Terms
TERMS OF USE

Please carefully read these Terms of Use.

By using this Site, you signify your assent to these Terms of Use. If you do not agree to all of these Terms of Use, do not use this Site.

These Terms of Use describe rules for visitors to this website, esteemhearing.com (the “Site”). The Site is owned and operated by Envoy Medical Corporation, a Minnesota corporation (“Envoy”). There are other websites that Envoy operates or may operate, but these Terms of Use do not apply to those other websites. You should always carefully review the terms of use and privacy policy of any website that you visit as they may materially differ.

Envoy may change the Terms of Use for this Site from time to time, so you should review the Terms of Use each time you visit the Site. These Terms of Use are current as of September 1, 2014.

IF YOU ARE OR THINK YOU MAY BE EXPERIENCING A MEDICAL EMERGENCY, CALL 911, YOUR LOCAL EMERGENCY ASSISTANCE NUMBER, AND/OR YOUR DOCTOR IMMEDIATELY.

MEDICAL ADVICE DISCLAIMER:

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE.

Nothing within this site is intended to be the practice of medicine, medical advice, diagnosis or treatment, or the creation of a physician patient or clinical relationship.

The contents of the Site, such as text, graphics, images, videos, animation and other material (“Content”) are for general educational and informational purposes only. The Content is in no way intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician or other qualified healthcare provider with questions you may have regarding a medical condition. You should never disregard professional medical advice or delay in seeking professional medical advice because of something you have read or heard on this Site.

Nothing within this Site is intended as an endorsement, recommendation, certification, or sponsorship of any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Site.

INTENDED AUDIENCE IS WITHIN THE UNITED STATES:

This Site is intended for the United States audience. Certain information contained in this Site is about Envoy products that have been approved for use within the United States. There may be information within this Site that is about Envoy products that have not been approved for use or distribution in other countries. If you live outside of the United States, you should contact Envoy for more information about the availability of information specific to your country.

ENVOY COPYRIGHTS AND TRADEMARKS:

The Content on this Site belongs to or is licensed to Envoy. You should assume that all Content is copyrighted and therefore protected under United States and foreign copyrights laws. There may be serious legal implications about the improper use or copying of the Content. Envoy expressly authorizes you to view, email, download, or print a single copy of the Content on this Site, but only for your personal, noncommercial use. When you email, download, or print a copy of the materials on this Site, you must also include all copyright and other notices that apply to or are contained in the Content, including the following copyright notice: “Copyright © 2014 Envoy Medical Corporation. All Rights Reserved.”

Envoy also owns certain trademarks for its goods and services, and these trademarks are protected by United States and foreign trademark laws. A ® following a name or phrase on this Site indicates that the trademark has been registered in the United States. A TM following a name or phrase on this site indicates that it is an unregistered trademark. All trademarks are property of their respective owners. No use of any trademark may be made without our prior written authorization, except to identify the product or services of Envoy.

If you use any of the Content or trademarks on this Site in a way that is not expressly permitted by these Terms of Use, you are violating your agreement with Envoy and may be violating copyright, trademark, and other laws. If you violate any of these Terms of Use, Envoy automatically revokes your permission to use this Site and you must immediately destroy any copies you have made of any portion of the Content. Title to the materials remains with Envoy or with the authors of the materials contained on this Site. All rights that have not been expressly granted are reserved for Envoy.

LINK TO THIS SITE:

You may link to this Site provided that (i) the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious, (ii) the link does not state or imply any endorsement or sponsorship of you, your company, or your website by Envoy, and (iii) the link will be text-only and will not include any logo or intellectual property of Envoy. The ability to link to this Site may be revoked at any time, from anyone, and for any reason. You agree that if Envoy so requests you will immediately remove and disable any and all of your links to this Site.

You may not, under any circumstances, “frame” or “scrape” or incorporate into another website this Site or any of the Content.

THIRD-PARTY WEBSITES:

This Site may contain links to websites not operated, reviewed, controlled, or monitored by Envoy. These links have been provided solely for your convenience. These websites may contain information about uses of Envoy products that have not been evaluated and/or approved in the United States. There is no way for us to control this type of information. We do not endorse or condone this type of information. Envoy is not responsible for the content or accuracy of information contained on other websites.

YOUR COMMUNICATIONS:

Any communication or material that you transmit or submit through this Site, including but not limited to your ideas, comments, testimonials, and feedback, will be considered and treated as, non-confidential, non-personal, and non-proprietary (other than personal information, as that term is defined in the Privacy Policy). If you transmit or submit any ideas, information, concepts, know-how or techniques or materials to us through this website, you hereby grant Envoy a royalty-free, unrestricted, irrevocable license to use, display, reproduce, transmit, modify, perform, and distribute them in any medium, and agree that Envoy is free to use them for any purpose.

CALIFORNIA “DO NOT TRACK” DISCLOSURES:

California law (CalOPPA) requires Envoy to let you know how Envoy responds to web browser “Do Not Track (DNT) signals.” Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, Envoy does not honor Do Not Track requests at this time.

NO WARRANTIES:

ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. ENVOY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ENVOY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE.

ENVOY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

THERE ARE SOME STATES THAT DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY:

YOU AGREE THAT NEITHER ENVOY NOR ANY PERSON OR COMPANY ASSOCIATED WITH ENVOY SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR THE MATERIALS ON THIS SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ENVOY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS. THIS PROTECTION COVERS ALL LOSSES INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL LIABILITY OF ENVOY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $500.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL ENVOY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SITE OR MATERIALS ARE EXCLUDED EVEN IF ENVOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TAX ADVICE DISCLAIMER:

UNDER APPLICABLE U.S. TREASURY REGULATIONS, WE ARE REQUIRED TO INFORM YOU THAT ANY U.S. TAX ADVICE CONTAINED IN THIS SITE IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, EITHER (I) FOR PURPOSES OF AVOIDING PENALTIES IMPOSED UNDER THE U.S. INTERNAL REVENUE CODE, OR (II) FOR PROMOTING, MARKETING, OR RECOMMENDING TO ANOTHER PARTY ANY TAX RELATED MATTER ADDRESSED HEREIN.

FORWARD LOOKING STATEMENTS:

THE INFORMATION CONTAINED IN THIS SITE MAY CONTAIN VARIOUS FORWARD-LOOKING STATEMENTS, WHICH MAY BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY, SUCH AS “MAY,” “EXPECT,” “GOAL,” “ESTIMATE,” “CONTINUE,” OR OTHER COMPARABLE TERMINOLOGY. SUCH STATEMENTS ARE SUBJECT TO CERTAIN RISKS AND UNCERTAINTIES RELATING TO ENVOY’S FUTURE PERFORMANCE. ACTUAL RESULTS OR EVENTS MAY MATERIALLY DIFFER FROM THOSE INDICATED IN SUCH FORWARD-LOOKING STATEMENTS. IN EVALUATING SUCH STATEMENTS, PROSPECTIVE INVESTORS ARE CAUTIONED NOT TO PLACE UNDUE RELIANCE ON SUCH FORWARD-LOOKING STATEMENTS AND ARE SPECIFICALLY DIRECTED TO CONSIDER THE RISKS AND UNCERTAINTIES, INCLUDING, WITHOUT LIMITATION, RISKS AND UNCERTAINTIES OF RESEARCH AND DEVELOPMENT, CLINICAL DEVELOPMENT, REGULATORY APPROVALS, AND THE REGULATORY PROCESS, ENVOY’S RELIANCE ON THIRD PARTY MANUFACTURERS, PRODUCT COMMERCIALIZATION, COMPETITION, PATENTS, PRODUCT LIABILITY, THIRD PARTY REIMBURSEMENT, AND OTHER RISKS AND UNCERTAINTIES DETAILED FROM TIME TO TIME IN OUR PERIODIC REPORTS OR MEMORANDA WHICH COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THOSE INDICATED IN SUCH FORWARD-LOOKING STATEMENTS. UNANTICIPATED EVENTS AND CIRCUMSTANCES ARE ALSO LIKELY TO OCCUR.

MISCELLANEOUS TERMS OF USE.

THE INFORMATION CONTAINED IN THIS SITE MAY CONTAIN VARIOUS FORWARD-LOOKING STATEMENTS, WHICH MAY BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY, SUCH AS “MAY,” “EXPECT,” “GOAL,” “ESTIMATE,” “CONTINUE,” OR OTHER COMPARABLE TERMINOLOGY. SUCH STATEMENTS ARE SUBJECT TO CERTAIN RISKS AND UNCERTAINTIES RELATING TO ENVOY’S FUTURE PERFORMANCE. ACTUAL RESULTS OR EVENTS MAY MATERIALLY DIFFER FROM THOSE INDICATED IN SUCH FORWARD-LOOKING STATEMENTS. IN EVALUATING SUCH STATEMENTS, PROSPECTIVE INVESTORS ARE CAUTIONED NOT TO PLACE UNDUE RELIANCE ON SUCH FORWARD-LOOKING STATEMENTS AND ARE SPECIFICALLY DIRECTED TO CONSIDER THE RISKS AND UNCERTAINTIES, INCLUDING, WITHOUT LIMITATION, RISKS AND UNCERTAINTIES OF RESEARCH AND DEVELOPMENT, CLINICAL DEVELOPMENT, REGULATORY APPROVALS, AND THE REGULATORY PROCESS, ENVOY’S RELIANCE ON THIRD PARTY MANUFACTURERS, PRODUCT COMMERCIALIZATION, COMPETITION, PATENTS, PRODUCT LIABILITY, THIRD PARTY REIMBURSEMENT, AND OTHER RISKS AND UNCERTAINTIES DETAILED FROM TIME TO TIME IN OUR PERIODIC REPORTS OR MEMORANDA WHICH COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THOSE INDICATED IN SUCH FORWARD-LOOKING STATEMENTS. UNANTICIPATED EVENTS AND CIRCUMSTANCES ARE ALSO LIKELY TO OCCUR.

QUESTIONS, COMMENTS, AND NOTICES.

Envoy may deliver notice to you by email, a general notice on this Site, or by written communication delivered to your address on record with Envoy. You may deliver notice to Envoy by using one of the methods on the Contact Us page.