGRITY, DATA BACKUP, ATTACK PROTECTION, VIRUSES, SPAM, MONITORING, OR SYSTEM INTEGRITY. Direct Hearing does not control and has not thoroughly reviewed all the websites linked to Direct Hearing’s website or run by Direct Hearing’s customers or by providers of Third-Party Products, Content and Services. With the exception of its own website, Direct Hearing is not responsible or liable for the content or practices of any website, including without limitation third party websites referenced in the preceding sentence.
THE LIABILITIES LIMITED BY THIS SECTION APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF DIRECT HEARING IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. Direct Hearing’s limitations and exclusions of liability and disclaimers of warranty, set forth in this Section and elsewhere in this Agreement apply equally to Direct Hearing’s officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies. You acknowledge and agrees that Direct Hearing has set its prices and entered into this Agreement in reliance upon such limitations of liability, and that such limitations of liability form an essential basis of the bargain between Direct Hearing and You.
Direct Hearing reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Except where prohibited by law, DIRECT HEARING WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will Direct Hearing or its affiliates, or any party involved in creating, producing or delivering the Services, be liable for any direct, indirect, special or punitive damages and costs (including, without limitation, health problems, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) arising out of your access, use, misuse or inability to use the Site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. Direct Hearing reserves the right to alter the content of the Site in any way, at any time, for any reason, without prior notification, and will not be liable for possible consequences of such changes. These limitations apply even if Direct Hearing has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the liability in such jurisdictions shall be limited to the extent permitted by the law.
If, notwithstanding the other provisions of these Terms of Service, Direct Hearing is found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Site or any Content, Direct Hearing’s maximum liability shall in no event exceed the greater of (1) the total purchase price of any product or service purchased by you from Direct Hearing paid in the six months prior to the date of the initial claim made against Direct Hearing, or (2) US $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to You.
You agree to defend, indemnify, and hold harmless Direct Hearing (including its officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies) from a claim by any of Your customers or users, or any other third party, arising out of or related to Your use of, misuse of, or failure to use the Service, including without limitation: (a) Your alleged conduct that would breach this Agreement, including alleged infringement of intellectual property or privacy rights; (b) security breaches or other alleged faults in the Service, including without limitation faults listed in any SLA and faults leading to the release or exposure of personally identifiable information or other private data (whether such data belongs to You, to one of Your customers, or to other third parties); and (c) any action taken by Direct Hearing as part of an investigation into a suspected violation of this Agreement or as a result of its conclusion that a violation has occurred. Your obligation includes payment of losses, expenses, damages, judgments, settlements, and costs, including without limitation attorneys’ fees, due to or arising out of or in connection with Your use of the Site.
Direct Hearing may disclose any information we have about You (including Your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Direct Hearing’s rights or property, or the rights or property of visitors to or users of the Site, including Direct Hearing’s customers.
Direct Hearing reserves the right at all times to disclose any information that Direct Hearing deems necessary to comply with any applicable law, regulation, legal process or governmental request. Direct Hearing also may disclose Your information when Direct Hearing determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Direct Hearing may preserve any transmittal or communication by You with Direct Hearing through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Direct Hearing determines that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms of Service, (c) respond to claims that any such data violates the rights of others, or (d) protect the rights, property or personal safety of Direct Hearing, its employees, users of or visitors to the Site, and the public.
You agree that Direct Hearing may, in its sole discretion and without prior notice, terminate Your access to the Site and/or block Your future access to the Site if we determine that You have violated these Terms of Service or other agreements or guidelines which may be associated with Your use of the Site. You also agree that any violation by You of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Direct Hearing, for which monetary damages would be inadequate, and You consent to Direct Hearing obtaining any injunctive or equitable relief that Direct Hearing deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Direct Hearing may have at law or in equity.
You agree that Direct Hearing may, in its sole discretion and without prior notice, terminate Your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by You (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Direct Hearing does take any legal action against You as a result of Your violation of these Terms of Service, Direct Hearing will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Direct Hearing. You agree that Direct Hearing will not be liable to You or to any third party for termination of Your access to the Site as a result of any violation of these Terms of Service.
The validity, interpretation, construction, and performance of this Agreement shall be governed by the laws of the State of Florida without regard to principles of choice of law or conflicts of law there under. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement may be brought against either of the Parties in the courts of the State of Florida, County of Pasco, or, if it has or can acquire jurisdiction, in the United States Middle District Court located in Tampa, Florida, and each of the Parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on either party anywhere in the world. The Parties hereto agree that having venue and jurisdiction solely in Florida is reasonable in that the headquarters for the Company is in Wesley Chapel, Florida and that site for litigation is the most central for such matters. THE PARTIES HEREBY WAIVE A JURY TRIAL IN ANY LITIGATION ARISING UNDER OR RELATING TO THIS AGREEMENT OR THE SERVICES. This Agreement shall not be construed against either party but shall be construed without regard to the participation of either party in the drafting of this Agreement or any part thereof.
The preceding provision regarding venue does not apply if You are a consumer based in the European Union. If You are a consumer based in the European Union, all disputes, actions, claims or proceedings between the parties relating to the validity, construction or performance of, or otherwise concerning the this Agreement (except for claims by Direct Hearing for injunctive or other equitable relief) shall be settled by arbitration in accordance with UNCITRAL Arbitration Rules as at present in force. The appointing authority shall be the International Chamber of Commerce (“ICC”) acting in accordance with the rules adopted by the ICC for this purpose, and the place of arbitration shall be San Francisco, Florida, U.S.A. There shall be only one arbitrator. The award shall be in law and not in equity and shall be final and binding on both parties. In such an event, the parties hereto irrevocably agree to submit all matters and disputes arising in connection with this Agreement to arbitration in the Tampa, Florida, U.S.A. metropolitan area. The language of arbitration shall be English. The decision of the arbitrator shall be final, binding and incontestable and may be used as a basis for judgment thereon in any country or region. In the event the foregoing arbitration provision does not apply, is found inapplicable or otherwise not given full force and effect, the parties agree that the sole and exclusive jurisdiction and venue for any and all unresolved disputes related to this Agreement shall be in any trial or appellate court located in or serving Pasco County, Florida, U.S.A.
Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation.
Direct Hearing administers and operates the www.DirectHearing.com Site from its location in Wesley Chapel, Florida, USA; other Direct Hearing sites may be administered and operated from various locations inside or outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Direct Hearing reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If You choose to access the Site from outside the United States, You do so on Your own initiative and You are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. These Terms of Service constitute the entire agreement between You and Direct Hearing with regard to Your use of the Site, and any and all other written or oral agreements or understandings previously existing between You and Direct Hearing with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement You enter into with Direct Hearing, Direct Hearing will not accept any counter-offers to these Terms of Service, and all such offers are hereby categorically rejected.
Direct Hearing’s failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by Direct Hearing of any provision or any right it has to enforce these Terms of Service, nor shall any course of conduct between Direct Hearing and You or any other party be deemed to modify any provision of these Terms of Service. These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
Direct Hearing provides access to Direct Hearing international data and, therefore, may contain references or cross references to Direct Hearing products, programs and services that are not announced in Your country. Such reference does not imply that Direct Hearing in Your country intends to announce such products, programs or services.
Any feedback You provide at this site shall be deemed to be non-confidential. Direct Hearing shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
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