Terms of Use
Last Updated: July 2012
Welcome to Otojoy.com (“Website”). The following terms and conditions apply to you when you view, access or otherwise use our Website. The term “Otojoy” or 'us' or 'we' refers to the operator of this website, Otojoy LLC. The term 'you' refers to the user or viewer of this Website.
Use of Web Site
Otojoy provides our Website features to you subject to the following conditions. Through use of our Website you are deemed to agree to the terms set forth below as of the date of such use. If you do not want to be subject to these terms please do not use our Website. We reserve the right to make changes to our Website, these Terms of Use, and any policies that govern the use of our Website and to terminate this site without notice. It is recommended that you read these Terms of Use each time you enter the site for any updates or changes. Your continued use of our Website shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. If you do not agree and/or no longer agree to be bound by these Terms of Use, you may not use and must immediately cease your use of the Website. You agree that Otojoy may in its sole discretion terminate your access to our Website, without notice, if we believe you have in any way violated our Terms of Use.Privacy
Otojoy operates under a strict set of privacy principles to respect the privacy of our online visitors. Please review our Privacy Policy here, which also governs your visit to our Website. When you access this site, you acknowledge that you have read and agree to abide by its terms.Support Forums, Blogs and Ratings & Reviews
Otojoy has created support forums, blogs, community areas and group discussions, in the English language (at this time), so you can share your experiences, ask and/or answer questions, share reviews of Otojoy products and services, and more (collectively referred to as “ Online Communities”). We appreciate that Otojoy’s Online Communities reflect the diversity of its users and is an interesting place to share, learn, and interact. In keeping with this spirit of community, we have a core set of principles and guidelines in English that must be followed by all members, participants, content contributors and users. These guidelines are incorporated into these Terms of Use, and may be reviewed here.Intellectual Property
All text, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, and computer code (“Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of such Content, contained on this Website is owned, controlled, or licensed by Otojoy. All such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Unless another agreement applies to particular Content, Otojoy hereby grants you limited permission to use the Content subject to these Terms of Use, as long as the use of such Content is solely for your personal, non-commercial informational use.Unless expressly permitted in an applicable agreement or on the Content itself, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Otojoy and/or the appropriate owner. Also, you may not “mirror” any Content contained on this Website or any other server without Otojoy’s express prior written consent.
The entire contents of this site, and its compilation, are the property of Otojoy and protected by United States and international copyright law. All content published on the Website, with the exception of that acquired from third-party syndication sources as noted on applicable content page(s), is ©2012 by Otojoy LLC. All rights reserved.
Lawful Use
All material on this site is provided for lawful purposes only.Health-Related Information
Information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Website (including, but not limited to, information that may be provided by healthcare and/or hearing professionals employed by, or contracting with, Otojoy) for diagnosing or treating a health problem or disease.Modifications
Otojoy reserves the right to modify or discontinue, temporarily or permanently, the Website as a whole and/or any or all of the Website features, products, prices of products, services or information appearing on, or available through, any or all of the Website, including these Terms of Use, with or without notice to you. You agree that Otojoy shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.Links
Should our Website provide links to other third party web sites or resources, these links are for your convenience only and are not under our control. You acknowledge and agree that Otojoy is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources. You agree that Otojoy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other web sites or resources, you agree you do so at your own risk.Sale of Products
You may be provided with the opportunity to purchase products and/or services through our Website and/or from third party web sites linked to our Website. Products and/or services purchased through third-party web sites are subject to the terms and conditions of such other parties and their web sites, and Otojoy shall have no liability or responsibility theretofore. All items purchased from our Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.Indemnity
You agree to indemnify and hold Otojoy and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Website, any services, products or information obtained on or through the Website, your connection to our Website, your violation of these Terms of Use, and/or your violation of any rights of another party. This indemnity survives termination of these Terms of Use.Domestic Use/Export Restriction
Otojoy controls the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) is appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.Enforcement of Terms of Use/Jurisdiction
These Terms of Use are governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. All claims and actions must be brought in the appropriate state or federal court located in Santa Barbara County, California; and, you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and venue.Severability
Please review our other policies, including but not limited to our Privacy Policy and Forum Rules, if applicable (collectively, our “Policies”). These Terms of Use and our Policies constitute the entire agreement between you and Otojoy with respect to the Website; provided, however, that certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms which may be located on particular pages on the Website. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by us. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or our Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.Warranty Disclaimer
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE AND ALL MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON THIS WEBSITE OR LINKED FROM THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND OTOJOY AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, AND PARTNERS (HEREINAFTER COLLECTIVELY REFERRED TO AS “SUPPLIERS”) HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. OTOJOY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABLILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE WEBSITE. OTOJOY AND ITS SUPPLIERS MAKE NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ACCESS TO THIS WEBSITE OR ANY INFORMATION, POSTINGS, OPINIONS, OR SERVICES LINKED FROM THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT RESULTS FROM SUCH USE WILL BE ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES. OTOJOY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS WEBSITE WILL BE FREE OF ALL VIRUSES, MALWARE, CONTAMINATION, OR DESTRUCTIVE FEATURES, INCLUDING BUT NOT LIMITED TO ALL VIRUSES, MALWARE, TROJAN HORSES, WORMS, ADWARE, SPYWARE, CRIMEWARE, ONLINE GRAFFITI TAGGERS, DROPPERS, ROOTKITS, KEYLOGGERS, BOTS, OR OTHER HARMFUL SOFTWARE PROGRAM OR PROGRAM ELEMENTS. IN ADDITION, OTOJOY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY SUPPLIER, THIRD PARTY SERVICE PROVIDER, OR PARTNER, WHETHER ONLINE OR OFFLINE. NO ORAL OR WRITTEN INFORMATION RECEIVED BY OTOJOY, ITS SUPPLIERS, OR OBTAINED OTHERWISE WILL CHANGE THIS DISCLAIMER.Limitation of Liability
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OTOJOY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OTOJOY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM OTOJOY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OTOJOY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.Miscellaneous
Otojoy may assign these Terms of Use at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or any other transfer of Otojoy interest(s) to another entity. You may not assign this agreement.Contact Us
Should you have other questions or concerns about these legal notices and/or the practices of this Website, please contact us at:Otojoy LLC
3463 State Street #497
Santa Barbara, CA 93105
www.otojoy.com
info@otojoy.com