Terms of Use

www.myoticon.com (“MyOticon” or the “Site”) is an Internet-based business portal owned and operated by Oticon, Inc. (“Oticon”).  MyOticon provides Oticon’s customers (each, a “Customer”) with access to (i) their respective accounts, including ordering, shipping, and tracking information for Oticon products; (ii) Oticon-approved advertising materials, information regarding Oticon, news, events, and other information (collectively, the “Marketing Materials”), (iii) certain support services provided by Oticon.

In order to access and use MyOticon, each Customer must first agree to abide by all of the terms and conditions contained in these Terms of Use (the “Agreement”).  By clicking “I ACCEPT” at the end of the Agreement, you represent and warrant that you are duly authorized to bind Customer to the terms of this Agreement, and that Customer is thereby bound.  If you do not click “I ACCEPT,” then Customer will not be permitted to access or use MyOticon.  

Oticon may, in its sole discretion, verify the existence of a valid account in Customer’s name.  Customer accounts which are invalid or not in good standing may delay or disqualify Customer from accessing MyOticon.  Nothing in this Agreement shall be construed as requiring Oticon to grant Customer access to MyOticon. 

Oticon may, at any time and in its sole discretion, revise or update this Agreement by posting an amended Agreement on MyOticon.  Any changes that are made to this Agreement will be effective immediately upon posting.  Customer’s use of MyOticon following the posting of an updated Agreement constitutes acceptance of the last updated Agreement.

Further, Oticon reserves the right, at any time, to modify or discontinue, temporarily or permanently, MyOticon, or any part thereof. Customer agrees that Oticon shall not be liable to Customer or to any third party for any modification, suspension, or discontinuance of MyOticon.


Access to and Use of MyOticon

Oticon hereby grants Customer and its Representatives (as defined below) a limited, non-exclusive, revocable license to access and use the Site, subject to and in accordance with the terms contained in this Agreement, using the unique user name and password (“Access Credentials”) already provided to Customer by Oticon.  

Customer is solely responsible for the use and security of the Access Credentials.

Customer may use its account (the “Customer Account”) to create additional user accounts (each a “User Account) for those of its employees and agents whose job functions require access to and use of the Site (each, a “Representative”).  The Customer and User Accounts are collectively known as the “Accounts.” 

Customer and its Representatives may use their Accounts to populate such Accounts with personally identifiable information about (1) Customer and/or Representative, such as name, title, e-mail address, postal address, and telephone number (collectively, the “Customer Information”) and/or (2) Customer’s customers, such as name, age, Medicaid number, insurance ID number, last four digits of their Social Security number, and hearing test results (collectively, the “Purchaser Information”). 

When creating each User Account, Customer will designate the permission level for each Representative and their respective User Account.  The various permission levels are described on MyOticon.

Customer shall maintain the security and confidentiality of the Access Credentials and the Accounts, and is responsible to Oticon for compliance with this Agreement by its Representatives.

Customer will promptly inform Oticon of any need to deactivate any Access Credentials or Accounts, or change any user name or password.  Oticon reserves the right to delete or change any user name, password, or Account at any time and for any reason.  Oticon will not be liable for any loss or damage caused by any unauthorized use of Customer’s Access Credentials or Accounts.    

Oticon will periodically request that Customer review its list of User Accounts and Representatives to verify that only Representatives who continue to have a need to access MyOticon have such User Accounts.  Customer is solely responsible for any access and/or use of a User Account and/or the Site by its Representatives including, but not limited to, such access and/or use after such Representative has ceased to be employed, engaged, or otherwise associated with Customer.

Customer agrees (and shall cause its Representatives to agree) to comply with all applicable laws, rules and regulations in accessing and/or using MyOticon, the Accounts, and the Marketing Materials.

Customer and its Representatives will not (i) use MyOticon for any unlawful or fraudulent purpose including, but not limited to: (a) impersonating any person or entity, or (b) harvesting or collecting personally identifiable information (“PII”) or protected health information (as defined in 45 CFR §160.103) (“PHI”), (ii) sell, lease, transfer, license or exploit for any commercial purposes any use of or access to MyOticon, or (iii) frame, mirror, in-line link to, or make other similar use of, all or any part of MyOticon without Oticon’s prior express written authorization.

To the extent Customer or its Representatives access or download any software that is made available through MyOticon (“Software”), such Software is the copyrighted work of Oticon and/or its various third party licencors.  Customer’s and/or its Representatives’ use of the Software is governed by the terms of the end user license agreement (“EULA”), if any, which accompanies or is included with the Software. Customer or its Representatives may not install or use any Software that is accompanied by or includes such EULA unless they first agree to the terms of such EULA.  Any warranty applicable to the Software will be specified in the terms of the EULA, and no additional warranties are provided herein.

Use of Purchaser and Customer Information

Your use of the Site may involve the transmission of Purchaser and/or Customer Information to us.  Our policies with respect to the collection and use of such information are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.


License to Use Marketing Materials

Oticon hereby grants Customer and its Representatives a non-exclusive, non-sublicensable, and revocable license to access, download, reproduce, distribute, and display the Marketing Materials solely in connection with Customer’s advertising of Oticon products and services.  For avoidance of doubt, this license does not permit Customer to create derivative works based on the Marketing Materials or to use the Marketing Materials in connection with Customer’s advertising of products and services not provided by Oticon.


MyOticon Security

Neither Customer nor its Representatives may violate or attempt to violate the security of MyOticon by any means, including, but not limited to:

  • accessing data not intended for Customer or its Representatives to access; 

  • logging into any portion of MyOticon which Customer or its Representatives are not expressly authorized to access or circumventing the applicable permission level; 

  • attempting to probe, scan, or otherwise test possible vulnerabilities of MyOticon or of the system upon which it resides; 

  • forging any TCP/IP packet header of any of the header information in any communication using the Site; 

  • modifying, adapting, translating, reverse engineering, decompiling or disassembling any portion of MyOticon; 

  • interfering with or disrupting or attempting to interfere or disrupt the operation of MyOticon; 

  • inhibiting any other person from using MyOticon; 

  • hacking, or defacing any portion of MyOticon; 

  • overloading, “flooding,” “spamming,” “mail-bombing” or “crashing” MyOticon; or, 

  • transmitting to or otherwise making available in connection with MyOticon any virus, worm, Trojan horse, root kit, or other harmful code.


Submissions

By submitting or making available any documents, purchase orders, payments or other materials (“Submissions”) to Oticon via MyOticon, Customer hereby explicitly agrees that Oticon shall have the unrestricted right to use the Submissions for any and all purposes in the ordinary course of business.


Intellectual Property Rights

    1. MyOticon, its content, and the Accounts are protected by copyright and other intellectual property laws of the United States and other jurisdictions.  Customer may print and/or download a copy of any part of MyOticon for internal business purposes only.  To the extent any such printed or downloaded information contains PII and/or PHI, Customer shall use appropriate safeguards to prevent use or disclosure of the PII and/or Protected Health Information other than in accordance with applicable law, including, without limitation, applicable provisions of the Health Insurance Portability and Accountability Act of 1996 (as amended by Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (the “HITECH Act”).

    2. Customer may not modify any part of MyOticon for any reason.  Any use of any portion of MyOticon and its contents other than as expressly permitted by this Agreement, including the reproduction, modification, distribution or republication of same, is strictly prohibited.  Customer may not remove any trademark, copyright, or other proprietary rights notice which appears on MyOticon or the Marketing Materials.

    3. The trademarks, service marks, logos and any designs used or displayed on MyOticon are trademarks and/or service marks owned by Oticon (the “Oticon Trademarks”) or its licensors.  Aside from the express license grant with respect to the Marketing Materials, nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Oticon Trademark displayed on this Site without our prior, written permission in each instance.  All goodwill generated from the use of the Oticon Trademarks will inure to our benefit.  The appearance of any third-party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.


Term and Termination

This Agreement shall become effective on the date Customer first acknowledges acceptance of this Agreement by clicking below to accept this Agreement, or upon Customer’s use of MyOticon, and shall remain in effect until terminated.  Either party may terminate this Agreement for any or no reason immediately upon notice to the other party.  Upon termination of this Agreement, Customer’s access to MyOticon shall be cancelled, all licenses granted here-under shall terminate immediately, Customer shall cease any further use of the Marketing Materials, and Customer shall destroy any Marketing Materials in its possession.  The provisions regarding Submissions, Intellectual Property Rights, Term and Termination, Warranty Disclaimer, Limited Liability, Indemnity, Severability, and Governing Law and Jurisdiction shall survive termination of this Agreement.


Enforcement

Oticon may investigate any reported, alleged or suspected violation of this Agreement, and take any action that Oticon, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension or termination of Customer’s and/or it’s Representatives’ access to MyOticon, at any time.

Warranty Disclaimer

OTICON DOES NOT WARRANT THAT ACCESS TO MYOTICON WILL BE UNINTERRUPTED OR ERROR-FREE.  ADDITIONALLY, OTICON DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY OTICON TO ANY CUSTOMER OR BY ANY CUSTOMER TO OTICON, VIA MYOTICON, IS ACCURATE OR EFFECTIVE.  MyOticon, its contents and services, and the accounts, are  provided “AS IS” AND “AS AVAILABLE,” AND Oticon SPECIFICALLY DISCLAIMS, AND CUSTOMER AND REPRESENTATIVES HEREBY WAIVE, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE AND AGAINST INFRINGEMENT WITH RESPECT THERETO. 


Limited Liability

UNDER NO CIRCUMSTANCES WILL OTICON, ITS AFFILIATES, SUPPLIERS, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (THE “OTICON PARTIES”) BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY CUSTOMER’S OR ANY REPRESENTATIVE’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE INCLUDING BUT NOT LIMITED TO ANY ACCOUNTS OR CONTENT AVAILABLE THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE.

IN NO EVENT SHALL ANY OF THE OTICON PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, SERVICES, THE ACCOUNTS, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE OTICON PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.


Indemnity

Customer will defend, indemnify and hold harmless the Oticon Parties from and against all claims, losses, costs, damages, liabilities, and expenses (including, but not limited to, attorneys’ fees) arising out of or related to: (i) any breach by Customer, its Representatives, and former Representatives, of this Agreement; (ii) access and/or use of MyOticon by Customer or its Representatives (a) in violation of applicable laws, rules, and regulations, (b) that infringes and/or misappropriates the intellectual property rights of a third party; (iii) Customer’s or its Representatives’ or its former Representatives’ unauthorized or improper use or disclosure of the Information; and/or (iv) any personal injury or property damage arising out of Customer’s or its Representatives’ access and/or use of MyOticon.


Severability

If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed sever able from this Agreement and will not affect the validity and enforceable of any remaining provision.

Advertisements on this Site

Oticon, in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by Oticon.  Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser, and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.


Linking and Framing

This Site may periodically provide links to third-party websites (“Third-Party Sites”). This Agreement governs only this Site and not any Third-Party Sites.  Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third-Party Site.  If you decide to access linked Third-Party Sites, you do so at your own risk.  You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site.  We also prohibit the use of any links to the Site from any other websites, unless establishment of such a link is approved in advance by us in writing.  You may not frame any elements of this Site with any other website.


Security of the Site

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution.  Oticon reserves the right to view, monitor, and record activity on the Site without notice or permission from you.  Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site.  Oticon will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.


Governing Law and Jurisdiction
.  This Agreement, and all matters arising directly or indirectly from Customer’s access to or other use of MyOticon, shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules.  Customer hereby submits to the exclusive jurisdiction of the state and federal courts located in the State of New Jersey, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based on or relating to Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.