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(303) 993-8832 9695 S. Yosemite St., Suite 356, Lone Tree, CO 80124
Mon - Fri: 9:00am - 6:00pm & By Appointment | Patient Forms

Terms and Conditions of Use of This Website

1.  Acceptance of Terms

Welcome to http://www.hearingandbalanceinstitute.com (the “Website”), a website provided on behalf of the Hearing and Balance Institute of the Rockies, Inc.  located at 9695 South Yosemite Street, Suite 356, Lone Tree, CO 90124.  When the words “we” or “ours” are used, we mean Hearing and Balance Institute of the Rockies, Inc.

The Terms and Conditions of Use of this Website include any posted guidelines or rules applicable to particular Content or Services (as defined below) and, as updated by the Hearing and Balance Institute of the Rockies, Inc. at any point in the future, are collectively referred to as the “Terms and Conditions” and govern using this Website.  By using the Website http://www.hearingandbalanceinstitute.com, you: (i) agree to be bound by the Terms and Conditions of the Website: (ii) represent and warrant that you are at least eighteen (18) years old; (iii) represent and warrant that you have the legal authority to accept the Terms and Conditions of the Website: and (iv) agree that any use of the Site by any Practitioner is in her/his personal capacity and not as a representative of the Hearing and Balance Institute of the Rockies, Inc.  This is a legally binding agreement.  If you do not agree with the Terms and Conditions of this Website, you are not authorized to use this Website.  Hearing and Balance Institute of the Rockies, Inc. reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms and Conditions of Use Agreement, in whole or in part, at any time.  Notifications of any changes in the Terms and Conditions of Use Agreement will be posted on the Hearing and Balance Institute of the Rockies, Inc. Website.

2.  Medical Disclaimers

Much of the information on the Website relates to services, treatments or products, offered by Hearing and Balance Institute of the Rockies, Inc. The mater provided on the Website is for your general educational information only.  The Website may provide certain content (including, without limitation, documents, photographs, videos, advertisements, marketing materials, text, graphics, and images) and services that Hearing and Balance Institute of the Rockies, Inc. may change or update from time to time (the “Content” and “Services”).

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. The Website does not provide any form of medical advice, professional services or recommendations. The determination of the need for medical services and the types of health care to provide a patient are decisions that should be made after direct evaluation by a licensed health care provider. Hearing and Balance Institute of the Rockies, Inc. does not provide medical advice via the Website, Content and Services do not provide a diagnosis or other recommendation for treatment and are not a substitute for professional judgment of a health care professional in diagnosis and treatment of any person. Never disregard medical advice or delay seeking such advice because of something you read on the Website. Always seek the advice of a qualified and licensed health care provider with any questions you have regarding a medical condition. DO NOT USE THE SITE FOR EMERGENCY MEDICAL SERVICES.  IN AN EMERGENCY, CALL 911, YOUR LOCAL EMERGENCY ASSISTANCE NUMBER AND/OR YOUR PERSONAL PHYSICIAN.

Nothing on this Site is intended to constitute (i) medical advice or counseling, (ii) the practice of medicine, including, without limitation, psychiatry, psychology, psychotherapy or the provision of health care diagnosis or treatment, (iii) the creation of a physician patient or clinical relationship, or (iv) an endorsement, recommendation or sponsorship of any third party product or service by Hearing and Balance Institute of the Rockies, Inc. or any of its affiliates, agents, employees, consultants or service providers.

3. Content and Services

In interactive areas of our Website and related blogs or social networking sites, the ability to post Content in the form of test or visual media allows users to share ideas and information of mutual interest.  Hearing and Balance Institute of the Rockies, Inc. cannot and does not monitor all of the material posted or transmitted between or by users.  You are advised to use good judgment and required to abide by the guidelines set forthbelow when choosing to participate in any information sharing activity.  This Website, its related blogs and social networking sites are available to the public.  No information you consider confidential should be posted to the Website.  Hearing and Balance Institute of the Rockies, Inc. does not make any representation regarding the accuracy of completeness of any Content supplied by users on or through the Website.  Hearing and Balance Institute of the Rockies, Inc. reserves the right to move, remove, or edit any Content on the Website, blogs, and social networking sites, at any time for any reason.  In the event that any Content appears to be inappropriate for display on this Website for any reason, users are encouraged to contact Hearing and Balance Institute of the Rockies, Inc. to request the Content be removed.

Hearing and Balance Institute of the Rockies Inc.

Contact Information:

Telephone: (303) 993- 8832

Fax: (303) 954-8316

Mail: 9695 S. Yosemite

Suite 356

Lone Tree, CO  80124 USA

By posting to the Website, related blogs or social networking sites you agree to be solely responsible for the Content you contribute, link to, or otherwise upload to the Website and hereby release Hearing and Balance Institute of the Rockies, from any liability related to your use of the Website.  You also grant to Hearing and Balance Institute of the Rockies, Inc. a worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable (including rights to sublicense) right to exercise all copyright, publicity, and moral rights with respect to any original Content you provide.

4.  Prohibited Behavior

You are responsible for all Content that you upload, post, email, or otherwise transmit using the Website and its related blogs and social networking sites.  Likewise, you are responsible for respecting Hearing and Balance Institute of the Rockies, Inc.’s and third parties’ rights with respect to Content that appears on the Website agree not to download, email, or otherwise transmit using the Website such Content in violation of Hearing and Balance Institute of the Rockies, Inc.’s  and third parties’ rights.  You agree to use the Website solely to accommodate your own personal needs.  You agree not to use the Website, Content or Services to:

 

5. Compliance with HIPAA; Laws

You may not use the Website for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government, including, without limitation, (i) the posting of any protected health information that would constitute an unauthorized use or disclosure under the Health Information Portability and Accountability Act of 1996, including, without limitation, its implementing regulations (“HIPAA”) or any applicable state laws or regulations; (ii) the making of any claim for any product, service, or treatment that would constitute consumer fraud or false or misleading claims; and, (iii) the violation of prohibitions against marketing or advertising unapproved medical devices, drugs, or other medical treatment. You agree that, to the extent required and/or appropriate, you are responsible for obtaining any authorizations, informed consents, institutional or privacy board approvals and/or other required approvals (collectively “Patient Approvals”) prior to submitting protected health information to the Website, and, upon Hearing and Balance Institute of the Rockies, Inc.’s request, you agree to present redacted copies of the Patient Approvals to Hearing and Balance Institute of the Rockies, Inc.. By posting protected health information to this Website, you represent and warrant that you have obtained and maintain a copy of an appropriate Patient Approval that complies with HIPAA and applicable state law, and that permits the disclosure, copying and distribution of the information through any media and use and disclosure of protected health information as set forth in these Terms and Conditions and the Privacy Policy.

You agree that Hearing and Balance Institute of the Rockies, Inc. may use the protected health information in any lawful manner and that Hearing and Balance Institute of the Rockies, Inc. will not return the protected health information to you after you submit it except as required by law. To the extent required, you have informed patients that the protected health information will not be returned and/or expunged and that it may be used and disclosed in accordance with these Terms and Conditions of the Website Agreement and the Privacy Policy.

6. Disclaimer of Warranties

THE USE OF THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  HEARING AND BALANCE INSTITUTE OF THE ROCKIES, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, CONTENT AND SERVICES, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HEARING AND BALANCE INSTITUTE OF THE ROCKIES, INC. EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY USER WHO USES THE SITE. THE HEARING AND BALANCE INSTITUTE, INC. WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HEARING AND BALANCE INSTITUTE OF THE ROCKIES, INC. AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR RELATED, BLOGS OR SOCIAL NETWORKING SITS OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE AND ITS RELATED BLOGS AND SOCIAL NETWORKING SITES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE HEARING AND BALANCE INSTITUTE OF THE ROCKIES, INC. WEB SITE OR ANY LINKED SITE. FURTHER, HEARING AND BALANCE INSTITUTE OF THE ROCKIES, INC. AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT.  HEARING AND BALANCE INSTITUTE OF THE ROCKIES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE AND ITS RELATED BLOGS OR SOCIAL NETWORKING SITES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEARING AND BALANCE INSTITUTE OF THE ROCKIES, INC. AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE HEARING AND BALANCE INSTITUTE OF THE ROCKIES, INC. WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  HEARING AND BALANCE INSTITUTE OF THE ROCKIES MAKES NO WARRANTY THAT THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE, CONTENT OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE, CONTENT OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR WITHIN NATIONAL JURISDICTIONS.

7. Exclusions and Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HEARING AND BALANCE INSTITUTE OF THE ROCKIES, INC. SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION EVEN IF HEARING AND BALANCE INSTITUTE OF THE ROCKIES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (A) ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, ANY DELAYS, FAILURES, INTERRUPTIONS OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SITE, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE SITE OR ANY PORTION THEREOF OR THE COST OR PROCUREMENT OF ANY SUBSTITUTE SITE OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN, (D) YOUR USE AND ACCESS OF THIS SITE, (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE, (F) ANY DIAGNOSES OR TREATMENT MADE AFTER REVIEWING INFORMATION PROVIDED ON THIS SITE OR YOUR RELIANCE ON THIS SITE, (G) ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE, OR (H) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.

8.  Photographs and Visual Content

You understand that you may be granted the ability to upload, post or transmit images or videos to third party users through the Website, or its related blogs or social networking sites (collectively, “Visual Content”). You authorize Hearing and Balance Institute of the Rockies, Inc. (and have all of the necessary rights from third parties to authorize Hearing and Balance Institute of the Rockies, Inc.) the right to copyright, license, publish, broadcast, display, reproduce, and distribute in any manner the Visual Content. You understand that you will not receive any royalties or other reimbursement for permitting Hearing and Balance Institute of the Rockies, Inc.  to use the Visual Content. You grant Hearing and Balance Institute of the Rockies, Inc. and other users (and have all of the necessary rights from third parties to grant Hearing and Balance Institute of the Rockies, Inc. and other users) the absolute right and permission to use, re-use, publish, and re-publish the Visual Content, with or without names, or reproductions thereof or excerpts therefrom, made through any medium, and in any and all media now or hereafter known for any purpose whatsoever including, without limitation, in marketing and on other web sites. You also understand that you and any third parties will have no copyright or other rights with respect to the Visual Content as they are used by Hearing and Balance Institute of the Rockies, Inc. or other users of the Site. You hereby release, discharge and agree to hold harmless Hearing and Balance Institute of the Rockies, Inc. and any users, from and against any and all claims and demands, including but not limited to, any claims for copyright infringement, defamation, invasion of privacy or right of publicity, arising out of or in connection with any use of the Visual Content.
You represent and warrant that any Patient Approvals or releases referenced in this Terms and Conditions of Website Use Agreement are consistent with the terms of this Section 8 and include sufficient language to permit you to agree to the terms of this Section 8.

9.  Disclaimer of Content

Although Hearing and Balance Institute of the Rockies, Inc. attempts to ensure the integrity and accuracy of the Website, Hearing and Balance Institute of the Rockies does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Hearing and Balance Institute of the Rockies, Inc. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.

THE CONTENT FOUND ON THE SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL CONTENT BEFORE RELYING ON IT.

10.  Intellectual Property

Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of Hearing and Balance Institute of the Rockies, Inc., or third parties.

 

11. Links

The Site may include links to other Websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Hearing and Balance Institute of the Rockies, Inc.  with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and Hearing and Balance Institute of the Rockies, Inc. is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. HEARING AND BALANCE INSTITUTE OF THE ROCKIES, INC. MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site.

12. Indemnity

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you hereby release and forever discharge Hearing and Balance Institute of the Rockies, Inc. and its respective officers, directors, shareholders, employees and agents, of and from all actions, causes of action, suits, debts, duties, accounts, bonds, covenants, contracts, guarantees, claims and demands whatsoever that you had, now have or hereafter can, shall or may have of or by an reason of or in any way arising out of any cause, matter or thing whatsoever existing up to the present time and, in particular, without in any way limiting the generality of the foregoing, for and by reason of or in any way arising out of your use of the Website or your violation of these Terms and Conditions. You agree to hold harmless and indemnify Hearing and Balance Institute of the Rockies, Inc. and its affiliates, and each of its officers, directors, employees and agents from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys’ fees, costs and expenses arising out of, directly or indirectly, your use of the Website including, without limitation (a) any unlawful use of the Website, and/or (b) any use of the Website that violates the Terms and Conditions of Use.

13. Jurisdiction and Venue

Users and Hearing and Balance Institute of the Rockies, Inc. agree that this Agreement and the relationship between and among the users and Hearing and Balance Institute of the Rockies, Inc. will be governed by the laws of the State of Colorado, without respect to its conflict of laws, provisions and that venue with respect to any dispute between or among the users and Hearing and Balance Institute of the Rockies, Inc. will rest exclusively in the state or federal courts located in Colorado.

14. Miscellaneous

The Terms and Conditions constitute the entire agreement between and among the users and Hearing and Balance Institute of the Rockies, Inc. relating to the Website. There is no agency, partnership, joint venture, employee-employer , physician-patient, audiologist-patient, or physical therapist-patient relationship between any user and Hearing and Balance Institute of the Rockies, Inc. arising solely through the use of the Site. The Terms and Conditions are binding upon your successors, assigns, heirs and executors. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of Hearing and Balance Institute of the Rockies, Inc. to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the Website or the Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.

YOUR USE OF THE WEBSITE INDICATES THAT YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE, DO NOT USE THE WEBSITE.