Professional 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 Professional 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 Professional User Agreement, you are not authorized to use the Site.
1. By using the Site:
(a) You confirm that you are a qualified hearing care professional, registering your HCP user account with us in your genuine identity and address. If you register using a personal or non-professional e-mail address, you will not be granted access to patient-specific data without further verification.
(b) 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.
(c) You agree that AB is the sole owner of the Site, including ownership of copyrights, database rights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto of every kind, as well as contents such as texts, images, graphics, logos, audios, videos, and other materials recorded or appearing on the Site.
(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. 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 Professional 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 if (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, (iii) you receive a login and password that belong to another person (in which case you are not authorized to use that login account), or (iv) you are no longer affiliated with your registered center.
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. Protection of Personal data/Privacy:
(a) You should comply with data protection/privacy and consumer protection laws applicable to you.
(b) If you are located within the European Economic Area (EEA) or are providing goods and services to consumers in the EEA, you must comply with the EU Data Protection Directive 95/46/EC, and from May 2018 the EU General Data Protection Regulation 2016/679 (EU GDPR).
(c) “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.
(d) 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.
4. Without limitation, you are obliged to:
(a) Treat the consumer personal data and consumer user contents as confidential information;
(b) Ensure appropriate technical and organizational measures are taken against unlawful, unauthorized, or accidental loss, corruption or disclosure of the consumer personal data and consumer user contents;
(c) Not to sell, distribute, publish, or in other ways disclose or exploit the consumer personal data or consumer user contents, except in connection with your duties as a hearing care professional;
(d) In respect of consumers who have exercised their rights under applicable data protection/privacy law (access, correction, and others), you shall comply with them.
(e) You agree and undertake to indemnify AB and the Sonova group in full against all loss and liabilities in connection with breaches by you of EU GDPR or applicable data protection/privacy law, and breaches by you of personal data security.
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 Professional 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