Terms of Use
Updated: 6/28/2024
Acceptance of Our Policies
Your use of the Site will indicate acceptance of this Terms of Use Policy. You may choose to discontinue using the Site. Please exit the Site immediately if you do not agree to the terms of this Policy. Please also read our Privacy Policy. By using our site, you agree to both policies.
Our website is intended for users 18 years old or older. Please leave this website if you are under 18 years old.
Terms of Use
All content that appears on this Site, including, without limitation, all designs, illustrations, icons, photographs, video clips, and written materials, as well as the complication of the Site with other materials, are the exclusive property owned by hearky.com except as otherwise described.
The content, such as text, graphics, images, information obtained from links, licensors, and other material (“content”) contained on the Site are for informational purposes only. The content is not intended to substitute for professional medical advice, diagnosis or treatment.
You use the Site content and Services at your own risk.
When using the Site and/or Services, information is transmitted over media that are beyond the control and jurisdiction of hearky.com. Accordingly, hearky.com assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site and/or Services.
The Site and Services are provided “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE.” hearky.com makes no guarantees or promises regarding the accuracy, reliability, completeness, or timeliness of the content, information, software, text, graphics, links, or communications on the Site or through its Services.
In no event shall hearky.com, its licensors, its suppliers, or any third parties be liable for any damages (including, without limitation, incidental and consequential damages, personal injury or wrongful death, lost profits or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and/or Services, whether based on warranty, contract, tort or any other legal theory, and whether or not hearky.com is advised of the possibility of such damages.
Use of Site and Services
Use of Content
In many cases, it’s not necessary to contact us for permission to use our content. Please read the following guidelines. For questions or reprint situations not covered here, please visit our Privacy Policy or contact hearky.com at hearky.com/contact
Advertisements and Links to Other Sites
Interpretation
This Agreement shall not be construed against either Party as the author or drafter of the Agreement.
The headings within this Agreement are not to be used as an aid in interpretation and are purely for convenience.
Assignment
We may freely assign these Terms and all of the policies and other documents incorporated or referenced, including all rights, licenses, data, and obligations under it or them, in whole or in part, and without notice, for any reason, including for the purpose of internal restructuring.
Waiver
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver or such right or provision.
Severability
The parties to this agreement will submit all disputes arising under this agreement to arbitration in new jersey before a single arbitrator of the american arbitration association. The arbitrator shall be an attorney admitted to practice new jersey law. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent either party from obtaining an injunction.
Class Action Waiver
Venue and Forum
Choice of Law
These Terms and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. In no event will the parties bring claims against one another under the laws of another jurisdiction.