Last Updated: September 18, 2019
Introduction. Thank you for visiting crownviewtelehealth.com (“Website”), which is operated by crownviewtelehealth. Throughout this Website, the terms “we,” “us” and “our” refer to crownviewtelehealth, which offers this Website to you conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
Agreement. Because this page contains legal obligations, including, but not limited to limitations on liability, arbitration provisions and a class action waiver, please read these Terms and Conditions carefully. By accessing, viewing or using any of our services, (i) you acknowledge that you have read, understand and agree to be bound by and subject to these Terms and Conditions and Privacy Policy (collectively “Terms of Use”), unless separate terms are offered by you in writing and accepted by crownviewtelehealth, and (ii) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the goods and services offered herein. If you do not agree to all the Terms of Use of this agreement, then you may not access this Website or use any of its services.
Non-secure transmission of health information. Any communications sent by crownviewtelehealth.com may contain protected health information (“PHI”) that is subject to certain legal protections under the Health Insurance Portability and Accountability Act (“HIPAA”) and other federal and state laws. crownviewtelehealth.com will treat all PHI in accordance with its Notice of Privacy Practices and will minimize the amount of PHI transmitted in mobile communications to the minimum amount necessary to achieve the purpose of the communication. However, by answering our provided form questionnaire, you expressly acknowledge that communications crownviewtelehealth.com sends may be unencrypted or insecure, that communications via email or phone are sent over public communications networks or similar facilities that are not within crownviewtelehealth.com’s control, and that there is the possibility that unauthorized individuals may intercept, access, or read any such communications that crownviewtelehealth.com sends. IF YOU ARE CONCERNED ABOUT THE POSSIBLE DISCLOSURE OF COMMUNICATIONS CONTAINED IN crownviewtelehealth.COM , PLEASE DO NOT FILL OUT QUESTIONNAIRE. You agree to hold crownviewtelehealth.com harmless against any unauthorized third party access to PHI contained in all communications from FastHearinAids.com.
Modification. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting revised terms on this Website. The date on which these Terms and Conditions have been last updated will be noted immediately above this page and the revised Terms and Conditions will take effect seven (7) days after their publication on this Website. In the event we make material changes to the Terms and Conditions, we will attempt to notify you via email at the address we have on file. Your continued use of this Website after any such changes have been made constitutes acceptance of those changes.
License. This agreement provides you with a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use this Website solely for your personal use or your internal business purposes. You may not (i) use, copy, store, reproduce, transmit, distribute, rent, lease, sell, transfer, license, sublicense, or commercially exploit this Website in any manner not expressly permitted by this agreement; (ii) modify, alter, decompile, dissemble, reverse engineer, translate, or make derivative work of this Website; (iii) interfere, access, link to, use any source code contained in this Website; or (iv) erase or remove any proprietary or intellectual property notice contained in this Website and other services provided by crownviewtelehealth.
SMS and Auto Dialed Calls. Text ‘STOP’ to 97705 to opt out at any time. For help at any time, text ‘HELP’ to 97705. For additional support email info@crownviewtelehealth.com or call 888-683-6348.
Participating Carriers: All U.S. Based Carriers.
*Messages may be delayed or undelivered for various factors. NOC Solutions, carriers (including, but not limited to, T-Mobile) and any service providers utilized by NOC Solutions to send messages are not liable for delayed or undelivered messages.
Site Use. By accessing and using this Website, you acknowledge and agree that it is your sole responsibility to (i) maintain your compliance with the Terms and Conditions of this agreement; (ii) be responsible for and to abide by all applicable local, state, and federal laws, regulations, policies, and guidelines with respect to your use of this Website; and (iii) assume all responsibility for your use, and the results of your use, of this Website, including meeting any of your contractual requirements with third parties and other persons.
No Confidentiality Guarantee. crownviewtelehealth does not guarantee the confidentiality of any communications sent by e-mail or through this website, or left in voicemail messages on firm telephones. Unsolicited information and material may not be treated as confidential and will not be protected by any lawyer-client privilege.
Copyrights and Trademark. All content within this Website, including without limitation all software, graphics, text, design, images, illustrations, databases, user interfaces, visual interfaces, audio, design, structure, arrangement, products and information (collectively, “Content”) of this Website are owned, controlled, and licensed by crownviewtelehealth and/or its licensors. Any rights granted in this agreement are expressly licensed and revocable at any time in the sole and absolute discretion of crownviewtelehealth. You shall not, nor will you allow any third party to reproduce, modify, display, perform, publish, distribute, disseminate, create derivative work from, broadcast or circulate to any third party, or otherwise use, any Content without the express prior written consent of crownviewtelehealth. crownviewtelehealth and all other names, logos and icons identifying crownviewtelehealth and its products and services are proprietary trademarks of crownviewtelehealth and/or its affiliates, and any use of such trademarks without the express written permission of crownviewtelehealth is strictly prohibited.
Privacy. We respect your privacy and use commercially reasonable efforts to safeguard your personally identifiable information. For additional information regarding crownviewtelehealth’s collection and use of your personally identifiable information in connection with your use of this Website, please see our Privacy Policy.
Representations and Warranties. You represent and warrant to crownviewtelehealth that (i) you are at least 18 years of age; (ii) you are authorized to enter into this agreement; (iii) you will not use this Website or the Contents herein for any purpose or manner that violates any laws, regulation or that infringes the rights of crownviewtelehealth or any third party; (iv) any information or data you provide to crownviewtelehealth will not violate any law, regulation or infringe the rights of crownviewtelehealth or any third party; (v) all information that you provide to crownviewtelehealth in connection with this Website (e.g. name, e-mail address, phone number and/or other information) is true and accurate; and (vi) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
Warranty Disclaimers. crownviewtelehealth DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING YOUR USE, OR THE ULTIMATE OUTCOME OF YOUR USE OF THIS WEBSITE, IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, INTENDED PURPOSE, QUALITY, FUNCTIONALITY, OR OTHERWISE. THIS WEBSITE AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OUT OF COURSE OF DEALING, USAGE OR TRADE.
Limitation of Liability. YOU AGREE THAT crownviewtelehealth WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, LOSS OF DATA, LOSS OF SECURITY ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THIS WEBSITE, OR OF INFORMATION OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF crownviewtelehealth HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN PARTICULAR AND WITHOUT LIMITATION, TOTAL LIABILITY OF crownviewtelehealth FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THIS WEBSITE, RESULTS FROM USE OF THIS WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification. You agree to defend, indemnify, discharge, release and hold harmless crownviewtelehealth and its officers, directors, shareholders, employees, agents, representatives, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through this Website, arising from, in connection with or relating to (i) any breach or violation of this agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of our services; (iv) your transmissions, submissions or postings; and/or (v) any personal injury or property damage caused by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith.
DMCA Notice. Pursuant to the Digital Millennium Copyright Act (DMCA) Safe Harbor 17 U.S.C. § 512(c), if you believe that anything on this Website or service offered herein infringes any copyright that you own or control, you may file notice of such infringement, in compliance with the requirements of 17 U.S.C. 512(c)(3), with our designated agent at to IWLG, 4221 Wilshire Blvd, Suite 170-16, Los Angeles, CA 90010 or info@crownviewtelehealth.com. A copy of this legal notice may be sent to a third-party that may publish and/or annotate it. As such, your letter, with your personal information redacted, may be forwarded to the Chilling Effects Clearinghouse for publication.
Foreign Users. crownviewtelehealth makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from outside the United States, please understand that this Website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with crownviewtelehealth; (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of resident; (iii) under no circumstance shall crownviewtelehealth be deemed liable under any laws other than the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.
Governing Law. This agreement will be construed, enforced and governed in accordance with the laws of the State of California (but excluding Section 1283.1 of the California Code of Civil Procedure), without regard to any conflict of law principles. The state or federal courts in Los Angeles County, California will have exclusive jurisdiction and venue over all controversies in connection with this agreement, and you hereby consent to such exclusive and personal jurisdiction and venue. Any claim you may have against crownviewtelehealth must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys’ fees in any proceeding.
Notice of Claim. For all disputes you may have, whether pursued in court or arbitration, you must first give crownviewtelehealth an opportunity to resolve the dispute by providing written notification to info@crownviewtelehealth.com and via postal mail to IWLG, 4221 Wilshire Blvd, Suite 170-16, Los Angeles, CA 90010 stating (i) your name, (ii) your address, (iii) a written description of your claim, and (iv) a description of the specific relief you seek. If crownviewtelehealth does not resolve the dispute within 30 days after it receives your notification, you may pursue your dispute as set forth above.
No Class Actions. To the extent allowed by law, you and crownviewtelehealth each agree to waive any right to pursue disputes on a consolidated or class-wide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. You hereby understand that by agreeing to this class action waiver, you may only bring claims against crownviewtelehealth in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
Severability. If any provision of this Agreement shall be adjudged by any court or arbitrator of competent jurisdiction to be unenforceable or invalid, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that provision of this Agreement that is unlawful, void or unenforceable shall be limited or eliminated from this Agreement. The remaining provisions of this Agreement will otherwise remain in full force and effect.
Relationship of the Parties. The relationship between you and crownviewtelehealth is and shall be that of independent contractors and nothing in this Agreement shall be construed or used to create or imply any relationship of partners, joint venturers, or employer and employee, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions. You may not assign or otherwise transfer this Agreement or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without crownviewtelehealth’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of this Agreement shall be void, of no effect, and a material breach of this Agreement. Notwithstanding the foregoing, crownviewtelehealth may assign this Agreement in whole or in part. Moreover, crownviewtelehealth may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement.
Termination. crownviewtelehealth reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of this Agreement, to terminate this Agreement with you in order to protect its name, business, or goodwill and/or any other user. You acknowledge and agree that crownviewtelehealth shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of this Agreement.
Disputes for Arbitration. Any controversy, dispute, or claim arising out of or relating to these crownviewtelehealth.com Terms and Conditions —including the suitability of your or crownviewtelehealth.com’s claim for arbitration—shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. If an arbitrator’s award is granted, it is binding and may be entered in any court of competent jurisdiction. Neither party may bring an action, in arbitration or otherwise, unless the action is started within two years of the occurrence allegedly causing the damage in question. Unless crownviewtelehealth.com and you mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general, or class proceeding. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Monetary relief shall be awarded only for direct damages; monetary relief shall not be granted for consequential damages, incidental damages, or lost profits. Any arbitration award and any judgment confirming shall not have any precedential effect and may not be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties. For any arbitration claims you may assert against crownviewtelehealth.com in accordance with this Section (but not for any arbitration claim against you), crownviewtelehealth.com will pay your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. crownviewtelehealth.com will pay its, and you will pay your, lawyers’, experts’, and witnesses’ fees, expenses, and costs with respect to all claims.
Entire Agreement. This agreement and crownviewtelehealth’s Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and crownviewtelehealth with respect to subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and crownviewtelehealth with respect to the Website.
Miscellaneous. The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at info@crownviewtelehealth.com.
Message and data rates may apply. Recurring monthly messages.
Text 'STOP' to 97705 to opt out at any time. For help at any time, text 'HELP' to 97705. For additional support email info@crownviewtelehealth.com or call support at (866) 932-7697
Participating Carriers. All U.S. Based Carriers.
*Messages may be delayed or undelivered for various factors. NOC Solutions, carriers (including, but not limited to, T-Mobile) and any service providers utilized by NOC Solutions to send messages are not liable for delayed or undelivered messages.