Last updated: April 25, 2024

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‍THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH AFFECT YOUR LEGAL RIGHTS. YOU SHOULD REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE SERVICES.

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Welcome to Humelan. Please read on to learn the rules and restrictions that govern your use of our website www.humelan.com (the “Website”), content, technology, products, communities, services and applications ("Apps") (the “Services”). These Terms of Use (the “Terms”) are a binding contract between you and Humelan PBC (“Humelan”, ”Humelan Hearing”, “us”, “our”, ”company” or “we”). You must agree to these Terms before using the Services. By accessing or using the Services, including through partner platforms, you agree to be bound and to abide by these Terms and all applicable laws, rules and regulations. If you do not agree to these Terms, you are prohibited from using the Services. These Terms include the provisions in this document, our Terms of Use, as well as those in the Humelan Privacy Policy. 

 

All references to “you”, “your”, “user”, and “member” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity or another individual, you represent and warrant that you have the authority to bind that entity or individual, your acceptance of the Terms will be deemed an acceptance by that entity or individual, and “you”, “your”, “user”, and “member”, herein shall refer to that entity, its directors, officers, employees, and agents.

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1. HUMELAN SERVICES

Humelan provides a range of non-medical support Services for individuals with hearing loss. This includes SMS-based coaching, assistance with hearing technology, communication strategies, advocacy support, any content on our website, access to our knowledge hub, Humelan’s online communities and Humelan’s webinars and online events. Please note that Humelan does not provide medical advice.

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Humelan provides text-based and chat-based human and digital coaching and health and wellness-related information to our users. Services include, without limitation, the following programs: Hearing Health and Wellness Coaching, Digital Hearing Health and Wellness Coaching, Community, Groups, Knowledge Hub, Communication Coaching, and Webinars. Humelan is not a healthcare provider. For some programs, Humelan works with independent affiliated hearing coaches as well as hearing healthcare providers (“Providers”) to facilitate users’ access to text-based services through its texting service, Website, and/or Apps. In addition, some users participating in some Pilots or Programs may have received access to Humelan through their audiologist, hearing aid dispensary, or cochlear implant center, and may allow Humelan to receive and share information from their providers and/or their hearing technology, such as a hearing aid. Please consult with your healthcare provider to determine whether the Services are appropriate for you.  

 

NOTE: Some Services may be subject to additional guidelines, rules, or terms that are made available to you on the Services and govern the applicable Services. The Services can be accessed through a compatible Device. As used herein, the term “Device” refers to the device that is used to access the Services, including but not limited to computers and smartphones.

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2. WHO MAY USE THE SERVICES

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2.1 You may use the Services only if you can form and agree to form a binding contract with Humelan and are not a person barred from receiving the Services under the laws of the applicable jurisdiction. If Humelan has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.

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2.2 In addition, the Services are available only to eligible users in the United States who are 18 or older. Minors under the age of 18 are not permitted to use or otherwise access the Services. 

 

2.3 Additionally, certain Services are exclusively available to users and/or members of participating entities, including hearing device manufacturers, audiology and ENT practices, or health plans who are 18 years of age or older.  

 

2.4 In addition to the foregoing, access to the Services may be denied depending on eligibility, personal health circumstances, and other reasons at our discretion.

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3. MEMBERSHIPS, PILOT PARTICIPANTS, and USERS

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3.1 REGISTRATION; ACCOUNT; ELIGIBILITY

Certain aspects of the Services are available only to those who register for an account (each a “Member”), those who are participating through a pilot program or those who were selected through Humelan’s waitlist. To register as a Member or a User and depending on the manner in which you access the Services, you may need to provide your email address for purposes of creating a username and also create a password to be used in conjunction with that username. You are responsible for maintaining the confidentiality of your Member account and password and for restricting access to your Device. Please use a strong password and limit its use to your Member account. We will not be liable for any loss or damage arising from your failure to comply with the above. You are solely responsible for providing the correct name, cellphone number and email upon registering for Humelan and all activity that occurs on your User or Member account or through the texting service. We may assume that any communications or content under your Member account or via the texting service have been made by you. You must notify Humelan immediately of any breach of security or unauthorized use of your Member account or your texting service.

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Some features of our Services are available only to people who meet certain eligibility criteria or are participating in certain pilots. We also may limit the availability of the Services only to people who are eligible through their audiologist, ENT, hearing device manufacturer, PCP or health insurance plans, employers, healthcare companies, government programs, other third-party partners (“Sponsored Plan”) or specific pilot programs. Access to these programs and Services may depend on whether you are eligible through Membership in your health plan, your employment, or your association with a participating Humelan partner.  If you are eligible, you may participate in the applicable Humelan programs, pilots, or Services, and such programs, pilots and Services may be made available at no additional cost to you for a limited or an unlimited period. Eligibility requirements for Humelan programs may differ by Pilots, Pilot duration, Humelan’s capacity to add new Members and/or Users, and agreements between Humelan and participating Humelan partners, and such Pilots or agreements between Humelan and participating Humelan partners may change such that your eligibility for the Services are modified or terminated. Moreover, eligibility may be limited by the time duration of a pilot, and agreement or Humelan’s discretion. 

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3.2 REPRESENTATIONS

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The Services of Humelan are available only to individuals who are at least 18 years old and reside in the United States. By using our Services, you represent and warrant that you meet these criteria.

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3.3 USER RULES GENERALLY

As a User, you will receive access to certain sections, features and functions of the Services.  We may send Users and Members occasional special offers and marketing-based communication emails or texts. You can unsubscribe from these emails by following the opt-out instructions in these emails and texts.

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You can control some communications from or related to the Services. We may need to provide you with certain communications, such as service announcements, information about your Member account, and administrative messages, which you may receive via email, text message, or push notification. These communications are considered part of the Services and your Member account, and you may not be able to opt out from receiving them.  In addition, in connection with your use of the Services, you expressly consent to receive communications from Humelan via text messaging to your Device via the Humelan App or SMS. You may communicate with us via email or by text message, and Members may also request communications from us via email or text message. By registering for the Services or communicating with us via email or text message, you are acknowledging and accepting the risks associated with using unencrypted email or text to communicate with us, particularly where you request communications that may include health information about you or others.  

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Humelan reserves the right, but not the obligation, to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to Member support requests, (v) protect the rights, property or safety of Humelan, its users, it’s partners and affiliates and the public, or (vi) as consistent with our Privacy Policy.

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3.5 CANCELLATION BY YOU

You may terminate your use of the Services at any time by ceasing further use of Humelan. You may cancel your Membership or pilot participation at any time. Please make any such cancellations through your account settings in the mobile application or through texting Humelan.

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‍3.6 CANCELLATION, TERMINATION, OR SUSPENSION BY US

Humelan reserves the right to cancel, terminate or suspend your access to the Services at any time, without notice, for any reason or no reason. 

Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Services and may subject you to legal liability. We may suspend or terminate your use of the Services at our discretion, including as a result of your fraud or breach of any obligation under these Terms. Services available to you may also change or be terminated based on your Sponsored Plan. Termination or suspension may be immediate and without notice.

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4. PROGRAMS AND FEATURES

‍4.1 CONTENTS

The contents of the Services, such as text, graphics, images, information obtained from Humelan’s licensors, and other material contained on the website, apps, newsletter, and products (“Content”) are for informational purposes only. THE CONTENT AND SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

 

Unless otherwise noted, all Content and Services, whether publicly posted or privately transmitted, as well as all derivative works, are property owned, controlled, licensed, or used with permission by Humelan, and/or its affiliates, or other parties that have licensed or otherwise permitted their material to be used by Humelan. The Services as a whole and the Contents are protected by copyright, trademark, trade dress, and other laws. All worldwide right, title, and interest in and to the Services and Contents are owned by Humelan or used with permission.

 

The Contents and Services are intended solely for personal, non-commercial use by the users of the Services and may not be used except as permitted in these Terms of Use. You may share the Content with the use of the social media links (i.e., “Share,” “Pin It,” and “Tweet”) provided on our Services. You may also share the Content via email through the use of our “Share” link. You may download or copy the Content and other downloadable materials displayed on the Services for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading, sharing, or copying. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Services, or any related software without the prior written consent of Humelan the owner of such material. Nothing contained on the Content or Services grants or should be construed as granting any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, or copyrighted or other proprietary material displayed on these Content and Services without the prior written consent of Humelan or the owner of such material. All rights not expressly granted herein by Humelan to you are reserved by Humelan and/or its licensors. Third-party trade names, product names, and logos contained in these Websites may be the trademarks or registered trademarks of their respective owners.

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The information presented on or through the Content and Services is made available solely for general information purposes. We may update the Content from time to time, but the Content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and We are under no obligation to update such material.

 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

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This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting Services . All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

4.1 COACHING, GOALS, MISSIONS, AND MILESTONES

Humelan’s Hearing and Communication Management, Hearing Loss Support, Hearing Health and Wellness Coaching programs provide digital coaching to help you, among other things: (i) set and track your progress toward achieving health, wellness, communication, hearing and accessibility - related goals, missions, and milestones; (ii) access additional informational health, wellness, communication, hearing and accessibility-related resources that may be available to you; (iii) review articles and other health, wellness, communication, hearing and accessibility-related content; and (iv) participate in health, wellness, communication, hearing and accessibility-related communities or discussion forums.  These programs may be referred to as a different name depending on your User or Membership type, the Pilot your are in, the Plan you are on, Your provider or your hearing device. Certain programs may require you to select one or more life, health, wellness, communication, hearing and accessibility-related goals (“Goals”), which will help determine the content and activities that are presented to you.  You may progress towards achieving your goals by participating in “Missions”, and you may track your progress and reach “Milestones” by logging daily users of hearing technology, activities, advocacy campaigns, communication activities, or other health and wellness measurements that are related to your overall wellbing, longevity, communication, and hearing health(i.e. through “Tracking” or via text-based reporting. I.e. SMS or texting). Goals, Missions, Tracking, Milestones, and other content may differ in type and availability depending on the program, pilot, provider and Sponsored Plan.

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4.2 SCREENING QUESTIONS

Certain programs may include “Screeners,” which are questions for which we will use your answers to tailor the digital coaching experience, recommend Missions and other healthy activities to help you achieve your Goals, provide health-related educational content, and connect you with additional health-related resources. Screeners may differ in content and availability depending on the program, pilot, provider and Sponsored Plan.

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4.3 DEVICES

Some hearing devices, such as some hearing aids or cochlear impants, can log data, for example, your hearing usage. In some pilots, Humelan may communicate with you and/or your provider to share that information to better support your experience. 

 

4.4 COMMUNICATIONS WITH A LIVE COACH

Humelan’s service uses both human and digital coaches. Certain Humelan programs may allow you to contact live hearing coaches, communication coaches or wellness coaches (“Individuals”) who may be available to communicate with you in order to help you achieve your goals. These Individuals are not Providers and are solely available to assist you in your health and wellness journey and provide general information regarding health and wellness issues. Any communication with these Individuals is not intended: (i) for the purpose of diagnosing, curing, or treating any disease or condition, or (ii) to be a substitute for professional medical advice, guidance, diagnosis, or treatment. Any such communications will be conducted in accordance with Humelan’s Privacy Policy.

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4.5  PILOT PROGRAMS, USER TESTING OR INTERVIEWS, AND FEEDBACK

From time to time and at Humelan’s discretion, you may be eligible to voluntarily participate in a new Humelan program or “pilot program” that is made available to certain Members on a limited basis.  You may have to meet certain hearing-related, health-related or other criteria to participate.  In addition, you may be contacted by Humelan about participating in user testing or user interviews for the purpose of obtaining your feedback regarding your experience with Humelan programs.  Participation is voluntary, and by choosing to participate, you agree that Humelan may record interviews with you and may use information that you provide to create summaries, presentations, insights or plans (collectively, the “Materials”).  You agree that Humelan may reproduce the Materials for its own business purposes and that all right, title, and ownership in and to the Materials, including any copyrights, shall be the exclusive property of Humelan.  Your participation in any pilot programs, user testing, or user interviews may be subject to additional terms and conditions or consents, but in any event, these Terms will apply.

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Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non- exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Humelan any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of your Usership, Member account, these Terms, or the Services.

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4.6 COMMUNITIES

Humelan encourages interaction among its users and members through our website, social and app communities, as part of our goal to foster a supportive environment, because research shows that positive social and community support can help people reach their health and wellness-related goals. You may be invited to join any or all of Humelan’s groups and communities while participating in a Humelan program. Moreover, some programs have dedicated cohorts and groups on the Humelan Website that are private, and only members or users of specific pilots, programs, or groups are eligible to join. Your participation in any Humelan group is voluntary. In addition to any terms and conditions imposed by Humelan’s Website,  Facebook, Instagram, or Threads you must agree to certain rules and standards to join, and Humelan may, but does not have the obligation to, monitor your activity to help ensure adherence to rules and standards. You agree that posts may be removed without warning if they are deemed by Humelan to violate these rules, or for any other reason, in Humelan ’s sole discretion.  While Humelan may in its discretion monitor and remove posts, you acknowledge and agree that we do not do so routinely, and we are not the authors of, and are not responsible for, content posted by Members. Anything you post on any Humelan group may be visible to other group members, so do not post personal content that you do not wish to be made public. It is important to know that other Members who post information or opinions may not have medical or other relevant training or expertise.  Do not treat anything posted as medical advice.  Do not seek a diagnosis for or advice about your specific condition.  Never disregard or delay seeking professional medical advice from a qualified healthcare provider because of something you read on our Online Humelan groups, Facebook group, Instagram account, Threads account, or other Humelan-affiliated groups as part of the Services.

 

Additional Humelan Community Participation Terms

 

1. Understanding Our Guidelines: Before joining our communities, we strongly encourage you to carefully read and understand our Community Guidelines. Adhering to these guidelines helps to keep our community a safe and respectful space for everyone.

2. Public Profile and Activity: When joining our communities, please note that your profile will be visible to other users and site visitors. Your public activity, such as posts or comments, will also be visible. We believe this openness fosters interaction and mutual aid among our users.

3. Privacy: If you prefer not to have your profile or activities visible, you may choose to exit the community. Please note that while this ensures your profile is no longer publicly visible, it also means you will not be able to utilize community features, such as posting, commenting, or liking posts.

4. Respect and Safety: We ask that all users treat each other with respect and maintain a safe environment. Any misuse of our communities for purposes such as dating or harassment is not permitted and may result in removal from our platforms.

 

By participating in our communities, you agree to these terms and to our overall Terms of Use.

 

Community Guidelines

Please treat each other with respect.
 

Humelan’s mission is to support people with hearing loss in living confident, fulfilling, and joyful lives, and to increase awareness and engagement with hearing loss.
 

We're committed to fostering supportive communities that encourage mutual aid and understanding, in which all members feel welcome, safe, and respected. Following the guidelines below helps to keep the community safe for everyone.
 

THE RULES:

• Any manner of bullying, intimidation, or harassment is forbidden.

• Humelan is not a dating platform; Any misuse of the website, app, communities, groups, or forums for dating or romantic pursuits is not permitted and will result in immediate removal from our platforms 

• You may not post pornographic or violent content in messages, in group chats, or on your profile. This includes adding photographs, drawings, or comments, even as a joke. 

• Do not ask other members to take the conversation to another messaging platform such as WhatsApp, Google Hangouts, Gmail, etc. 

• The promotion, advertising, or selling of any goods or services is not allowed. Unauthorized content will be removed from the App.

• Do not attempt to convert other members to your religious beliefs or otherwise make them feel uncomfortable. 

• It should go without saying, but all illegal activity is prohibited and may be reported to the appropriate authorities.

• Finally, don’t spam anyone.

 

REPORTING

We rely on you, our community members, to report other members or content that violates these guidelines. Violating these Community Guidelines has consequences, which may include removal of content, suspension of posting privileges, or even expulsion from the community. Please keep in mind that while something may be disagreeable to you, it does not necessarily violate our Community Guidelines.
 

TO REPORT ANOTHER MEMBER OR CONTENT

When encountering a post, comment, or reply from another member that violates our guidelines, constitutes offensive content, or appears to be spam, you have the option to report it.
 

• Forum

Forum readers have the option of reporting other members' posts, comments, and replies that they find offensive or that they think is spam. To report a post on Humelan Forum, follow these steps:

1. Go to the post you want to report.

2. Click the three dots icon in the top right corner of the post.

3. Click “Report”.

4. Fill out the form that appears and click “Submit”.

 

• Groups

To report a member, post, comment, or any other member content on Humelan’s group feature use Humelan’s contact form. The contact form is accessible via the navigation bar at the top of our page or at the footer of each page. Click “contact” and complete the form to report the violation.
 

• Use Humelan's Contact Form

Alternatively, if you are unable to use the report feature, you can use Humelan's contact form. The contact form is accessible via the navigation bar at the top of our page or at the footer of each page. Click “contact” and complete the form to report the violation.

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5. WE DO NOT PROVIDE MEDICAL ADVICE; TALK WITH YOUR DOCTOR

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Humelan provides a range of non-medical support Services  for individuals with hearing loss. This includes SMS-based coaching, assistance with hearing technology, communication strategies, advocacy support, and access to our content, including our knowledge hub, and communities. Please note that Humelan does not provide medical advice.

 

HUMELAN PROVIDES A RANGE OF NON-MEDICAL HEARING AND COMMUNICATION HEALTH & WELLNESS INFORMATION, SOFTWARE TOOLS THAT SUPPORT THE DELIVERY OF PROGRAMS, NON-CLINICAL “LIVE” COACHING SERVICES, AND NON-CLINICAL ADMINISTRATIVE AND OPERATIONAL SERVICES FOR ITS AFFILIATED PROVIDERS TO FACILITATE YOUR ACCESS TO CLINICAL CARE. HUMELAN IS NOT A MEDICAL PRACTICE, DOES NOT OWN OR CONTROL THE PROVIDERS, AND HAS NO INFLUENCE OVER THE CLINICAL DECISION-MAKING OF ITS AFFILIATED PROVIDERS  OR PARTNERED PROVIDERS OUR SOFTWARE IS NOT A MEDICAL DEVICE, NOR DOES HUMELAN DISPENSE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.   THE SERVICES CAN NOT AND ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN HEALTH CARE PROFESSIONALS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. ALWAYS SEEK THE ADVICE OF A QUALIFIED MEDICAL PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE ABOUT YOUR HEALTH AND BEFORE UNDERTAKING OR CHANGING A COURSE OF MEDICAL TREATMENT, TAKING ANY DRUGS, MEDICINES, SUPPLEMENTS, OR CHOOSING A PRESCRIBED HEARING DEVICE. 

Humelan does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Content or Services. Reliance on any information provided by Humelan, Humelan employees, others appearing in the Content or on the Services at the invitation of Humelan, or other visitors to the Services is solely at your own risk. 

Any medical advice provided by a Provider using information from the Services is based on the personal health data you provide. If you do not provide complete and accurate personal health information, the advice you receive may not be accurate or appropriate. The Services and/or any data derived from the Services are in no way intended to replace the independent clinical judgment of a qualified healthcare professional.

 

FURTHER, ACCESSING A PROVIDER THROUGH OUR SERVICES IS NOT AN ENDORSEMENT OR RECOMMENDATION OF SUCH PROVIDER BY HUMELAN. THE MEDICAL ADVICE DISPENSED TO YOU BY YOUR HEALTHCARE PROVIDER OR ANY OTHER PROFESSIONAL IS NOT UNDER OUR CONTROL.

We do not confirm the credentials of any Provider you access through the Services. We do not validate that any such persons are in good standing with their respective licensure board(s) or that they are using the Services in accordance with laws applicable to the practice of medicine or Audiology. It is YOUR responsibility to separately confirm that a Provider is in good standing with his or her respective licensing board(s) and to exercise whatever other due diligence you feel is appropriate in selecting and maintaining your choice of healthcare professionals.

Any health information and links on the Services, whether provided by Humelan or by an outside entity, are provided simply for your information and convenience.  The information or materials on the Services are intended for general informational purposes only, and are intended to support the relationship between you and your healthcare providers, not replace it. Humelan is not liable or responsible for any actions taken due to your having read or been told about such information or materials. In particular, to the fullest extent permitted by law, Humelan gives no representation or warranties about the accuracy, completeness, or suitability for any purpose of the materials or information published on the Services.

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Humelan does not endorse any specific product service or treatment plan and the benefits thereunder are subject to the terms of the applicable benefit agreement.

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6. PROHIBITED USE OF THE SERVICES

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You are prohibited from and agree not to:

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6.1 Upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Services or the Services themselves such as a virus, “spyware,” “adware” or other code that could adversely impact the Services.

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6.2 Use any robot, spider, scraper or other automated means or interface not provided by us to access the Services or extract data or gather or use information, such as email addresses, available from the Services, or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters,” or engage in any spamming or spimming.

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6.3 Interfere with the servers or networks underlying or connected to the Services or to violate any of the procedures, policies or regulations of networks connected to the Services including accessing, tampering with, or use of non-public areas of the Services, Humelan’s computer systems, or the technical delivery systems of Humelan’s service providers.

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6.4 Take any action which might impose a significant burden (as determined by us) on the Services’ infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Services including attempting to probe, scan, or test the vulnerability of the Services or breach any security or authentication measures.

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6.5 Reverse engineer any licensed software, application, or any other aspect of the Services or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services.

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6.6 Access or use the Services in any way that is not in compliance with any applicable local, state, national or international law (including export laws and criminal laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms.

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6.7 Impersonate any other person or Humelan while using the Services, create more than one account, conduct yourself in an offensive manner while using the Services, or use the Services for any illegal, immoral or harmful purpose.

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6.8 Alter information on or obtained from the Services, including without limitation engaging in any automated use of the system, such as using scripts to alter our content.

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6.9 Resell any Services.

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6.10 Download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Services.

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6.11 Copy, distribute, republish or transmit in any way, without our prior written consent any Proprietary Content (as hereinafter defined).

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6.12 Use the Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes).

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6.13 Upload, post, or otherwise submit to or through the Services data with content that is illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, untrue, misleading, harmful, threatening, abusive, harassing, vulgar, invasive to another person’s privacy or protected data, encourages conduct that would be considered a criminal offense, violates any law, or is otherwise inappropriate.

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6.14 Advertise any product or service or solicit business through the Services.

 

6.15 Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Services.

 

6.16 Access content or data not intended for you, or log onto a server or account that you are not authorized to access. 

 

6.17 Provide false, misleading, or inaccurate information to us or any other user.

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6.18 Attempt to indirectly undertake any of the foregoing, or encourage or enable any other individual to do any of the above.

 

6.19 Disclose a password or permit a third party to use a password or fail to notify us if a password is compromised;

 

6.20 Sende unsolicited email or commercial electronic messages, including promotions and/or advertising of products or services;

 

6.21 Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or

 

6.22 Hijack all or any part of the Services or Content; delete or change any Services or Content; deploy pop-up messages or advertising, run or display the Services or Content in frames or through similar means on another website; or link to the Services or Content, without our specific written permission.

 

6.23 Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

 

6.24 Otherwise attempt to interfere with the proper working of the Website.

 

Any breach of the provisions of this Section 6 may also constitute a crime under applicable laws. Appropriate legal action may be taken for any illegal or unauthorized use of the Services and we may report any such breach to the relevant law enforcement authorities and cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.

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7. PROPRIETARY CONTENT

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You must respect the intellectual property laws protecting Humelan and the Services.  Any content available through the Services, including software (whether downloadable or not), text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information, and other works of authorship (collectively, “Proprietary Content”) is owned by Humelan or its licensors and protected by the intellectual property rights of Humelan or its affiliates and/or third-party licensors, where applicable.

You acknowledge and agree that certain content made available through the Services is the property of third-party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms against you.

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Subject to your compliance with these Terms, Humelan grants you a limited, non-exclusive, non-assignable, non-sublicensable, revocable, license to use the Services as it is provided to you by Humelan solely for your personal use and only in a manner that complies with these Terms and all legal requirements that apply to you or your use of the Services. Humelan may revoke this license at any time, in its sole discretion.

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8. TRADEMARKS

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Humelan, the Humelan logo and all other Humelan product or service marks are trademarks of Humelan. All intellectual property, other trademarks, logos, images, product, and company names displayed or referred to on the Website or the Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Services is strictly prohibited. Humelan will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

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9. USER and MEMBER CONTENT and CONTRIBUTAIONS

‍Humelan may enable you to post, upload, store, share, send, or display photos, images, video, data, text, comments, and other information and content (“Member Content” or “User Content”) via the Service.

 

All User and Member Contributions provided through our communities, and the Website must comply with the Community Participation Terms, Community Guidelines, and Content Standards set out in these Terms of Use. Any User Contribution you post to the Webite, Communities, or other community or public Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website and Services, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.

• All of your User Contributions do and will comply with these Terms of Use.
   

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

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We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

By making Member Content or User Content available on or through the Services, you hereby grant to Humelan a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute the Member Content or User Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this section are only for the limited purpose of offering and improving the Services and are subject to our obligations under our Privacy Policy and applicable laws, such as HIPAA.

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You are responsible for Member Content or User Content. You represent and warrant that you own the Member Content or User Content or that you have all rights necessary to grant us a license to use the Member Content or User Content as described in these Terms. Without limitation, you represent and warrant that your Member Content or User Content is not of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information. You further agree not to submit Member Content or User Content that identifies any individual (including by way or name, address or a still picture or video) under the age of 18. If you submit Member Content or User Content that identifies any individual over the age of 18, you represent and warrant that you have that person’s consent to being identified in exactly that way in your Member Content or User Content.

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Humelan is under no obligation to restrict or monitor Member Content or User Content in any way. HUMELAN DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF MEMBER CONTENT OR OF USER CONTENT . However, Humelan reserves the right to modify or remove any Member Content or User Content at any time, or to restrict, suspend, or terminate your access to all or any part of the Services, particularly where Member Content or User Content breaches these Terms, and we may do this with or without giving you any prior notice, unless otherwise prohibited by our Privacy Policy or applicable law.

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Any opinions, advice, statements, services, offers, or other information or Member Content expressed or made available by third parties, including other users, are those of the respective author(s) and not of Humelan. Humelan neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Services.  We make no warranties or representations, express or implied, about Member Content or User Content, including as to its legality or accuracy. We disclaim all liability in connection with Member Content or User Content to the extent permitted by law.

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10. THIRD-PARTY APPS/SERVICES/DEVICES

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Our Services may contain interfaces with personal health devices, including, but not limited to, hearing aids, hearing accessories, earbuds, cochlear implants, digital hearing tests, Apple Health (collectively “Third Party Personal Health Device(s)”) or links to other applications, web sites, or online services, such as online hearing tests and digital hearing apps, such as Mimi or Jacoti, (collectively, “Third Party Services”), owned and operated by third parties over which Humelan has no ownership or control. 

 

Third Party Personal Health Devices

 

You acknowledge that your use of any Third Party Personal Health Devices is at your sole discretion and for your information only. We do not review or endorse any Third Party Personal Health Devices or Third Party Services. Humelan does not manufacture the Third Party Personal Health Devices. Accordingly, Humelan does not offer, and expressly disclaims, all device or product warranties with respect to the Third Party Personal Health Devices. The manufacturer of your Third Party Personal Health Device(s) may or may not offer a warranty, and Humelan is happy to assist you in accessing any applicable manufacturer warranties that may be available to you. Please contact us at help@humelan.com  for assistance.

We are not responsible in any way for: (i) the availability, accuracy, functionality, validity, quality, legality, or recommendations of, (ii) the privacy practices of, (iii) the content, advertising, products, goods or other materials or resources on or available from, or (iv) how you use these Third Party Personal Health Devices and Third Party Services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such Third Party Personal Health Devices and Third Party Services.  Your use of any Third Party Personal Health Devices and/or Third Party Services is at your own risk and subject to the terms and conditions of use for such devices and services.

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Third Party Services

 

If you choose to access Third Party Service, you will leave our Services and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Services may have different privacy policies, terms of use, user guides, and/or business practices (collectively, “Third-Party Rules”) than Humelan, and that your use of such Third-Party Services is governed exclusively by the respective Third-Party Rules. We may provide links to Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Services, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, the quality of the services, and/or any other activities conducted on or through such Third-Party Services.

YOU AGREE THAT HUEMLAN WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“Third Party Matters”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SERVICES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.

 

Any reference in the Services to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply our endorsement or recommendation.

 

In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Our affiliated Providers may collect and use certain information about you, as specified in the Providers’ privacy policies. Prior to providing information to any Provider, You should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS. 

 

The Services must not be framed on any other website, nor may you create a link to any part of the Website or Services unless you have written permission to do so from Humelan. We reserve the right to deny linking permission in our sole and absolute discretion. If you wish to make any use of material on the Website or the Services, please address your request to help@humelan.com.

 

Advertisements, Searches, and Links to Other Websites

Humelan may select certain sites as priority responses to search terms you enter, and Humelan may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Humelan does not recommend and does not endorse the content on any third-party websites. Humelan is not responsible for the content of linked third-party sites, sites framed within the Services, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms of use for such sites. Humelan does not endorse any product advertised on the Content or Services.

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11. NO COMMERCIAL USE

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The Services are not intended for commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges, termination of your Member account, and the immediate cessation of your right to use the Services.

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12. AVAILABILITY OF SERVICES

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Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault-free. If a fault occurs in the Services, please report it to us at help@Humelan.com. If the need arises, we may suspend access to the Services while we address the fault. We will not be liable to you if the Services are unavailable for any period of time.

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Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. In the event that the Services are unavailable, you may notify us via email at help@Humelan.com.

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13. SERVICES DISCLAIMERS

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The information available via the Services is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Services or the information contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

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14. WARRANTIES; DISCLAIMERS OF WARRANTIES

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Humelan provides the Services on an “as is” and “as available” basis. To the maximum extent permitted by law, Humelan makes no representations, warranties, or conditions of any kind, express or implied, as to the operation of the Services or the information, software, or content included in the Services, including any health information available on or through the Services. Humelan makes no representations or warranties that the Services will be uninterrupted, error-free, virus-free, secure, or timely. To the maximum extent permitted by law, Humelan expressly disclaims all representations, warranties, or conditions of any kind, whether express or implied, including the implied representations, warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from a course of dealing, trade, usage, or performance. No advice or information, whether oral or written (unless signed by both parties), obtained from Humelan or through the Services, will create any warranty not expressly made in these terms. 

Some jurisdictions do not allow limitations on implied warranties, and therefore some of the above limitations may not apply to you. We urge you to keep backup copies of your Member Content, if any, that you maintain on or use with the Services. If your use of the Services results in the need for servicing or replacing property, material, equipment, or data, we are not responsible for any resulting costs or damages.

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In addition, Humelan is not liable for:

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14.1 Faulty operation of Devices, incorrect or overly slow transmission of data by the internet provider, and/or any personal damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).

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14.2 Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data, or other property caused by you accessing, using, or downloading from the Services, or from transmissions via emails or attachments received from us.

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14.3 Any use of Third Party Services or Third Party Personal Health Devices or Hearing Devices.

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15 LIMITATION Of LIABILITY

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HUMELAN IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY PROVIDERS, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES. IF YOU ARE DISSATISFIED WITH THE HEALTHCARE SERVICES YOU ARE RECEIVING FROM A PROVIDER, YOU MAY HAVE ADDITIONAL REMEDIES REGARDING THE PROVISION OF HEALTHCARE SERVICES.

YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. HUMELAN IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SERVICES. 

 

Except where prohibited by law, in no event will THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the other provisions of these Terms of Use, the Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services, the Company’s liability will in no event exceed the amount of fees paid by you or your employer, health plan, pharmacy benefit manager or health care provider specifically in connection with your use of the Services during the preceding twelve (12) month period. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

16. INDEMNITY 

You agree to defend, indemnify, and hold the Company, its officers, directors, partners, employees, contractors, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (i) your use of and access of the Services; (ii) any claim that your use of the Services caused damage to a third party; (iii) any claim by a third party that your Data infringes any intellectual property rights of such third party, (iv) any violation by you of applicable law, (v) any dispute you have with any Member of the Services or Users of the Services; (vi) Humelan’s resolution (if any) of any dispute you have with any Member of the Services or any Users of the Services;(vii) your Member Content or your Users Content; or (viii) your use of the Services in violation of these Terms of Use.

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17. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

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PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. 

 

These Terms will be subject to and construed in accordance with the laws of the State of Delaware, United States of America, excluding its rules regarding conflicts of law. You agree that any claim or dispute You may have against Humelan must be resolved exclusively by a state or federal court located in the State of Delaware, except as prohibited by law, as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in Wilmington, Delaware for the purpose of litigating all such claims or disputes.

 

Opt-Out. If you do not want to arbitrate Disputes with Company as set forth herein and you are an individual, you may opt out of this arbitration agreement by sending written notice to help@Humelan.com within thirty (30) days of the date you first access or use the Services.

 

Dispute Notice and Dispute Resolution Period. Both parties agree to resolve any disputes through final and binding arbitration as detailed herein. Before filing a claim, both parties agree to try to resolve the dispute informally and undertake to make reasonable efforts to contact each other to resolve any claim before taking any formal action. Before initiating an arbitration or a small claims matter, you and the Company each agree to first provide to the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to the Company should be sent to help@humelan.com . The Company will provide a Notice of Dispute to you by email to the address provided in your user account. If a dispute is not resolved within 30 days after the first notification of dispute is sent, each party may initiate an arbitration proceeding as described below. Failure to engage in this process could result in the award of fees against you in arbitration. The parties hereby agree to pursue an arbitration proceeding in order to resolve the dispute quickly and efficiently and take action to minimize the costs imposed on the parties. 

 

Any dispute arising from or relating to the subject matter of these Agreements shall be finally settled by binding arbitration in Delaware in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the arbitration provisions, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

 

YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS. YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ACTIONS, CLASS ARBITRATIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED. THE TERMS IN THIS SECTION ARE VALID ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

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18. MODIFICATION OR CHANGES TO TERMS

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‍Humelan may modify these Terms of Use at any time without prior notification. The latest version of these terms will always be posted on the Humelan website. It is your responsibility to regularly check our website to stay informed of any changes. Your continued use of the Services  after any changes to the Terms of Use have been made will constitute your acceptance of the revised terms.

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19. MODIFICATIONS TO SERVICE

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We reserve the right to modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any content from the Services at any time without notice to you. We are not liable for any such modification, suspension, discontinuance, or removal, and any such action by us will not affect Humelan’s license to Member Content or to User Content as stated in Section 9 above.

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