Consumer User Agreement
Welcome to the Advanced Bionics (AB) online interface, (hereafter known as the “Site” or "Sites"). AB is the name we use to refer to our whole business, including Advanced Bionics, Advanced Bionics LLC and its subsidiaries and affiliates. When we use the words “we” or “ours”, we mean AB.
The Consumer User Agreement includes any posted guidelines or rules applicable to particular Content or Services (as defined below) and, as updated by AB from time to time. This is a legally binding agreement. If you do not agree to the Consumer User Agreement, you are not authorized to use the Site.
1. By using the Site:
(a) You represent and warrant that you are at least thirteen (13) years old.
(b) You represent and warrant that you have the legal authority to accept the Consumer User Agreement.
(c) You agree to keep confidential your password and other user account identifiers which you choose, and be solely responsible for all activities that occur under your account.
(d) The Site is provided on "as available" basis, without warranty of any kind, either expressed or implied. Without limitation, there are no warranties concerning appropriateness, usefulness, reliability, accuracy or availability; no warranties on title, of non-infringement; and no warranties on merchantability or fitness for a particular purpose. In particular there are no warranties on the Site being free from virus, free from interference, or compatible with your computer, device, or system.
(e) AB may stop support for the Site at any time, and may change the Consumer User Agreement at AB’s sole discretion.
2. Access to the Sites:
Access to the Site requires a valid user account. To obtain a valid user account, you must register with the Site and provide the information requested, including a password defined by you in the registration process. The login and password are for the use of the designated person only and are not transferable or shareable.
You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify AB in the event that (i) your password is lost or stolen, (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Sites, or (iii) you receive a login and password that belong to another person (in which case you are not authorized to use that login account).
AB is not responsible for any loss or damage arising from your failure to comply with the provisions of this Section. Misuse of a login account, including, without limitation, unauthorized sharing of the login and password, may result, at AB’s sole discretion, in cancellation of the user’s password and other remedies, and AB shall have no liability to the user.
3. Medical Disclaimers:
Much of the information on the Sites relates to products and services offered by AB. The matters on the Sites are for your general educational information only. The Sites may provide certain content (including, without limitation, documents, photographs, videos, advertisements, marketing materials, text, graphics, and images) and services that AB may change or update from time to time (the “Content” and “Services”).
THESE SITES DO NOT PROVIDE MEDICAL ADVICE. The Sites do not provide any form of medical advice, professional services, or recommendations. The determination of the need for medical services and the types of health care to provide a patient are decisions that should be made only by a physician or other licensed health care provider. AB does not provide medical advice and the Sites, Content, and Services do not provide a diagnosis or other recommendation for treatment and are not a substitute for professional judgment of a health care professional in diagnosis and treatment of any person. Never disregard medical advice or delay seeking such advice because of something you read on the Sites. Always seek the advice of a physician or other qualified health care provide with any questions you have regarding a medical condition. DO NOT USE THE SITES FOR EMERGENCY MEDICAL SERVICES. IN AN EMERGENCY, CALL 911, YOUR LOCAL EMERGENCY ASSISTANCE NUMBER AND/OR YOUR PERSONAL PHYSICIAN.
4. Protection of Personal data/Privacy:
(a) You should comply with data protection/privacy and consumer protection laws applicable to you.
(b) “Personal Data” is information relating to natural persons, commonly an individual private contact details (home address, telephone number, e-mail address), date of birth, copy passport or other identity documents, social security number, bank/credit card details, health relating information, biometric data, and genetic data.
(c) In the context of the Site, the personal data collected is mainly the contact details of the health care professional and data of consumers. When you input your information on the Site, you are the data controller of the collected personal data. In maintaining the Site, AB is the IT data processor. 5. Opt-out:
You may contact AB and have your login and password information inactivated at any time. AB will accommodate requests for inactivation and opt-out. Opt-out may be accomplished by sending an e-mail to firstname.lastname@example.org or writing to:
28515 Westinghouse Place
Valencia, CA 91355
Phone: (661) 362-1400
6. Limitation of Liability:
YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION INCLUDING NEGLIGENCE, AB AND THE SONOVA GROUP (EVEN IF INFORMED) WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, COST, OR LIABILITY OF ANY KIND (COLLECTIVELY "LOSS") IN CONNECTION WITH THE SOFTWARE. WITHOUT LIMITATION LIABILITY IS EXCLUDED FOR: (i) ERRORS OR INACCURACIES IN THE SOFTWARE, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE, LOSS OF RECORDS, INFORMATION OR DATA, DAMAGE TO REPUTATION AND GOODWILL, AND LOSS OF EVERY KIND; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS. IN JURISDICTIONS THAT PROHIBIT LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, SONOVA'S LIABILITY SHALL BE REDUCED TO THE LOWEST AMOUNT APPLICABLE LAW PERMITS.
7. Governing Law & Jurisdiction:
This Consumer User Agreement is governed by the substantive provisions of California law and the parties agree to submit to the exclusive jurisdiction of the Superior Court of California.
Effective Date: 05/15/2018