All Sound idEARS website content, software, and materials (“Sound idEARS Materials”) are, unless otherwise indicated, the property of Sound idEARS and/or its subsidiaries, affiliates, and assigns. The Sound idEARS website and Sound idEARS Materials are protected by Canadian and international laws on copyright, trade secrets and trademarks.
Notwithstanding the above, Sound idEARS may permit its clients and other site users (“Users”) to establish html links to the Sound idEARS site on condition that Sound idEARS is notified of such links at [email protected]. Such html links shall not include the use or framing of Sound idEARS’ site, systems, or materials in such as way as to mask or remove the trademarks, identity, or other identifying features of the materials as being the property of Sound idEARS. No Sound idEARS source code, regardless of format, may be used for any other purpose other than as intended on Sound idEARS’ site and in Sound idEARS’ systems; this code is protected by copyright.
Sound idEARS expressly disclaims all warranties, express or implied, and representations with respect to its website, systems, materials, and content which are provided to site Users on an “AS IS” basis. Sound idEARS does not warrant that Sound idEARS Materials shall be error-free or that use shall be uninterrupted and/or shall meet the requirements of the User, whether express or implied, including, but not limited to, the implied fitness for a particular purpose. No oral or written information or advice given by Sound idEARS shall create a warranty with respect to the Sound idEARS Materials. Users are responsible for determining the accuracy, completeness, and suitability of the Sound idEARS Materials for the use or uses that they intend.
As part of its ongoing research to improve its Users’ website experience, Sound idEARS will gather statistical and other non-individual-identifiable information and measures from Users of Sound idEARS Materials; Users hereby acknowledge and agree to such information gathering by Sound idEARS.
Notwithstanding the foregoing, all Users, whether past or present, hereby acknowledge and agree that Sound idEARS and its affiliates may, from time to time, communicate to any and all Users directly or indirectly regarding information related to Sound idEARS and/or its affiliates. Where applicable, should any User choose to opt out from receiving any Sound idEARS communications, such User and, where applicable, his or her Organization, may have their access to Sound idEARS’ Materials suspended until such time as the User opts in to receive Sound idEARS communications.
Sound idEARS, its officers, employees, agents, suppliers and contractors shall in no event be liable for any claims, charges, demands, loss of profits, saving or goodwill, loss or inaccuracy of data, loss caused by any electronic viruses, or any indirect punitive, exemplary, incidental, third-party claims, special or consequential damages (whether in contract, tort, including negligence, or otherwise) that result from the use of Sound idEARS Materials, including but not limited to inability to use, even if Sound idEARS or an authorized Sound idEARS representative has been advised of the possibility of such damages.
All Users of Sound idEARS’ site Materials indemnify and hold harmless Sound idEARS from and against any and all claims, charges, demands, damages, liabilities, losses and expenses of any nature however occurring (including reasonable legal and other professional fees) suffered or incurred by Sound idEARS directly or indirectly by reason of any act or omission of the User in breach of the terms and conditions, obligations, warranties and representations, express or implied, contained in this Agreement.
Any violation of this Agreement by the User may result in, but may not be limited to, the revocation of access to the site by the User. Revocation of site access to the site shall not limit any remedies at law available to Sound idEARS to rectify or make whole any violation. Notices of revocation of access may be communicated by Sound idEARS in any means or modes of communication. Such notices shall be deemed to be delivered upon being sent by Sound idEARS where electronic methods are used to communicate such notices.
Finally, by using the Sound idEARS site and any Sound idEARS Materials, the User hereby acknowledges and agrees that Sound idEARS may, from time to time, amend this Agreement and such amendments shall immediately gain full force and effect without need for further notice to the User. It is incumbent on the User, prior to accessing or using any Sound idEARS Materials, to review the current version of the Agreement. Further, any subsequent use of any Sound idEARS Materials obtained or accessed prior to any amendment of this Agreement shall be covered by this current version of the Agreement at the time of use.
This Agreement is governed by and interpreted in accordance with the laws of the Province of British Columbia, Canada, and the parties expressly attorn to the exclusive jurisdiction of the courts of British Columbia.