Terms of use

I. Introduction and eligibility

Please read these Terms of Use (“Terms”) carefully before using the website.


These Terms include Phonak’s Privacy Policy and HIPAA Authorization for Use/Disclosure of Health Information, which is incorporated by reference into these Terms. We have included several annotations in boxes to help explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.


Binding agreement. These Terms constitute a binding agreement between you and Phonak, LLC and its affiliates and subsidiaries (Phonak,” “we,” “us). You and users shall mean all visitors to the website. You accept these Terms each time you access the website. If you do not accept these Terms, you must not use the website. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the website.

Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the website after a change to these Terms constitutes your binding acceptance of these Terms.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the website.


II. The website

The websitemeans the website located at https://www.phonak.com. The website provides an online method for learning about our products and services.


Informational purposes only. You acknowledge that all of the information and content on the website is provided “as is” for informational purposes only. We do not give medical, legal, or psychological advice, diagnoses, or treatment. The website may provide helpful content related to health, but it is not intended to substitute for professional advice, diagnoses, or treatment, or your judgment. You assume full risk and responsibility for the use of or reliance on information you obtain from or through the website or from us. You acknowledge and agree that our activities under these Terms are limited only to providing a website providing you with more information about our products and services.


Product descriptions. We attempt to be as accurate as possible in describing the products and services we offer. However, we do not warrant that product descriptions or other content are accurate, complete, reliable, current, or error-free. The availability and pricing of products are subject to change at any time without notice.


No patient or client relationship with Phonak. Your use of the website does not create a patient or client relationship with us. You should consult with qualified health professionals who are familiar with your individual medical needs concerning your specific medical issues. Never disregard professional advice or delay in seeking it because of information you read on the website. If you think you may have a medical emergency, call your doctor or 911 immediately or go to the hospital.


Third parties. The website may list third parties that can help you purchase and use our products and services. We do not recommend or endorse any third parties listed on the website. We may, but are not required to, screen and monitor third parties to ensure they have any licenses, certifications, credentials, or have met any other prerequisites we deem necessary to be listed on the website. We are not responsible for the actions or conduct of any third party, and you have the sole responsibility for determining whether a third party is qualified and/or legally permitted to provide services to you. Any disputes you may have with third parties are solely between you and such third parties. Contact privacy@phonak.com to notify us of inappropriate or illegal conduct or content you encounter on the website.


HIPAA compliance. When we provide products and services to healthcare providers, we may act as a business associate as defined under the provisions of the Health Insurance Portability and Accountability Act of 1996 and its privacy and security regulations (HIPAA). In such case, we will comply with the provisions of our business associate agreements and the HIPAA Privacy Rule, Breach Notification Rule, and Security Rule with regard to the protected health information we maintain as a business associate. We are not responsible or liable for any healthcare provider’s HIPAA violations when using the website or our products or services.

III. Eligibility to use the website

Children. No part of the website is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE WEBSITE AT ANY TIME OR IN ANY MANNER.

Agent of a company, entity, or organization. If you are using the website on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:

  1. are an authorized representative of that Organization;
  2. have the authority to bind that Organization to these Terms; and
  3. agree to be bound by these Terms on behalf of that Organization.


IV. Communications

You agree to receive email from us at the email address you provided to us for customer service-related purposes. Email to you will not be encrypted. We cannot guarantee the security of email sent over public networks to you.
By agreeing to the HIPAA Authorization for Use/Disclosure of Health Information, we may use and disclose your information for marketing purposes. We may contact you by telephone, email, or other electronic means regarding hearing loss, setting up a hearing evaluation, and/or the possible sale of a hearing-related products and services. You may revoke this permission by contacting us at privacy@phonak.com


Electronic notices. By using the website or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the website. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the website or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at privacy@phonak.com.


V. Phonak’s content ownership and use


The contents of the website include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Phonak content (collectively,Phonak Content). All Phonak Content and the compilation (meaning the collection, arrangement, and assembly) of all Phonak Content are the property of Phonak or its licensors and are protected under copyright, trademark, and other laws.


License to you. We authorize you, subject to these Terms, to access and use the website and the Phonak Content solely for the personal use of the website, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Phonak Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Phonak Content on any copy you make of the Phonak Content.


Phonak marks. “Phonak,” the Phonak logo, and other Phonak logos and product and service names are or may be trademarks of Phonak (the Phonak Marks). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use the Phonak Marks in any manner.


VI. Suggestions and submissions


We appreciate hearing from our users and welcome your comments regarding the website. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (creative ideas), we shall:

  1. own, exclusively, all now known or later discovered rights to the creative ideas; 
  2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and 
  3. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

VII. User content disclaimers, limitations, and prohibitions

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by other third parties will be at your own risk. By using the website you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
Phonak does not endorse any, nor is it responsible for, third-party content on the website. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
You agree to use the website only for its intended purpose and in an authorized manner. You must use the website in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the website are prohibited. You may not:

  1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the website, user accounts, or the technology and equipment supporting the website;
  2. frame or link to the website without permission;
  3. use data mining, robots, or other data gathering devices on or through the website, unless specifically allowed by these Terms;
  4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
  5. disclose personal information about another person or harass, abuse, or post objectionable material;
  6. sell, transfer, or assign any of your rights to use the website to a third party without our express written consent;
  7. post advertising or marketing links or content, except as specifically allowed by these Terms;
  8. use the website in an illegal way or to commit an illegal act in relation to the website or that otherwise results in fines, penalties, and other liability to Phonak or others; or
  9. access the website from a jurisdiction where it is illegal or unauthorized.


VIII. Consequences of violating these Terms

We reserve the right to suspend or terminate your account and prevent access to the website for any reason, at our discretion. We reserve the right to refuse to provide the website to you in the future.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the website.


IX. Phonak’s liability

Changes to the website. We may change, suspend, or discontinue any aspect of the website at any time, including hours of operation or availability of the website or any feature, without notice or liability.


User disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with on or off the website. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Phonak of all claims, demands, and damages in disputes among users of the website. You also agree not to involve us in such disputes. Use caution and common sense when using the website.


Content accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the website. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the website. Use the website at your own risk.


Third-Party websites and applications. The website may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.


Third-Party functionality. The website may allow you to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions.
We make no promises and disclaim all liability of specific results from the use of the website.


Released parties defined. Released Parties include Phonak and its affiliates, officers, employees, agents, partners, and licensors.


A. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE WEBSITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY THE RELEASED PARTIES OR OTHER PERSONS ON OR THROUGH THE WEBSITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE WEBSITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

B. LIMITATION OF LIABILITY AND INDEMNIFICATION

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO, CORRUPTION OF, INTERFERENCE WITH, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE WEBSITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ COLLECTIVE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF PHONAK CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Phonak Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.


X. General Terms

These Terms constitute the entire agreement between you and Phonak concerning your use of the website. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms and Privacy Policy are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”


XI. Arbitration, class waiver, and waiver of jury trial

These Terms and the relationship between you and Phonak shall be governed by the laws of the state of Illinois without regard to its conflict of law provisions. You and Phonak agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the website under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Chicago, Illinois. You covenant not to sue Phonak in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the website or these Terms:
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
• YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.


Contact information

Phonak, LLC
4520 Weaver Parkway
Warrenville, IL 60555
info@phonak.com

Effective Date: 05/07/2015
Last Updated Date: 05/07/2015