A. Agreement between user and e3 Diagnostics
B. User information
- “e3 Diagnostics” and/or “the Company” means e3 Diagnostics, an Illinois incorporated company, and having its registered address at 3333 N Kennicott Ave, Arlington Heights, Illinois, 60004.
- e3 Diagnostics operates in different regions under the following names, which are wholly owned by e3 Diagnostics: New England Sales and Service, Burke Special Products, AudioMedtric Technology, Northeastern Technologies Group, Midlantic Technologies Group, Kimmetrics Sales and Service/Biocoustics Instruments (Kimmetrics-Biocoustics), Carolinas Sales and Service, Tele-Acoustics Charlotte, Med-Acoustics, Tele-Acoustics Florida, Acousti-cal, Gordon N. Stowe and Associates (Gordon Stowe), AIC-Medical, Texas Special Instruments, MSR West, Electro Acoustic Company, Sonic Medical Devices, Health Care Instruments (HCI), and Audiometrics California. All trademarks are registered, and maintained by e3 Diagnostics.
- We may request, in order for you to use certain areas of this Website that you register, create a user or member name, create a password, or otherwise log in with your e-mail address or with a user or member name which you select. In the event that your use of or participation in any portion of this Website requires that you register, create a user or member name, create a password, or otherwise log in with your e-mail address, you agree that:
a) You shall not (i) select or use a user or member name or e-mail address of another person with the intent to impersonate that person; (ii) use, without authorization, a user or member name or e-mail address which belongs to anyone other than you or which is subject to the rights of any person other than you; (iii) use a user or member name in violation of the intellectual property rights of any person; or (iv) use a user or member name that the Company, in its sole discretion, deems offensive; and
C. Agreement not transferable
b) You shall take any and all actions necessary to maintain the privacy of your password.
D. Use of bulletin boards, chatrooms, and other communication forums
E. Disclaimer of warranties and limitation of liability
- You agree not to upload, post, or otherwise make available any material protected by copyright, trademark, or other proprietary right on this Website, without the express permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining that any material is not protected by copyright, trademark or other proprietary right rests on you. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any uploading, posting, or submission.
- You agree not to upload files to this Website that contain viruses, corrupted files, or other similar software or programs that may damage the operation of another person's computers, software, websites, or network. You will be solely responsible for damages arising from any claims that files posted by you caused damage to the operation of another person's computer, software, websites, or network.
- Use at own risk. You agree that use of this website is at your own risk. e3 Diagnostics does not make any warranty as to the results that may be obtained from use of this website or as to the accuracy, reliability or contents of any information provided through this website.
- Warranty disclaimer. The contents of this website are provided by e3 Diagnostics as a service. This website does not contain all information that may be relevant to hearing and balance diagnostic testing equipment. All content provided on this website is only general information regarding hearing and balance diagnostic testing equipment, and is intended for educational information purposes only. Contents provided on this website may include information related to certain ailments, physical conditions, and their treatment. Any such information should not, and are not intended as, and cannot provide either a diagnosis of a specific problem or condition, or a specific recommendation of the appropriate treatment. Contents provided on this website should not be used as a substitute for seeking professional hearing care or other care. All specific questions you may have about your condition, treatment, care or diagnosis should be presented to your own professional physician or other professional healthcare provider. e3 Diagnostics is not liable for any personal injury, including death, caused by your reliance on, or your use or misuse of any information presented or contained on this website.
Except if expressed and unambiguously stated otherwise, e3 Diagnostics does not in any way endorse, operate, control or assume responsibility for any information regarding any products or services offered or provided by any third party, which or who may be listed on or linked to this website including any hearing care center, or service provider, which or who may be listed on or linked to this website.
This website may include contents provided by third parties and users. For any and all such contents, the Company is a distributor and not a publisher. The Company has no more editorial control over such contents than does a public library or newsstand. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties (including hearing care centers, and other professional hearing care service providers and other merchants and licensors) are those of the respective authors or distributors of such contents and not of e3 Diagnostics. The Company makes no warranty as to the completeness, accuracy, currency, or reliability of information published by third parties and users on this website.
When using this website, information will be transmitted over a medium, which is beyond e3 Diagnostics' control and jurisdiction. Accordingly, the Company assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of this website. The Company expressly disclaims any warranty that the services or contents provided by or on this website will be uninterrupted as to the results obtained from use of the services or contents. The services and contents are distributed on an "as is, as available" basis, and e3 Diagnostics makes no warranties of any kind, either express or implied, including without limitation warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
By using this website, you acknowledge that your use of this website is at your own risk, that you assume full responsibility for all risk associated with your use of this website, including without limitation responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website.
- Linked websites. e3 Diagnostics does not endorse, warrant or guarantee any product or service offered by a third party through this website and will not be a party to or in any way monitor any transaction between you and any third-party provider or products or services.
G. Links to third-party sites
H. Copyright and limitations on use
- This Website may contain links to other web sites operated by parties other than e3 Diagnostics. Such links are provided for your reference only. The Company is not responsible for the availability of these external sites nor is it responsible for any of the content, advertising, products, or other materials on such external sites. Any concerns regarding any external link should be directed to its respective web site operator.
- The Content made available through this Website by e3 Diagnostics is the property of e3 Diagnostics and/or the appropriate manufacturer, and is protected by copyright and other applicable laws. The Company reserves all rights. Information received through this Website may be displayed, reformatted, and printed for your personal, non-commercial use only if you include the following copyright notice: “Copyright 2013-2015 e3 Diagnostics. All rights reserved.” and any and all other copyright and proprietary rights notices which were contained in the Content. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through this Website to anyone, including but not limited to others in the same company or organization, without the express prior written consent of e3 Diagnostics.
- You expressly grant to e3 Diagnostics the royalty free, perpetual, irrevocable, non-exclusive, world-wide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and sublicense any message posted in, on, or through this Website (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
- “e3 Diagnostics” is a trademark of e3 Diagnostics. All rights reserved. All other trademarks, and/or copyrights appearing on this Website, are the property of their respective owners, including, in some instances, e3 Diagnostics. Reproduction, in whole or in part, is prohibited without express prior written permission.
K. Governing law
- You agree that any link from a website that you own, control, or author in part or in full, to this Website shall be exclusively to www.e3diagnostics.com and to no other web page within this Website. You agree that you shall make no link from a website that you own, control, or author in part or in full, if that website contains any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, reflects negatively on e3 Diagnostics, or is otherwise objectionable, gives rise to civil liability, or otherwise violates any law, or that encourages conduct that would constitute a criminal offence.