Legal

TERMS OF USE

IMPORTANT:  Please review the following terms and conditions carefully.  These Terms of Use are a legally binding agreement between you and Hearing First, LLC (“Hearing First” or “we” or “us” or “our”) pertaining to the access and use of the content, information, audio and visual media, printed materials, products, and online or other electronic documentation, resources and services accessible from www.hearingfirst.org, www.startshear.org, any sub-domains thereof and other websites operated by or for Hearing First (collectively, the “Site”). Please read these Terms carefully, as your use of the Site and any content or services accessible therefrom and described below constitutes your acceptance of these Terms.  If you do not agree to be bound by these Terms do not access, use or continue to use the Site, the content or the services.

Hearing First Offerings

On the Site and through the services described below, Hearing First makes available a large body of materials and resources including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, learning experiences, downloadable handouts, blogs, white papers, audio/visual clips and design, including the selection and arrangement of all such items (collectively, “Content”). 

Hearing First may offer from time to time certain services or features on the Site, including without limitation, message boards, blogs, chatrooms, forums, personal home pages, community spaces, learning experiences, news groups, bulletin board services, personalized and/or automated email and text messaging reminders and one-on-one chat features (collectively, “Services”). 

As part of the Services and in furtherance of its mission, Hearing First has also developed an online community (“Hearing First Community”).  You may voluntarily join the Hearing First Community to access and use Services specific to the Hearing First Community (“Community Services”).  The Community Services are intended to foster deeper communication and community dialogue related to Hearing First’s mission.  To access the Community Services, you will be required to indicate your acceptance of these Terms during the registration process. 

Hearing First makes the Site, Content, Services and Community Services (collectively, “Offerings”) available to the public in furtherance of its mission.  You may voluntarily choose to access, use or participate in any of the Offerings.  The Offerings are available to you free of charge on the express condition that you accept, without modification, and abide by these Terms.  Your access and use of any or all of the Offerings is conditioned upon your continued compliance with these Terms.  If you do not agree to be bound by these Terms and all applicable laws, you are required to deregister an account and to discontinue use of the Offerings.

Changes to Terms

You are encouraged to check this page periodically for any changes that we make to these Terms of Use.  Hearing First reserves the right to change the Terms any time by reasonable notice, including without limitation by posting revised terms on the Site (which shall constitute reasonable notice), and such amended Terms shall be binding upon you upon posting; thus, you should consult the most recent version of these Terms each time that you access any of the Hearing First Offerings. 

Permitted Users and Children’s Privacy

These Terms govern each visitor’s access to and voluntary use of the Offerings.  Hearing First is concerned about the safety of children and their use of the Internet and Hearing First does not knowingly solicit personal information from children or knowingly market to children.  In accordance with the U.S. Children’s Online Privacy Protection Act of 1998, the Offerings are not intended for use by persons under the age of thirteen (13).  Users age thirteen (13) through eighteen (18) may only access and use the Offerings with the permission of a parent or guardian.  Any use of or access to the Offerings by anyone under the age of thirteen (13) or by anyone age thirteen (13) through eighteen (18) without the permission of a parent or guardian is not authorized and is a violation of these Terms. 

By using or accessing the Offerings, you represent and warrant that you are at least eighteen (18) years of age.  If you are between the ages of thirteen (13) and eighteen (18), your parent or guardian must give their permission and you must agree to abide by all of the provisions of these Terms.  In the event that Hearing First receives actual knowledge that it has collected personal information from a child without the requisite and verifiable parental consent, Hearing First will make reasonable efforts to delete that information as quickly as is reasonably practical.

Use of the Offerings is void where prohibited.

Availability of Hearing First Offerings

Hearing First reserves the right to establish general practices and limits concerning the Hearing First Offerings and may modify such practices and limits at any time and in its sole discretion.  Such practices may include, but are not limited to, restricting the length, subject matter and types of comments and information that may be posted and establishing terms and membership criteria for participating in the Services and in the Hearing First Community.

The Offerings are intended to raise awareness, provide resources, information and educational tools and foster communication and community dialogue related to Hearing First’s mission.  In accessing the Offerings, you may not post, transmit, or share any materials that (i) violate or infringe upon the rights of any third party, including copyright, patent, trademark, privacy, publicity or other personal or proprietary rights; (ii) contain libelous, defamatory or otherwise unlawful material; (iii) harass, abuse or harm (or attempt to harass, abuse or harm) or intimidate, embarrass or demean any person or entity; (iv) Hearing First deems unlawful, infringing, trade libelous, harmful, threatening, abusive, harassing, invasive of privacy, stalking, defamatory, vulgar, sexually explicit, hateful, discriminatory or racially, ethnically or otherwise objectionable; (v) Hearing First in its sole discretion deems objectionable or may prevent any other person from enjoying full use of the Offerings (to the extent that the user would otherwise be permitted), or which could expose or result in liability for Hearing First, its affiliate organization(s) controlling, controlled by, or under common control with Hearing First (“Affiliates"), partners or any user; (vi) attack, ridicule, denounce, impugn a person’s character, or impute immoral or dishonorable attributes to a person on the basis of race or ethnicity, gender, age, religion, national origin, disability or sexual orientation; or (vii) violate any applicable law, statute, ordinance or regulation, aid in or encourage the commission of a crime or illegal activity, or otherwise create liability.

In addition, in accessing the Offerings you agree not to:

• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Offerings;
• make available in any way, any personal information about any person or entity other than yourself;
• collect, store or use personal data about other users or otherwise mine information about other users or the Offerings;
• send chain emails;
• post information directed to or collect personal information from any minor;
• damage or disable any Offerings or take any other action that causes any negative impact on the operation of the Site, the Content, the Services or the Community Services or any computer systems, including posting or making available in any way any content or materials that contains viruses or that is designed to negatively impact the use of such systems (including without limitation, knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines);
• interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Hearing First’s, its Affiliates’, licensors’, vendors’ or subcontractors’ infrastructure; or
• decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of Hearing First’s, its Affiliates’, licensors’, vendors’ or subcontractors’ software or infrastructure.

Hearing First retains the right to deny access to the Offerings to anyone who violates these Terms.

Content and Restrictions on Use of Materials

Unless otherwise indicated, Hearing First, its Affiliates or their respective licensors hold the copyright to all Offerings and the Offerings are protected by copyright, trademark, patent, trade secret and other applicable laws.  See the section herein entitled “Participation in the Hearing First Community” for more information about intellectual property rights for content submitted to the Hearing First Community by a user.

Additionally, Hearing First or its Affiliates own all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Offerings unless otherwise noted.  Without the explicit consent of Hearing First, no Offerings or Marks may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way.  Any unauthorized use of the Offerings or Marks may violate copyright, trademark and other laws.  We retain all rights not expressly granted, and nothing in these Terms constitutes a waiver of any rights under copyright laws or any other federal, state, local or international law, regulation, ordinance or treaty.  Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of Hearing First, its Affiliates or any third party.

Hearing First will allow you to view, print, download and share Content for your own personal use or for an educational use including without limitation, the education of individuals, groups or the general public, provided that (i) the Content used must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to Hearing First and if possible provide a reference to Hearing First’s website where the Content is available (www.hearingfirst.org, www.startshear.org, or any subdomain thereof), and (iii) the Content used must be used in its entirety without modification, reformatting, adaptation or adjustment.  Content may not be used for any for-profit or commercial activities or purposes of resale.  You acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted or trademarked Content. 

If you intend to use any Content for purposes other than personal or educational use as described herein, you agree to obtain all necessary permissions and rights associated with the use of the Content, including our written approval.  If you intend to adapt our Content, including without limitation, adding to, deleting from, modifying or combining with other materials, for any purpose including creating a derivative work or publishing a work, you must obtain our prior written approval and can contact us as provided below.

If you share the Content with others, you agree to advise any person with whom you share the Content as to these Terms and they must agree to abide by these Terms.  Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by Hearing First or its licensors.

Access to and Participation in the Hearing First Content and Services

You may voluntarily choose to participate in certain Services offered by Hearing First, including without limitation, commenting on public blogs, requesting email or text messaging reminders, engaging in one-on-one chat sessions or participating in learning experiences.  In accessing the Services, you are responsible for any content you post or provide, including any personal information you choose to transmit or otherwise share through the Services.  We do not share your personal information without your permission.  See our Privacy Policy for more information. 

You may only share content that you own or that you have permission from the owner to share.  By way of example and not limitation, if you post a photograph of yourself with others, you must obtain a permission or a release from the other individual(s) appearing in the photograph to use their image and you must own or have a license to the copyright in the photograph.  By sharing or posting content, you warrant or represent that you own or control all of the rights to such content, or otherwise have permission from the rights owner to use or share such content. 

Hearing First may, but has no obligation to, review the Services and remove content, at any time, in its sole discretion, without notice for any or no reason, including the removal of content that in Hearing First’s opinion violates these Terms or any other terms we have established with respect to the Hearing First Offerings.  Hearing First is not responsible for any content that is removed or deleted.

You agree that Hearing First may, and you authorize Hearing First to, make and retain copies of any content that you post as may be necessary, in Hearing First’s sole discretion, for the operation and maintenance of the Services.  When you post any content as part of your participation in the Services, you automatically grant to Hearing First an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to (i) use, copy, perform, display, reformat, post and distribute your content for any purpose in connection with Hearing First’s Offerings and (ii) prepare derivative works of the content or incorporate it into other works.  In those cases, Hearing First shall be entitled to unrestricted use and dissemination for any purpose without acknowledgement or compensation to you.  You also permit any other users of the Services to access, view, store or reproduce your content for such other visitor’s personal use. 

You represent and warrant that you have the right to grant the foregoing license and that your content does not violate any rights, including intellectual property rights, of any person or entity.  You are responsible for any royalties, fees or other costs due as the result of any content you post or share through the Services. 

You may remove your content at any time and/or request Hearing First to remove your content, recognizing, however, that some information, messages, posts or other content, depending on the type and how posted, may not be entirely removable.  The license granted to Hearing First above will continue after any removal of your content.  Hearing First is permitted to retain archived copies of any content that is removed.  After removal, your content may still be viewable (e.g., in archived or cached pages or in copies that were printed or saved by other users of the Services).

In accessing certain Content or Services, you may be asked to provide your name, email address and/or a telephone number to receive texts.  You agree to provide correct information about yourself as may be required or prompted by any forms related to the Content or Services.  You further agree to timely update any information you provide to Hearing First so that it continues to be correct for so long as you desire to access the Content or participate in the Services.  While we may share your name in connection with delivery of the Content or Services, we will not make your email address, telephone number or other personal information you share with us public.  See our Privacy Policy for more information. It is your responsibility to carefully consider what, if any, additional personal information and content you choose to make available as part of your access to the Content or participation in the Services. 

You agree not to use any other person’s information to access any Content or Services without their express consent.   

Participation in the Hearing First Community

You may join the Hearing First Community and access the Community Services by submitting a registration form and expressly agreeing to these Terms, which include the following provisions specific to the Hearing First Community. 

Hearing First Community Membership

If you voluntarily choose to join the Hearing First Community, you will be required to register as a member of the Hearing First Community (“Member”) and to create an account (“Account”).  Membership in the Hearing First Community is open to the public and provided free of charge and it allows users to gain access to and to participate in the Community Services.  Generally speaking, members of the Hearing First Community may participate in and use the Community Services so long as their membership is helping Hearing First to fulfill its mission.  By joining the Hearing First Community, you are agreeing to abide not only by these Terms but also by the Code of Conduct established by Hearing First for the operation of the Community. 

Hearing First Community Member Content

Notwithstanding the provisions herein related to “Content and Restrictions on Use of Materials”, as between Hearing First and any Member, content owned by a Member and posted by the Member to the Site as part of the Community Services (“Member Content”), other than Editorial Comments (defined below) remains the property of the Member.  As a Member, you retain intellectual property rights associated with your Member Content, if any.  Some Member Content may be personal to you or contain personally identifiable information that you shared with Hearing First either voluntarily or for purposes of accessing the Community Services (“Personal Member Content.”)

You are responsible for your Member Content, including Personal Member Content contained in your Member profile (“Profile”) or Account, and other information that you post through the Community Services or that you choose to transmit or otherwise share with other Members or the public through the Hearing First Offerings.  We do not share your Personal Member Content without your permission.  See our Privacy Policy for more information. 

You may only post Member Content that you own or that you have permission from the owner to post.  By way of example and not limitation, if you post a photograph of yourself with others, you must obtain a permission or a release from the other individual(s) appearing in the photograph to use their image and you must own or have a license to the copyright in the photograph.  By posting Member Content, you warrant or represent that you own or control all of the rights to such Member Content, or otherwise have permission from the owner to post such content. 

Hearing First may, but has no obligation to, review the Community Services and remove Content or Member Content, at any time, in its sole discretion, without notice for any or no reason, including the removal of Member Content that in Hearing First’s opinion violates these Terms, our Code of Conduct or any other terms we have established with respect to the Hearing First Community.  Hearing First is not responsible for any Member Content that is removed or deleted and it is your responsibility to retain your own copies of any Member Content or information that you provide to Hearing First or otherwise post on the Site.

You agree that Hearing First may, and you authorize Hearing First to, make and retain copies of any Member Content, including Personal Member Content, that you post or otherwise provide as may be necessary, in Hearing First’s sole discretion, for the operation and maintenance of the Community Services.  When you post any other Member Content through the Community Services, you automatically grant to Hearing First an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to (i) use, copy, perform, display, reformat, post and distribute your Member Content for any purpose in connection with the Community Services or any Hearing First activities and (ii) prepare derivative works of the Member Content or incorporate it into other works.  In those cases, Hearing First shall be entitled to unrestricted use and dissemination for any purpose without acknowledgement or compensation to you.  You also permit any other Members to access, view, store or reproduce your Member Content for such other Member’s personal use. 

You represent and warrant that you have the right to grant the foregoing license and that your Member Content does not violate any rights, including intellectual property rights, of any person or entity.  You are responsible for any royalties, fees or other costs due as the result of any Member Content you post to the Community Services. 

You may remove your Member Content from the Hearing First Community at any time and/or request that your Account be closed, however, some information, messages, posts or other Member Content, depending on the type and how posted, may not be entirely removable.  The license granted to Hearing First above will continue after any removal of your Member Content from the Hearing First Community.  Hearing First is permitted to retain archived copies of any Member Content that is removed.  After removal, your Member Content may still be viewable (e.g., in archived or cached pages or in copies that were printed or saved by other Members).

Hearing First Community Member Accounts, Provision of Data and Account Security

You agree to provide correct information about yourself as may be required or prompted by any forms in the Community Services, including your Profile and any forms or information requests in connection with the creation of your Account (“Account Data”).  You further agree to timely update any Account Data or other information you provide to Hearing First so that it continues to be correct.  You are required to keep your username and password secure and you agree not to disclose your password to or share it with any third party.  You agree to notify Hearing First immediately if you suspect or become aware of any unauthorized use of your Account or disclosure of your password.  You are responsible for any use of your Account and for any charges, damages, losses or activities that take place using your Account, whether authorized or unauthorized.  Hearing First is not liable for any harm related to the theft of your Account Data.

You agree not to create more than one Account for yourself or to create an Account for anyone other than yourself.  You agree not to use any other person’s Account, username or password or to access or attempt to access another user’s Account, without the written consent of Hearing First.  You are responsible for the acts or omissions by third parties who are under your control for their use of the Community Services and for any damages incurred by you as a result thereof. 

Hearing First does not pre-screen or approve Profiles or Accounts and cannot guarantee that an Account was actually created and is being operated by the individual that is the subject of the Profile.  Hearing First may, but is under no obligation to, monitor a Member’s use of the Member’s Account and is not responsible for any Member Content or any use of the Community Services by Members, including any activity between Members (such as any disputes) and how any Member collects, handles, uses and/or shares any information, Member Content or Editorial Comments (defined below) that may be accessible to the Member through the Member’s use of the Community Services.  It is your responsibility to carefully consider what information, Member Content and Personal Member Content you make available to other Members or to the public through your use of the Community Services and the Site and your interaction with other Members. 

Hearing First Community General Conduct

The Community Services may only be used by you for personal, educational, non-commercial use and in connection with your participation in the Hearing First Community.  The Community Services are intended to foster communication and networking in furtherance of Hearing First’s mission and you are expected to use the Community Services in a manner that is reflective of the values of Hearing First and in keeping with these Terms and our Code of Conduct.  In addition to the other restrictions contained in these Terms, you may not post or otherwise use the Community Services to:

• advertise commercial services that you or any third party providers;
• engage in any activities that may be construed as violating anti-trust law or regulation;
• sell or transfer your Account or Profile;
• provide any false or misleading information about yourself or any other person or impersonate any person or entity including without limitation, one of Hearing First’s, its Affiliates’ or other’s officers or employees, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• compile e-mail addresses or other contact information of other Members for the purpose of sending unsolicited emails or other unsolicited communications that are not in accordance with the permitted uses of the Community Services.

Hearing First Editorial Comments

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the general operation and functionality of the Hearing First Offerings provided by you to Hearing First through service requests (“Editorial Comments”), are non-confidential and shall become the sole property of Hearing First.  Hearing First shall own the exclusive rights to the Editorial Comments including all intellectual property rights; and Hearing First shall be entitled to the unrestricted use and dissemination of these Editorial Comments for any purpose without acknowledgment or compensation to you.  Any reasonable request you make to republish your Editorial Comments will be granted.

Disclaimer

You acknowledge that the Offerings are provided “as is” for general information only and without warranties of any kind.  The Hearing First Offerings are not meant to be used to replace the services of qualified professionals including without limitation, medical or educational professionals.  While Hearing First endeavors to keep the Offerings current, information related to healthcare, education and other fields may change rapidly and the Offerings should not be relied upon to be fully comprehensive or error-free.  Hearing First does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the Offerings or by the companies or organizations linked or referred to in the Offerings.  The Offerings do not provide medical or educational advice or recommendations to individuals and you should not rely on the Offerings as a substitute for consultations with qualified professionals who are familiar with your or a family member’s questions or needs.  Hearing First encourages you to seek the guidance of qualified professionals for specific information and services. 

Hearing First does not endorse or otherwise verify the accuracy, truthfulness or reliability of any information provided in the Offerings unless it is provided by an authorized and designated Hearing First spokesperson.  The Offerings are managed, hosted and maintained by a variety of employees and consultants of Hearing First.  Such employees and consultants are generally not authorized Hearing First spokespersons, unless specifically designated as such, and their views or actions in managing, hosting and maintaining the Offerings do not necessarily reflect those of Hearing First.

In certain instances, particularly in the Hearing First Community, Hearing First permits third parties and Members to share their personal and/or professional stories, to facilitate learning experiences or to provide testimonials, photographs, videos, resources and other information.  Hearing First may from time to time post articles and other information provided by third parties and Members that might be of interest or benefit to the public.  You acknowledge that the opinions and recommendations of third parties and Members contained in the Offerings are not those of Hearing First or endorsed by Hearing First.  Hearing First does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the content contributed by third parties or Members and you rely on such content solely at your own risk. 

There is no warranty, representation or guarantee that the Offerings will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Offerings is free of viruses, worms, Trojan horses or other harmful components.  Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Offerings either in terms of their compatibility with hardware or other software, their reliability, timeliness, or otherwise; and you rely on the Offerings solely at your own risk. 

Any and all other representations and warranties including but not limited to any implied warranties of merchantability and/or fitness of the product for a particular use or purpose, quality, course of dealings, usage of trade, inaccuracy in content caused by our failure to perform with reasonable care, quiet enjoyment or non-infringement are hereby expressly disclaimed.

Hearing First makes no representation that it operates (or is legally permitted to operate) in all geographic areas.  Hearing First makes no representation that the Offerings are appropriate or available for use in all geographic locations and accessing the Offerings from territories where the content or the services of the site is illegal is expressly prohibited.  If you access the Offerings from any country other than the United States of America, you acknowledge that you are doing so on your own initiative and you are solely responsible for compliance with all applicable laws.

Disclaimer Regarding Translated Content

In addition to the general disclaimer provided under these Terms, Hearing First does not warrant the accuracy, reliability, or timeliness of any Offerings in languages other than English (“Translated Content”).  Any person or entity that relies on information obtained from Translated Content does so at his or her own risk.  Hearing First is not responsible for any damage or issues that may possibly result from using the Translated Content.  If any questions arise concerning the accuracy of the information presented in the Translated Content, please refer to the official English version of the website.

Links

Hearing First may provide links to other Internet sites or resources.  Hearing First likewise may permit others to post on certain public forums links to other Internet sites or resources.  The information provided to you in such links is provided solely for your interactive education and enjoyment.  The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by Hearing First.

Links to the Site are permitted by Hearing First.  You should be aware that links to the Site may be provided from other sites, either known or unknown to Hearing First, and some links to the Site may be unauthorized, and accessing any other site linked to or from the Site is done at your own risk.  Hearing First has not reviewed and is not responsible for the content of any third-party sites linked to or from the Site. 

If you choose to click on the links to any third party websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any third parties, you do so on your own initiative and you agree that Hearing First is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such third parties in conjunction with the Site.  In addition, upon clicking on a link to any third-party website, you will be subject to the terms, conditions and policies of that third party site.  We encourage you to read all applicable terms and conditions agreements and policies before using any third-party site. 

General Indemnification

You agree that you will hold harmless Hearing First, its Affiliates, and their respective officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the Hearing First Offerings and other sites to which the Offerings link.  If your use of the Offerings results in the need for servicing, repair of equipment or loss of data, you will assume any costs thereof.  Your indemnification of Hearing First includes, without limitation, any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Members and the infringement of intellectual property rights or other rights. 

Limitation of Liability

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL HEARING FIRST, ITS AFFILIATES, THE CONTRIBUTORS OF INFORMATION TO THE OFFERINGS OR OUR LICENSORS OR AUTHORIZED REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) ARISING OUT OF YOUR OR ANY UNRELATED PARTY’S USE OR INABILITY TO USE THE OFFERINGS OR YOUR OR ANY UNRELATED PARTY’S RELIANCE ON OR USE OF INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE INTERNET, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR OTHER DATA LOSS, ERRORS, DEFECTS, DELAYS IN OPERATION, SERVICE OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE OFFERINGS , EVEN IF WE, OR ANY OF OUR AUTHORIZED REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE REMEDIES STATED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HEARING FIRST’S OR ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER RELATED TO THE OFFERINGS SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO HEARING FIRST OR ITS AFFILIATES, AS THE CASE MAY BE.  YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO HEARING FIRST OR ITS AFFILIATES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY.  UNDER NO CIRCUMSTANCES, HOWEVER, SHALL HEARING FIRST’S OR ITS AFFILIATES’ LIABILITY TO YOU EXCEED $50.

Term & Termination

These Terms are effective from the date that you first access the Offerings and continue in effect until terminated in accordance with these Terms.

Hearing First may terminate your access to the Offerings or may deactivate your Account at any time in its sole discretion, without notice, for any or no reason.  In the case of the Community Services, such termination or deactivation may include revoking your access to the Community Services, removing your Profile from the Community Services so that it is no longer viewable by you or any other Member and removing your Member Content. 

Cause for such termination shall include, without limitation:  (i) breaches or violations of these Terms, including our Code of Conduct; (ii) requests by law enforcement or other government agencies; (iii) discontinuance of or material modification to the Offerings, including the Site, the Content, the Services, the Community Services or any part thereof; (iv) unexpected technical or security issues or problems; (v) fraudulent or illegal activities performed by or on behalf of you in connection with the Offerings; (vi) a request by you to terminate your access or a statement by you that you no longer agree to these Terms or our Code of Conduct; (vii) extended periods of inactivity or non-participation in the Community Services; and/or (viii) any other reason reasonably considered by Hearing First to be in its best interest.

You agree that any termination of your access to the Offerings (including your Profile, Account or Member Content in the Community Services) may be effected without prior notice and you acknowledge and agree that Hearing First may immediately deactivate or delete your Profile, Account or Member Content or bar any access to such information or content by you or others.  Hearing First shall not be obligated to return or provide copies of any information, files or content contained in your Profile, Account, Member Content or Editorial Comments.  You further agree that Hearing First shall not be liable to any third-party for any termination of your access to the Offerings (including your Profile, Account and Member Content in the Community Services).

Upon termination, Hearing First will have no further obligation or responsibility to you and you will have no further obligation or responsibility to Hearing First; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination.  Your obligations under these Terms, which by their nature are intended to survive termination (such as indemnification and limitations of liability) shall survive the termination of your access to the Offerings (including your Profile, Account and Member Content in the Community Services).

Hearing First retains the right to retain archival copies of all information related to your Account, Profile, Member Content and Editorial Comments and may use the information for whatever purposes we deem appropriate.

Deactivation of the Offerings

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Offerings, or any part or portion thereof, with or without notice to you.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Offerings, or any part or portion thereof.  Nothing in these Terms shall be construed to obligate Hearing First to maintain and support the Offerings, or any part or portion thereof, during the term of these Terms.

Digital Accessibility Policy

Hearing First is committed to ensuring that all individuals, with or without disabilities, have equal or equally effective access to web pages, web-based applications, and digital information and resources associated with Hearing First. Hearing First strives to satisfy the web content accessibility guidelines (WCAG) Version 2.1 AA and seeks to make updates and improvements with respect to accessibility on an ongoing basis. Hearing First welcomes your feedback regarding the accessibility of our Offerings. If you have any questions or feedback about the accessibility of our website or Offerings, please contact us at info@hearingfirst.org.

Notice of Claims of Intellectual Property Violations

The Offerings may include pictures, video, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties.  In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Hearing First does not permit the use of any Content or Member Content as part of the Offerings that infringes on the copyright or trademarks or rights of publicity of others, and Hearing First will take reasonable steps to remove any such Content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms.  In addition, Hearing First, in our sole discretion, may limit access to the Offerings and/or may terminate any Account used in connection with the infringement of any intellectual property rights, whether or not there is repeat infringement. 

If you believe that any of the Offerings or any content contributed by third parties or Members infringes your copyright or trademark rights or your rights of publicity, please provide Hearing First’s general counsel (whose contact information is provided below) with the following information:

• Contact information (such as an address, telephone number and/or electronic mail address) and a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Site, a representative list of such works, marks or publicity rights.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Hearing First to locate the material.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

An alleged infringer may provide counter-notice to Hearing First’s general counsel (whose contact information is provided below) that includes the following:

• Contact information (such as an address, telephone number and/or electronic mail address) and a physical or electronic signature of the person authorized to act on behalf of the counter-notifying party.
• Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• A statement that you consent to jurisdiction of the federal court in your district, or if you are outside of the United States, that you consent to jurisdiction in a federal court in any location where Hearing First is subject to jurisdiction, and that you will accept service of process from the person who provided Hearing First with notification or an agent of such person.

We suggest that you consult an attorney before sending us a notice or counter-notice of any claim of infringement of any copyright or trademark or right of publicity. Hearing First’s contact for the notice or counter-notice of any claim of infringement of any copyright or trademark or right of publicity is as follows:

Hearing First, LLC
Attn:  Albert Suh, Vice President, Administration and General Counsel
123 S. Broad Street, Suite 1500
Philadelphia, PA  19109
Email: info@hearingfirst.org

Please provide all of the information requested above.  No specific form is required to provide Hearing First with notifications of possible infringement or counter-notification.  However, it will take Hearing First longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.

Privacy

Hearing First understands that visitors accessing the Offerings may be concerned about the information that they may provide or that may be generated from their access of the Offerings  and may have questions about how Hearing First may use such information.  Protecting privacy is an important priority to Hearing First.  Our Privacy Policy governs the collection, use, retention and disclosure of personal information and aggregate information gathered from the visitors’ access of the Offerings.  By agreeing to these Terms, you are also accepting and agreeing to our Privacy Policy.

Equitable Remedies

You agree that, if the terms of these Terms are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to any breach(es), in addition to any other available remedies.

Governing Law; Venue; Statute of Limitations

These Terms are governed by the laws of the Commonwealth of Pennsylvania, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America.  Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Philadelphia County, Commonwealth of Pennsylvania.  You agree that any claim against Hearing First shall be brought within one year from when the claim arose regardless of the applicable statute of limitations, and any claims not brought within such period of time shall be deemed waived.

Dispute Resolution

In the event of any dispute arising out of these Terms, you and Hearing First each agree to use good faith efforts to resolve our differences amicably.  In the event those efforts are unsuccessful, you and Hearing First agree not to commence litigation until attempting to resolve our dispute through mediation.  Either you or Hearing First may initiate the mediation process with thirty (30) days’ prior written notice to the other.  The dispute shall be submitted to mediation in Pennsylvania, U.S.A.  Costs of mediation shall be borne equally by both you and Hearing First.  Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and Hearing First agree to extend the time by mutual agreement or unless the mediator declares you and Hearing First to be at an impasse.  Notwithstanding the above, in the event that Hearing First believes that immediate injunctive relief is required to protect its rights, Hearing First  may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.

Miscellaneous

You agree that no joint venture, partnership, employment or agency relationship exists between you and Hearing First as a result of these Terms or your use of the Offerings.

If any provision of these Terms is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms.

Failure by us to enforce any particular term of these Terms shall not be construed as a waiver of any of our rights hereunder.

These Terms have been written in the English language and the English language shall control.  These Terms, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America.  You waive any right that you may have under local law to receive these Terms in any language other than English.

These Terms (and each supplemental agreement referenced in or referencing these Terms found on the Site) constitutes the entire agreement between you and Hearing First with respect to the Offerings.

Contact Information

If you have any questions regarding these Terms, you may contact Hearing First by mail or email as follows:

Hearing First, LLC
123 S. Broad Street, Suite 1500
Philadelphia, PA  19109
Email:  info@hearingfirst.org

  

HOW TO USE HEARING FIRST RESOURCES

Hearing First has created all of our website content, videos and resources with the goal that if you find them valuable, you will use, share and refer to them regularly for personal and educational purposes. You may view, print, download or share any of our materials and we hope that you will do so.

If you are a parent of a child who is deaf or hard of hearing, consider sharing our videos, handouts and other materials with your family members and friends or with professionals who are on your child’s LSL Team.  Professionals, you may want to use our materials as client handouts during a session, link to them in your next professional presentation, share them with your colleagues for discussion or refer to them during your next learning experience.  However you choose to use our materials, we ask that you adhere to our guidelines.

To share videos, resources or links, follow these three easy steps:

• Share the materials in their entirety with no alterations to the content and including any copyright notices and Hearing First logos that appear on the originals.
• If you are embedding the materials within a document, article, presentation, etc., credit Hearing First as the owner and refer the audience to visit www.hearingfirst.org for more information.
• If you are linking to the Hearing First website, you may include up to two paragraphs of content from the page, article or resource you are linking to for purposes of describing the materials.

If you wish to use Hearing First materials in a non-educational context or as part of a project that would require their alteration, or if you wish to use our logo on its own and separate from our materials, you must first obtain our written permission.  Contact us at info@hearingfirst.org and include the following information.  We will be happy to help you! 

• Your name, company name (if applicable), email address and phone number
• Details of how you plan to use the information or logo

We love to hear from you! If you have ideas about other content that you feel Hearing First could develop or if you would like to play a role in helping us develop materials, please send your comments to info@hearingfirst.org.

HEARING FIRST COMMUNITY CODE OF CONDUCT

The Hearing First Community is a place to connect, share information, seek support and learn from each other to improve LSL practice and outcomes for children who are deaf or hard of hearing. To ensure the dialogue remains supportive, relevant and engaging for everyone, all Community members are expected to observe these principles. 

We ...

• support each other best when we know where you are. We’re all on the LSL journey and have our own story to share. Members connect best with one another when we share our stories - successes, frustrations, celebrations, trials, and all. There is always someone who can benefit from hearing your personal story.
• share to our comfort levels and that’s okay. Every member determines their level of comfort with sharing information online. Some of us will share photos, some will share stories, and some will listen in. All journeys are welcome because they are shared.
• connect by asking, not by telling. We’ll be asking each other many questions and sharing many requests for support. The best response is to be present, ask questions and share your approach or ideas, rather than dictating what is right.
• comment respectfully. We understand that every individual feels strongly about how to best support infants and children who are deaf or hard of hearing, and we expect members to comment thoughtfully and with respect throughout the Community.
• honor everyone’s story and value privacy. This space is safe for all of us to ask questions and share takeaways from the LSL journeys that we’re on. We respect our Community members’ privacy and expect our members to ensure individual information belonging to members, their families or the children and families they work with remains private and that personally identifiable information is not shared. You can find more information at HIPAA and FERPA.
• honor and respect each other’s contributions and original works. We celebrate, acknowledge and respect the intellectual property of others and the copyright of materials. Fair use allows the posting of small excerpts or a web link to the full article. We expect that members of our Community either own the copyright or trademark in the materials they are positing or have obtained the owner’s permission to post them.
• let each other know when they have helped. If you received the information you needed or learned something new, please share this with the Community. Knowing you made a difference makes participating more fun.
• recognize we each have our own opinions. The comments and opinions of each Community member are not necessarily comments and opinions shared by Hearing First or other Community members.  We respect our right to differ in our thoughts and opinions and to engage in open discussions of differing viewpoints.
• agree that our interactions are members of a Community and not contractual services. We will seek individual services and consultations from our own healthcare and educational professionals who are familiar with our personal needs and we will not rely on statement by Hearing First or Community members as a substitute for individual care in our community.   

Moderation Aims

Our Community guidelines aim to ensure our Community is inclusive and inviting. Our moderators apply the above principles when reviewing your comments: In addition, our moderators will ensure that user comments are relevant and appropriate to the conversation, and may take any steps they deem necessary to ensure content meets the Community’s comment moderation policy.

Comment Moderation Policy

Postings may be edited or deleted for a variety of reasons including space or clarity; to remove offensive, threatening or unlawful content; to avoid repetition; or if the post violates our Terms of User or our Privacy Policy. You will not be directly contacted if your post has been edited, rejected or deleted.

Contributors may not submit content that is threatening, abusive, defamatory, indecent, menacing, harassing, offensive, infringes any person’s intellectual property rights, including copyright, impersonates anyone, misrepresents a relationship with any person or organization, encourages others to commit unlawful acts, is unlawful in any way or otherwise violates our Terms of Use or our Privacy Policy. It is in your best interests, as well as ours, to ensure that all content is lawful and in accordance with this Code of Conduct.

Queries or comments about moderation will not be published. The moderator’s decision is final and no correspondence will be entered into. Abusive posts will be deleted, as will posts asking ‘why was my post deleted?’

If you have any concerns about content posted in the community, you may contact the Community Leader at info@hearingfirst.org.

PRIVACY POLICY

Hearing First, LLC
Last updated: May 15, 2024

Hearing First, LLC and its parent organization Oberkotter Foundation (collectively, “we” or “us”) are committed to protecting your privacy. This privacy policy (“Policy”) describes how we collect, use, and otherwise process your personal information.

This Policy is incorporated into and made part of our Terms and Conditions. Please read our Terms and Conditions, and this Policy carefully. It is your choice whether or not to provide personal information to us. If you choose to do so, you are giving us your express consent to use, process, and disclose your personal information as set forth in this Policy. If you choose not to provide your personal information to us, you may not be able to use the full extent of our Websites and Services. 

As part of our commitment to our community, we updated our Privacy Policy and Terms of Use on May 15, 2024. By using our website and services after such date, you will be agreeing to these updates. These updates are intended to clarify and provide transparency regarding our data processing activities, in line with an evolving privacy landscape. We hope these updates will allow our users to make informed decisions about their personal data. Please review the complete text of our Privacy Policy and Terms of Use to learn more about how we process personal data and your rights regarding such processing.

1. Scope of this Policy

This Policy is intended to describe how we process personal information relating to:

• the use of our websites that link to this Policy, including https://www.hearingfirst.org/, https://www.startshear.org/, https://oberkotterfoundation.org/ (“Websites”),
• the access to and use of our content, services, workshops, professional conferences, and community groups, (collectively, the “Services”), and
• when you communicate with us electronically, including via email, messaging, and social media platforms.

This Policy does not apply to information that we collect from our employee and non-employee workers, job applicants, job candidates, or independent contractors, or information we collect through any other means not listed above.

In this Policy, “personal information” means information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identified such as a name, an identification number, location data, and online identified or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural, or social identity. Personal information does not include aggregate information or de-identified information, meaning that the information can no longer be attributed to an identifiable natural person without the use of additional information.

Personal information is required for us to be able to provide certain features of our Websites and Services to you. In addition, some of the services we provide require that we disclose your personal information to third parties, such as to service providers that help us to provide those services. If you are not willing to provide your personal information and have it disclosed to third parties in accordance with this Policy, you may not be able to use certain features of our Websites or Services.

Our Websites and Services may contain links that enable you to share content on social media, links to other websites, and link to third-party apps that do not operate under this Policy. These third-party services, websites, and apps may independently solicit and collect personal information from you. We encourage you to review the privacy statements of all third-party websites you visit to understand their privacy practices.

While we strongly support the protection of privacy on the Internet, we do not have control over, and cannot be responsible for, the actions of other third parties. We encourage you to review each such third party’s privacy statement and other otherwise understand its privacy practices, before providing personal information directly to it.

2. Personal Information We Collect and How We Collect It

We collect personal information from and about users of our Websites and Services. You provide some of this information directly, such as when you complete an online forms or contact us. We also may collect some of your information, such as your IP address, automatically when you visit and use our Websites and Services. We also may collect your personal information from third-party partners.

We collect the following information:

• Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers.
• Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, year and month of birth, gender, marital status, physical characteristics or description, address, telephone number, education, employment, employment history, the anticipated due date of your baby, ages of your children, and other family information.
• Professional or employment-related information, including memberships, certificates earned, degrees received, and continuing education credit information.
• Any personal information that users may include in their comments and replies that they post on the Websites and Services and social media platforms.

We may use various technologies to automatically collect information from your computer or device and about your activities on our Websites and Services.

The technologies we may use for automatic information collection include:

• Meta Pixel. We use the Meta pixel, which is an analytics tool that allows us to measure the effectiveness of our advertising by understanding the actions people take on the Website. We have a pixel code on the header of the Website. When someone visits the Website and takes an action (like completing a form), the pixel is triggered and reports this action. By accepting this Policy, you consent to the processing of your data by Meta.
• Google Analytics. We may use Google Analytics provided by Google Inc. Google Analytics uses cookies to collect the information identified above, for example, information about the operating system and the browser that you use, your IP address, the website you previously accessed (referrer URL) and the date and time of your visit to the Website. On subsequent repeated visits to the Website, frequently used information is automatically displayed for you. We are able to track your usage patterns with the help of the cookies. The information generated by cookies about the use of the Website is transmitted to a Google server, which may be located within or outside of, the United States, and stored there. Google will use this information to evaluate your use of the Websites and Services. Google may transfer these rights to third parties insofar as it is required to do so by law or in order that data may be processed on Google’s behalf. By accepting this policy, you consent to the processing of your data by Google. You can learn about how Google Analytics collects and processes data here.
• Session Replay Tools. We may use session replay tools provided by third parties that record your session on the Websites and Services, including mouse and cursor movements, clicks, scrolling, and the information you may enter into forms or otherwise submit to us via the Websites and Services. We use these tools to analyze and improve the user experience. By using our Websites and Services, you consent to the collection, sharing, and processing of this information by and with our third party session replay service providers.
• Cookies. When you visit our Websites and Services, we may assign your device one or more cookies to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies please note that you may not be able to sign in or use some of the interactive features offered on our Websites and Services. A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising. You may delete or decline cookies by changing your browser settings (click “Help” in the toolbar of most browsers for instructions). If you do so, some of the features and services of our Websites and Services may not function properly.

3. How We Use Personal Information

While the purposes for which we may process personal data will vary depending upon the circumstances, in general we use personal information for the purposes set forth below.

We may use information that we collect about you to:

• deliver the services or information that you have requested
• perform research and analysis about your use of, or interest in, our Websites and Services
• for service administration where we need to contact you for reasons related to our Websites and Services (for example, contact you in response to your requests, comments, and questions)
• enforce our terms and conditions
• manage our business and perform functions as otherwise described to you at the time of collection
• advertising, marketing and promotional purposes including to reach you with more relevant ads and to evaluate, measure and improve the effectiveness of our ad campaigns; to send you newsletters, offers or other information we think may interest you; to contact you about our services or information we think may interest you; and to administer promotions and contests
• protect against or identify possible fraud
• helping to ensure security and integrity
• for legal compliance purposes

We may de-identify personal information and create anonymous and aggregated data sets and reports in order to assess, improve and develop our business, products and services, and for other research, marketing and analytics purposes.

4. Sharing of Personal Information

As discussed more fully below, we share your personal information as necessary to provide the services you request, including sharing information with service providers; when required by law; to protect rights and safety, and with your consent.

We may share personal information with:

• Our service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include customer relationship management software; website hosting; web forms for questionnaires; email marketing vendors; providing customer service; performing business and operations analysis; and supporting our Websites and Services. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.

Other situations: We also may disclose your information:

• In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
• When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our terms and conditions or other agreements or policies.
• In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
• When you provide us with your consent to share your information with third parties.

Third-Party Privacy Policies: Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.

5. Your Privacy Rights and Choices

A. How You Can Access, Amend, and Request Deletion of Your Information

You may request to review, update, amend, have deleted, or otherwise access your personal information that we collected or otherwise maintain subject to certain limitations under applicable laws. You may submit a request to us by using the contact information provided at the end of this Policy.

We will respond to your request as soon as practicable for us and in the timeframes provided under the applicable privacy laws.

B. Your Choices About Collection and Use of Your Information

You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Websites and Services because such information may be required in order for you to participate in a survey, receive a gift card subject to eligibility, or ask us questions.

C. Opt-Out

You may be given a choice as to whether you want to receive marketing or promotional e-mails or newsletters from us. At any time you can choose to no longer receive marketing or promotional emails or newsletters from us by modifying your email preferences by selecting the “Opt-Out” link found in the footer of the communication. You may modify your choice at any time by using the “Opt-Out” link as described above. It may take up to 10 business days for us to process an opt-out request. Please note that opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third party before you have changed your preferences or updated your information, you may have to change your preferences directly with that third party.

Even if you opt-out of receiving marketing or promotional communications, you may continue to receive other types of transactional and relationship e-mail communications, such as sending you a survey you have elected to participate in.

6. Data Retention

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Policy, and will delete information relating to a personal user account when the user deletes their account, unless a longer retention period is required or permitted by law or defined in an agreement. We may retain personal information for longer where required by our regulatory obligations or professional indemnity obligations, or where we believe it is necessary to establish, defend or protect our legal rights and interests or those of others.

We will also retain usage data for internal analysis, to strengthen the security, or to improve the functionality of our Websites and Services.

7. Children’s Personal Information

Our Websites and Services are not directed at children under the age of 18, and we do not knowingly collect personal information from children under the age of 18. If you are under the age of 18, you may not use our Websites and Services or provide your information to us through the Websites and Services or otherwise. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy.

8. Security

While we are focused on the security of your personal information and follow standards, processes and procedures that are designed to protect your personal information, you must remember that the Internet is a global communications vehicle open to threats, viruses and intrusions from others and so we cannot promise, and you should not expect, that we will be able to protect your personal information at all times and in all circumstances.

You should also take care with how you handle and disclose your personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission’s website at https://www.ftc.gov for information about how to protect yourself against identity theft.

9. No Rights of Third Parties

This Policy does not create rights enforceable by third parties.

10. Changes to this Policy

We may modify this Policy from time to time and will notify you of any updates to our Policy by posting the revised Policy on our Websites and Services. The last updated date set forth at the top indicates the last time we revised this Policy. We encourage you to review the Policy each time you visit our Websites and Services to see if this Policy has been updated since your last visit.

11. Contact Us

If you have any questions about this Policy or our privacy practices, please contact us by e-mail or postal mail as follows:

Hearing First, LLC
Attn: Albert Suh, Vice President, Administration and General Counsel
123 S. Broad Street, Suite 1500
Philadelphia, PA 19109
Email: info@hearingfirst.org