A. Agreement between user and Bernafon

1. "Bernafon" means Bernafon AG, a limited liability company, registered in Bern under registration No. CH- and having its registered address at Morgenstrasse 131a, CH-3018 Bern, Switzerland or any corporation or other entity controlled by Bernafon AG or affiliated to Bernafon AG.

2. Bernafon offers you access to this Website only if you agree to all of the terms, conditions, and notices contained in these Terms of Use. By using this Website, you are agreeing to all of those terms, conditions, and notices.

3. As used in these Terms of Use, the term "this Website" includes our home page located at www.bernafon.com and all other web pages which (1) we own, (2) we control, directly or indirectly, and (3) are linked, directly or indirectly, to this home page. The term "this Website" also includes all Website products and services, for example bulletin boards and chat rooms. "Content" is any and all text, graphics, or other multimedia material within the body of any web page that is part of this Website.

B. User information

1. 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 email 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 email address, you agree that:
You shall not (i) select or use a user or member name or email address of another person with the intent to impersonate that person; (ii) use, without authorisation, a user or member name or email 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 Bernafon, in its sole discretion, deems offensive; and
You shall take any and all actions necessary to maintain the privacy of your password.

C. Agreement not transferable

1. You acknowledge that the right to use this Website and any other product or service offered by Bernafon, is personal to you and is not transferable by assignment, sublicense, or any other method to any other person or entity, except upon the express written consent of Bernafon. Any attempt to transfer your rights under these Terms of Use without the express written consent of Bernafon is void and shall constitute a breach of these Terms of Use. Bernafon will not assign or transfer its rights under these Terms of Use without your consent.

D. Disclaimer of warranties and limitation of liability

1. Use at own risk. You agree that use of this website is at your own risk. Bernafon 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.

2. Warranty disclaimer. The contents of this website are provided by Bernafon as a service. This website does not contain all information that may be relevant to hearing loss issues in general or to your or any other individual's situation in particular. All contents provided on this website are only general information regarding hearing loss issues and are intended only to facilitate communication between you and your hearing care or other professional healthcare provider. Contents provided on this website 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 hearing loss condition, treatment, care or diagnosis should be presented to your own professional hearing care or other professional healthcare provider. Bernafon 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, Bernafon does not in any way endorse, operate, control or assume responsibility for any information regarding any 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.
Bernafon makes no warranty as to the completeness, accuracy, currency, or reliability of information published by Bernafon on this website.
When using this website information will be transmitted over a medium, which is beyond Bernafon's control and jurisdiction. Accordingly, Bernafon 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. Bernafon 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 Bernafon 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.

3. Disclaimer of damages. In no event shall Bernafon be liable to you for any special, collateral, direct, indirect, exemplary, incidental or consequential damages, including but not limited to loss of goodwill, loss of profits or loss or use (1) for breach of any of the provisions of these terms of use, (2) arising out of the inability to use this website, (3) arising out of the breach of any warranty by Bernafon, or (4) your failure to abide by the terms of these terms of use. This limitation on Bernafon's liabilities shall be in full force regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if Bernafon had previously been advised of the possibility of such damages. You hereby acknowledge that the provisions of this section shall apply to all contents on this website and the forums. The aggregate liability of Bernafon to you arising directly or indirectly out of and with respect to these terms of use shall not exceed an amount equal to any money paid by you to Bernafon for or from the use of this website.

4. Linked websites. Bernafon 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.

E. Links to third-party sites

1. This Website may contain links to other web sites operated by parties other than Bernafon. Such links are provided for your reference only. Bernafon 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.

F. Privacy

1. Bernafon respects the privacy of visitors to this Website. Bernafon will only collect personally identifiable data, such as your name, address, telephone number, or e-mail address, when it is voluntarily submitted to Bernafon at this Website. Bernafon may use this information to comply with your request for information or as otherwise disclosed to you at the specific location at which you submit your information. From time to time, Bernafon may consider the information to better understand your needs and how Bernafon can improve the quality of this Website and Bernafon may use the information to contact you.

2. This Website also uses information to track the total number of visitors to this Website, the total number of visitors to each page of this Website, and the domain names and country of origin of our visitors or their internet service providers. Normally no personally identifiable information is available in this process.

3. This Website is not intended or designed to attract children under the age of 13. Bernafon does not collect personally identifiable data from any person Bernafon knows to be under the age of 13.

4. The privacy policies and procedures of Bernafon described herein do not apply to third-party sites. Bernafon suggest that you contact those third-party sites directly for information on their data collection and distribution policies.

G. Copyright and limitations on use

1. The Content made available through this Website by Bernafon is the property of Bernafon and/or Bernafons licensors and is protected by copyright and other applicable laws. Bernafon 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 2002 by Bernafon AG. 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 organisation, without the express prior written consent of Bernafon.

2. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Bernafon. All rights not expressly granted herein are reserved to Bernafon and its licensors.

3. If you violate any term of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

H. Trademarks

1. "Bernafon" is a trademark of Bernafon AG. All rights reserved. All other trademarks appearing on this Website are the property of their respective owners, including, in some instances, Bernafon. Reproduction, in whole or in part, is prohibited without express prior written permission.

I. Links

1. 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.bernafon.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 Bernafon, or is otherwise objectionable, gives rise to civil liability, or otherwise violates any law, or that encourages conduct that would constitute a criminal offence.

J. Governing law

1. These Terms of Use, the performance thereof and any and all matters arising directly or indirectly herefrom or therefrom shall be construed, interpreted, applied and governed in all respects in accordance with the laws of Switzerland, without regard to that state's conflicts or choice of law provisions.