Terms and Conditions
"Miracle-Ear," "Messenger," "Mirage," "SHARP DYNAMIC," "SHARP III CIRCUIT," "SHARP PLUS," "Merlin," and "AudioChoice" as well as our sine wave logo are trademarks of Miracle-Ear, Inc. The above materials in this Site are copyrighted by Miracle-Ear, Inc. All rights reserved. All materials are provided for non-commercial personal use only.
The terms and conditions listed below, as well as any other applicable laws or regulations, apply to all Site users.
Acceptance of Terms and Conditions
Miracle-Ear, Inc. maintains this Site for your personal entertainment, information, education, and communication. You may download one copy of the material on one computer 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 the Site for public or commercial purposes, including the text, images, or animations, without written permission from Miracle-Ear, Inc. Modification or use of the materials for any other purpose violates Miracle-Ear, Inc.'s intellectual property rights.
Your access to and use of the Site is also subject to the following terms and conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement between you and Miracle-Ear, Inc. is superseded with respect to the subject matter hereof.
Copyrights and Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site include both registered and unregistered Trademarks of Miracle-Ear, Inc. and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Miracle-Ear, Inc. or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Miracle-Ear, Inc. 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, Inc. neither warrants nor represents that your use of materials displayed on the Site will not infringe any rights, including intellectual property rights, of third parties not affiliated with Miracle-Ear, Inc. The display of the Trademarks and the notices associated with them is not intended to be a comprehensive compilation of all Miracle-Ear, Inc. proprietary ownership rights.
All rights not expressly granted are reserved.
Use of this Site is at your own risk. While Miracle-Ear, Inc. uses reasonable efforts to include accurate and up-to-date information in our Site, Miracle-Ear, Inc. makes no warranties or representations concerning validity, completeness, correctness or currency of such information. Neither Miracle-Ear, Inc., its officers or directors, employees, affiliates, any of its agencies, nor any other party involved in creating, producing, or delivering the Site is liable or responsible for any errors or omissions in the content of the Site. Furthermore, 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. Everything on the Site is provided to you "AS IS" 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. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Browse at your own risk. Miracle-Ear, Inc. does not guarantee that the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even as we become aware of them. Miracle-Ear, Inc. 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 Site or your downloading of any materials, data, text, images, or animation from the Site.
Submissions From You
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, nonconfidential and nonproprietary. 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. Furthermore, Miracle-Ear, Inc. 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. Through your usage of this Site, you may submit (and/or Miracle-Ear, Inc. may gather) certain limited information about you and your Web site usage. Miracle-Ear, Inc. is free to use such information for any purpose it deems appropriate, including, but not limited to, creating customized Web pages and for marketing purposes.
Images of people, places, or things displayed on the Site are either the property of, or used with permission by, Miracle-Ear, Inc. The use of these images by you, or anyone else authorized by you, is entirely at your own risk and is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Links To and From the Site
Miracle-Ear, Inc. 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. 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.
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, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Miracle-Ear, Inc. to disclose the identity of anyone transmitting any such information or materials.
United States Export Control
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Miracle-Ear, Inc. does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States 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 or on any such list.
Any dispute arising from these terms will be resolved exclusively in the state and federal courts of the State of Minnesota. Miracle-Ear, Inc. makes no representation that materials contained in this Site are appropriate or available for use on other locations. If you access this Site from outside the United States, be advised that this Site may contain references to products and services that are not available in your country. Those who choose to access this Site 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