Terms and Conditions
Our websites, including www.audienhearing.com ,online applications, blogs, social network sites, or other online or wireless sites, accessed via computer, mobile device, or other technology (“Audien Sites” or “Sites”) are published and maintained by Modern Industry LLC, its subsidiaries, affiliates, and/or related entities (collectively, “Audien ”). When you enter any of the Sites, that site may have its own terms and conditions of use which are specific to it. When you access, browse, or use the Sites, you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth on any of the Sites. The terms “we” and “us” refer to Modern Industry LLC, and the terms “you” or “your” refers to the user or viewer of the Sites.
YOUR RIGHT TO USE THE SITES AND ITS CONTENT
- INTELLECTUAL PROPERTY AND USE OF CONTENT
Patents. All patents issued to and patent applications filed by Audien are the property of Audien and are protected by United States and foreign patent laws. Any use of these patented or patentable assets is prohibited without the specific prior written consent of Modern Industry LLC.
General Disclaimers. YOUR USE OF THE SITES IS AT YOUR OWN RISK. ALL SERVICES, INFORMATION, PRODUCTS, AND MATERIALS OBTAINED THROUGH THE SITES INCLUDING ALL CONTENT, LINKS, AND "COOKIES," ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AUDIEN DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SITES, CONTENT, PRODUCTS, SERVICES, AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO, THE AVAILABILITY OF PRODUCTS OR SERVICES AND THE ACCURACY OF THE CONTENT. AUDIEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT THE SITES AND ACCESS TO THE SITES ARE FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITES.
Modern Industry LLC’ PRODUCTS ARE ONLY SUBJECT TO A SEPARATE WRITTEN WARRANTY, IF ANY, ACCOMPANYING THOSE PRODUCTS. AUDIEN MAKES NO REPRESENTATIONS, WARRANTIES, OR RECOMMENDATIONS WITH RESPECT TO ANY TREATMENT OR ACTION WITH RESPECT TO THE APPROPRIATENESS OF ANY MEDICAL DEVICES OR PROCEDURES ABOUT WHICH INFORMATION OR CONTENT IS PROVIDED WITHIN OR THROUGH THE SITES.
Disclaimer of Medical Liability. AUDIEN DOES NOT PROVIDE MEDICAL ADVICE. The contents of the Sites are for general informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Reliance on any information provided on the Sites is solely at your own risk. Individual medical needs are very different; you should not assume that the information on the Sites concerning certain courses of treatment or outcomes will apply to you. Rather, you should evaluate your medical condition and make treatment decisions based upon consultation with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS WEB SITE.
You are advised that the Food and Drug Administration (FDA) has determined that it is in your best health interest to have a medical evaluation by a physician, preferably one specializing in diseases of the ear, before purchasing a hearing aid. Licensed physicians who specialize in diseases of the ear are often referred to as otolaryngologists, otologists or otorhinolaryngologists.
The contents of the Sites may be of interest to medical professions or other health care providers. Medical professionals and health care providers should exercise their own judgment in determining whether a particular product or procedure is appropriate for their practice or their patients.
Payment Terms. Unless otherwise indicated in writing to you, the full purchase price of products sold through the Sites will be billed at the time of shipment. Audien will debit cards upon shipment. Audien may change these payment terms without notice at its sole discretion.
Limitations of Liability. IN NO EVENT SHALL AUDIEN OR ANY OF ITS AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND SUPPLIERS, OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR CONTRIBUTORY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA), WHETHER IN AN ACTION IN WARRANTY, CONTRACT, OR TORT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF THE SITES OR ANY PRODUCTS PURCHASED THEREON; (ii) THE DELAY OR INABILITY TO USE THIS WEBSITE; (iii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEBSITE; (iv) THE FAILURE TO PROVIDE THE PRODUCTS OR SERVICES; AND/OR (v) DAMAGES CAUSED BY THE ACTS OR OMISSIONS OF YOU OR ANY THIRD PARTY. THIS PARAGRAPH SHALL APPLY TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT SHALL Modern Industry LLC’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
IN NO EVENT IS AUDIEN LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS. AUDIEN IS NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED BY YOU THROUGH THE SITES OR ASSOCIATED SERVICES. AUDIEN IS NOT LIABLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES OR USERS, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- LINKS TO AND FROM OTHER WEB SITES
Modern Industry LLC’ Sites may contain links, references to, or other method of access to websites operated by third parties. Audien does not, either expressly or implicitly, endorse the content on such websites, the third party, or any association it may have with third parties. The links, if any, are provided for your convenience only. Audien has no control over such web sites, and does not review the content of those websites; therefore, Audien is not responsible or liable for any content, advertising, products, services, or other materials on or available from such websites. You acknowledge and agree that Audien is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services, or other material available on or through any such website. Audien disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
- CONTENT AND USER MATERIALS
User’s Material. The Sites may have areas which allow users to upload and/or download materials or otherwise communicate. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through the Sites, any materials that (1) interfere with anyone else's use of the Sites or the privacy of any other user; (2) are defamatory, libelous, abusive, illegal, indecent, obscene, offensive, threatening, or otherwise unlawful; (3) encourage conduct that could be considered a criminal offense or otherwise violate the law; (4) violate anyone's copyright or other intellectual property right; (5) contain a virus or any other harmful material; (6) contain false or misleading statements; or (7) contain any third party’s personal information, including, but not limited to, first and last name, email address, mailing address, fax number, or telephone number.
Modern Industry LLC’ Rights to User Supplied Material. Unless otherwise specified in writing by Modern Industry LLC, if you send any information or materials to the Sites, all such information and materials are, and will be treated as, non-confidential and non- proprietary, and therefore, you are waiving any claim that any use by Audien of such material violates your rights, including privacy, intellectual property, publicity and any similar rights.
Any information or material submitted to the Sites by you may be modified, transmitted, presented, distributed, or published, copied, licensed, disclosed, sold, transmitted, or used by Audien for any purpose, worldwide, in any medium without compensation to you. Unless otherwise specified in writing by Modern Industry LLC, Audien is free to use, without any compensation to you, any intellectual property, ideas, know-how, or techniques disclosed in any information or materials provided by you to the Sites for any purpose.
Transmissions. Internet transmissions are not 100% private or secure. You understand that any material or information you send to the Sites may be read or intercepted by others, unless there is a written notice that particular material or information is encrypted.
- GENERAL LEGAL PROVISIONS
International Laws/Users. Audien is based in Phoenix, Arizona, USA. Audien makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access Modern Industry LLC’ Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The sale, purchase, and use of any of Audien products are subject to the terms and conditions, warranties, warranty disclaimers, and limitations of liability set forth in any separate written terms and conditions, user manuals, instructions for use, product catalogues, or similar documentation provided by Modern Industry LLC.
Thank you for your cooperation. We hope you find Modern Industry LLC’ Sites helpful and convenient to use. Questions or comments regarding the Sites should be directed by email to email@example.com, by telephone to (205) 255-1112, or by mail to Modern Industry LLC, LLC, 10733 N Frank Lloyd Wright Blvd Unit 103, Scottsdale, AZ, 85259.