Effective: 1/16/2023
Updated: 1/16/2023
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 at https://mvhearingbalance.com/privacy-policy as your privacy is important to us. 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
For use of this website (referred to as the “Site”) and communications with and through this website (referred to as the “Services”).
All content that appears on this Site, including designs, illustrations, icons, photographs, video clips, written materials, and the compilation of the Site, are the exclusive property of
Miami Valley Hearing and Balance, except as otherwise described.
Content on the Site is for informational purposes only and is not intended to substitute for professional medical advice, diagnosis, or treatment.
You use the Site content and Services at your own risk.
Information transmitted through the Site and Services travels over media beyond the control of
Miami Valley Hearing and Balance, which assumes no liability for delays, failures, interruptions, or corruption of data.
The Site and Services are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.”
Miami Valley Hearing and Balance makes no guarantees regarding the accuracy, reliability, completeness, or timeliness of content or services.
In no event shall Miami Valley Hearing and Balance, its licensors, suppliers, or third parties be liable for any damages resulting from use or inability to use the Site or Services.
Use of Site and Services
Do not misuse the Site or Services. Do not interfere with functionality, attempt unauthorized access, or send automated queries without prior permission. We may suspend or terminate access for violations or suspected misconduct and may pursue remedies under applicable law.
Messaging
You may expect to receive text and/or email communication from us as it pertains to customer care (appointment reminders, etc.), notifications regarding your account, or delivery notifications. We will not contact you with marketing offers or promotions unless you have opted in for that specifically. Message frequency may vary, and message and data rates may apply. In response to SMS you may reply HELP for help, or simply call us at (937) 576-0074 or email us at lcarpenter@mvhearingbalance.com. You may also reply STOP to out of further messages.
Use of Content
In many cases, permission is not required to use our content. Please review applicable guidelines. For questions not covered, visit our Privacy Policy or contact us at
https://mvhearingbalance.com/contact.
Advertisements and Links to Other Sites
Miami Valley Hearing and Balance does not endorse third-party content and is not responsible for linked websites or advertisements. Use of third-party sites is at your own risk.
Interpretation
This Agreement shall not be construed against either party as the drafter. Headings are for convenience only and not for interpretation.
Assignment
We may assign these Terms and related policies without notice for any reason, including internal
restructuring.
Waiver
Failure to enforce any provision does not constitute a waiver of that provision.
Severability
If any provision is found invalid or illegal, the remaining provisions shall remain in full force and effect.
Binding Arbitration Agreement
All disputes arising under this Agreement shall be submitted to binding arbitration in New Jersey before a single arbitrator from the American Arbitration Association. Either party may seek injunctive relief.
Class Action Waiver
These Terms do not permit class actions. Claims may be brought only in an individual capacity. Courts, not arbitrators, will decide enforceability of this provision.
Venue and Forum
If disputes proceed in court, they shall be brought exclusively in courts located in Somerset County, New Jersey, or the United States District Court for the District of New Jersey.
Choice of Law
These Terms are governed by the laws of the State of New Jersey, without regard to conflict of law principles.
Indemnification
You agree to defend, indemnify, and hold harmless https://mvhearingbalance.com/ and its affiliates from any claims or liabilities arising from your use of the Site or Services.
Complete Agreement
These Terms constitute the entire agreement between you and Miami Valley Hearing and Balance, except as otherwise provided by legal notice or separate contract.