Terms of Use and Conditions

The terms and conditions listed below apply to all Miracle-Ear, Inc. (“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Conditions and acknowledge that any other agreement between you and Miracle-Ear with respect to the use of the Sites is superseded.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, diagnosis and treatment should be obtained from a licensed health care professional.  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 our Sites for public or commercial purposes, including the text, images, or animations, without 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," "Messenger," "Mirage," "SHARP DYNAMIC," "SHARP III CIRCUIT," "SHARP PLUS," "Merlin," and "AudioChoice" as well as our sine wave logo displayed on our Sites include both registered and unregistered Trademarks of Miracle-Ear, Inc. 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 written permission of Miracle-Ear, Inc. 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. 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, Inc. proprietary ownership rights.

All rights not expressly granted are reserved.

Personal Use

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, however, Miracle-Ear makes no warranties or representations concerning validity, completeness, correctness or accuracy of such information. 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, 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 Sites 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.

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 defects 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.  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. 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.

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. 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.

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 Export Control

Software and other materials from the Sites 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 the Sites 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 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.

Jurisdiction

Any dispute arising from these terms will be resolved exclusively in the state and federal courts of the State of Minnesota. 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 the United States, 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. 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.