AuDition - Disclaimer
Welcome to the ADA AuDition Website provided by the Academy of Doctors of Audiology (ADA) to which this Legal Disclaimer and Terms of Usage is linked (the "Site"). This page contains the terms and conditions upon which you may access the information and services available through the Site.
USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY.
ADA may change these restrictions and conditions at any time.
- No Recommendations or Medical Advice
ADA is not an audiologist referral service, and does not recommend or endorse any particular healthcare provider or medical service of any kind. ADA does not offer advice regarding the quality or suitability of any particular audiologist/practice/student, and no information on the Site should be construed as health or medical advice. ADA EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE SITE OR THE INFORMATION CONTAINED THEREIN AS A REFERENCE SOURCE, AND FOR ANY ADVICE, AGREEMENT, OR SERVICES RENDERED BY ANY AUDIOLOGIST/PRACTICE/STUDENT FEATURED ON THE SITE.
- Matching Relationship
You acknowledge and agree that ADA is only an intermediary that provides selected practice and profile information to you. You agree to assume all responsibility in connection with selecting, contacting, interviewing, partnering, or otherwise engaging any individual or practice, whether or not you obtained information about such healthcare provider through the Site. ADA assumes no responsibility or liability for any claims that may result directly or indirectly from the relationship.
- Restrictions on Use
The Site and its contents are proprietary to ADA and you agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any aspect of the Site, with the following exception: You may display, print, and store one electronic copy of content provided by ADA for your personal use. You may not, without ADA's written permission, "mirror" or "frame" any material contained on this Site. ADA, the Academy of Doctors of Audiology and all other names, logos, and icons identifying ADA and its products and services are proprietary marks of ADA , and any use of such marks without the express written permission of ADA is strictly prohibited. Unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and communications regulations and statutes. You agree that you will not, directly or indirectly, use the Site or the information contained therein (a) to compile mailing lists or other lists for commercial purposes; (b) to establish independent data files or compendiums of statistical information; or (c) in violation of local, state, national, or international laws and regulations.
- Links to Other Sites
ADA may provide links, in its sole discretion, to other Web sites for your convenience in locating products, information and services. These sites have not been reviewed by ADA and are maintained by third parties over which ADA exercises no control and, accordingly, ADA expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party Web sites. Moreover, these links do not imply, directly or indirectly, endorsement by or affiliation with any third party or any Web site, products or services provided by any third party.
ADA in its sole discretion, may post the advertisements of third parties on the Site. Your correspondence or dealings with advertisers found on the Site are solely between you and such advertiser. You agree that ADA shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site. Moreover, ADA shall not be responsible or liable for the statements or conduct of any third party on this Site, including but not limited to advertisers.
- Transactions with Third Parties
The Site may allow you to purchase products and services directly from third-party vendors through links on the Site ("Linked Vendors"). ADA is not a party to any transaction between you and any Linked Vendor. By using the Site, you acknowledge and agree that ADA shall have no liability for any cost, damage or harm arising directly or indirectly from (i) any products or services ordered through a Linked Vendor (including, without limitation, delivery (or failure to deliver), quality, performance, compatibility, and suitability for a particular purpose), and (ii) any action or inaction of any Linked Vendor. ADA makes no warranties or representations whatsoever regarding any product or service provided or offered by any Linked Vendor and you acknowledge that any reliance on representations and warranties provided by any Linked Vendor shall be at your own risk. ADA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING GOODS OR SERVICES YOU OBTAIN FROM Linked Vendors AND YOU AGREE TO LOOK SOLELY TO SUCH Linked Vendors FOR ALL CLAIMS REGARDING SUCH GOODS AND SERVICES.
- Third-Party Content
Certain materials from Linked Vendors (and other third parties) may be made available as part of the Site or through links from the Site. As a general matter, these third parties have obtained such information from sources believed by them to be reliable. ADA makes no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability or correct sequencing of, such third parties. Likewise, ADA does not endorse, oppose or edit any opinion or analysis expressed by such third parties. ADA expressly disclaims responsibility and liability for materials provided by such third parties.
- Confidentiality on Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While ADA has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to ADA over the Internet cannot be guaranteed. Consequently, ADA is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Please judge your actions accordingly.
- Right to Use Submissions
By transmitting or posting any suggestions, information, material, or other content (collectively, "content") to ADA, you automatically grant ADA the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, ADA is free to use any ideas, concepts, know-how, techniques, and suggestions (collectively, "information") contained in any communications you send to the Site for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services using such information.
- Security of the Site
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, ADA reserves the right to view, monitor and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing or recording may be subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. ADA will also comply with all court orders involving requests for such information.
- Force Majeure
ADA will not be liable for any loss resulting from a cause over which it does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, operator errors, or governmental restrictions.
- Changes in Service
While ADA endeavors to provide the most accurate, up to date information available, the information and material on the Site may contain technical inaccuracies or typographical errors, and may be changed or updated without notice; ADA will not be liable or responsible for any such inaccuracies, errors, changes or updates. ADA also reserves the right to change and/or discontinue its currently provided services at any time, for any reason.
- Limitation of Liability and Warranty
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. ADA IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ADAEXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING SEPARATE AGREEMENTS YOU MAY MAKE WITH THIRD-PARTIES, AND YOU AGREE TO LOOK SOLELY TO SUCH THIRD PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR THE MEDICAL CARE PROVIDED BY SUCH PARTIES.
THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS, SERVICES OR RESULTS; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT USING THE DATABASES OR THE SITE WILL ASSIST YOU IN ANY WAY, WHETHER TO LOCATE A SUITABLE STUDENT, EMPLOYEE, PARTNER, PRACTICE BUYER OR PRACTICE SELLER, OR FOR ANY OTHER PURPOSE. ADA DOES NOT WARRANT OR REPRESENT THAT (A) THE SITE CONTAINS ALL RELEVANT DATA, OR (B) THE INFORMATION ON THE SITE OR IN THE DATABASES IS ACCURATE AND COMPLETE OR ERROR FREE.
NEITHER ADA NOR ITS AGENTS, DIRECTORS, REPRESENTATIVES, MEMBERS, ATTORNEYS, AND ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SERVICES PROVIDED AT THE SITE) ARISING OUT OF USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF ADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF ADA (AND THE PARTIES REFERENCED ABOVE IN THIS PARAGRAPH) ASSOCIATED WITH ANY CLAIM ARISING DIRECTLY OR INDIRECTLY FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 14 WILL APPLY TO YOUR USE OF THE SITE, ALL CONTENT AND INFORMATION CONTAINED IN THE SITE, ALL ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE.
You agree to defend, indemnify and hold harmless ADA and its affiliates and all of their respective agents, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you make based on information obtained at the Site, any products or services obtained through the Site, and any breach by you of these restrictions and conditions.
- Termination of Access; Changes to Terms
ADA reserves the right at any time to deny you access to the Site or any portion thereof. ADA may change these restrictions and conditions at any time, and you will be subject to these terms and conditions as then in effect at the time you are using the Site.
- Governing Law
These restrictions and conditions have been made in and will be construed and enforced in accordance with the laws of the Commonwealth of Kentucky, without giving effect to any principles of conflicts of law. Any action to enforce these restrictions and conditions may be brought in the federal or state courts presiding in Lexington, Kentucky, U.S.A., and both parties expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by ADA from its offices within the United States. ADA makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If you choose to access this Site from locations other than the United Sates you do so on your own volition and you are responsible for compliance with applicable local laws.
Failure to insist on strict performance of any term of these restrictions and conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver of any term of these restrictions and conditions will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of these restrictions and conditions is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect. No joint venture, partnership, employment or agency relationship exists between you and ADA as a result of these restrictions and conditions or your use of the Site. Any rights not expressly granted herein are reserved.
- Entire Understanding
If the use of an ADA product or service available on the Site is governed by the terms of a separate online or hard-copy agreement, and the event of any conflict between the terms and conditions of such separate agreement and those set forth herein, the terms of such separate agreement will control with respect to such product or service.
By using the Site you acknowledge that, in providing you access to and use of the Site, ADA has relied on your acceptance of these restrictions and conditions. USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS SET FORTH ABOVE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY.
- Privacy Statement
General Information Disclosure: ADA and ADA AuDition strive to protect the privacy of our users. We have taken measures to assure both the physical and electronic security of the data we store. We do not disclose information about your individual visits to the ADA website to any outside parties, unless required by law.
Privacy of CV, Resumes and Practice Information: We give you the option of entering your information into our Internet database and/or posting the information. Information entered is accessible by other users in accordance with the use of the site and the features provided therein. You may remove your information from our searchable database at any time. However, any users who had access to the database may have retained a copy of your information in their own files or databases. We are not responsible for the retention, use, or privacy of resumes in these instances.
Quality of CV, Resumes and Practice Information: ADA does not credential, verify or update in any way the information submitted by users into the Internet database. We are not responsible for any false information provided by the user. It is your responsibility to verify the information.
Comments: Any comments that are submitted via email become the property of ADA. We may use these comments, such as success stories, for marketing purposes, or to contact you for further feedback.
Privacy Commitment Changes: Any changes to our privacy commitment statement will be posted here. If, at any time, you have questions or concerns about ADA’s privacy commitment, please feel free to email us. We will attempt to respond to your inquiry as promptly as possible.
Thank you for using ADA and its ADA AuDition website.