IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
Welcome to Ask An Audiologist (“we,” “us,” “our,” or “Platform”). These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Entheos Audiology Cooperative, Inc. governing your access to and use of our healthcare directory website and services.
By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Platform.
1. ACCEPTANCE OF TERMS
By creating an account, accessing, or using our Platform, you agree to:
- Comply with these Terms and all applicable laws and regulations
- Be legally capable of entering into binding contracts
- Provide accurate, current, and complete information
- Maintain the security of your account credentials
These Terms apply to all users, including healthcare practices, individual healthcare providers, and visitors browsing our directory.
2. DESCRIPTION OF SERVICES
Our Platform provides a comprehensive directory service for healthcare practices and individual healthcare providers. We offer:
Free Account Features:
- Basic practice and provider listing creation
- Contact information updates
- Standard profile visibility in search results
- Basic business information management
Paid Subscription Features:
- Enhanced listing visibility and placement
- Premium profile customization options
- Featured/sponsored listing opportunities
- Priority customer support
- Advertising and promotional opportunities
- Additional multimedia content
We reserve the right to modify, suspend, or discontinue any features or services at any time with or without notice.
3. ACCOUNT REGISTRATION AND TYPES
3.1 Account Creation
To use certain features of our Platform, you must create an account. You agree to:
- Provide accurate, truthful, and complete information during registration
- Maintain and promptly update your account information
- Maintain the confidentiality of your password and account credentials
- Notify us immediately of any unauthorized access or security breach
- Accept responsibility for all activities that occur under your account
3.2 Account Types
Practice Accounts: For healthcare practices to list their location(s) and associated providers.
3.3 Account Verification
We reserve the right, but are not obligated, to verify the accuracy of information provided, including professional credentials, licensure, and business information. However, users are solely responsible for ensuring all information is accurate and current.
4. USER RESPONSIBILITIES AND CONDUCT
4.1 Accurate Information
You agree to:
- Provide and maintain accurate practice and provider information
- Update your credentials, licensure, and certifications promptly
- Ensure all contact information remains current
- Comply with all applicable healthcare regulations and professional standards
- Maintain current professional liability insurance as required by law
4.2 Prohibited Conduct
You may NOT:
- Provide false, misleading, or fraudulent information
- Impersonate another person or entity
- List unlicensed individuals as licensed healthcare providers
- Post content that violates professional ethics or standards of care
- Use the Platform for any illegal purpose
- Transmit spam, advertising, or promotional materials not authorized by us
- Attempt to gain unauthorized access to our systems or other user accounts
- Use automated systems (bots, scrapers) to access the Platform without permission
- Harass, abuse, or harm other users
- Upload malicious code, viruses, or harmful software
- Violate any applicable laws, regulations, or third-party rights
- Make false or misleading claims about your services or qualifications
- Engage in practices that constitute false advertising
- Violate patient privacy laws (HIPAA, state privacy laws)
4.3 Healthcare-Specific Responsibilities
You acknowledge and agree that:
- Listings do not constitute medical advice or create a patient-provider relationship
- You are solely responsible for compliance with all applicable healthcare laws and regulations
- You maintain appropriate professional licensure and credentials
- You are responsible for the accuracy of all information regarding services offered
- You will not use the Platform to solicit patients in violation of professional ethics rules
5. SUBSCRIPTION TERMS AND BILLING
5.1 Paid Subscriptions
Paid subscription accounts are offered on a monthly or annual basis. By subscribing, you agree to:
- Pay all applicable subscription fees
- Provide accurate and current payment information
- Authorize automatic recurring billing for your selected subscription period
- Accept that subscriptions automatically renew unless cancelled
5.2 Pricing and Payment
- All fees are stated in U.S. dollars
- Subscription fees are billed in advance on a recurring basis
- Payment is processed through our third-party payment processor (Stripe and/or other processors)
- You authorize us to charge your payment method on file for all applicable fees
- Failure to pay may result in suspension or termination of your account
5.3 Automatic Renewal
Your subscription will automatically renew at the end of each billing period (monthly or annually) at the then-current subscription rate unless you cancel before the renewal date. We will charge your payment method on file at the beginning of each renewal period.
5.4 Price Changes
We reserve the right to modify subscription pricing with at least 30 days’ notice. Price changes will apply to subsequent billing periods following notice. Your continued use of the Platform after a price change constitutes acceptance of the new pricing.
5.5 Taxes
You are responsible for all applicable taxes, duties, and government fees associated with your subscription, except for taxes based on our net income.
6. CANCELLATION AND REFUND POLICY
6.1 Cancellation by User
You may cancel your paid subscription at any time by:
- Accessing your account settings and selecting the cancellation option
- Contacting our customer support team
- Following the cancellation instructions provided in your account dashboard
Cancellations are effective at the end of the current billing period. You will retain access to paid features until the end of your current billing cycle.
6.2 Refund Policy
Monthly Subscriptions: Refunds are generally not provided for monthly subscriptions. Once charged, the fee covers the entire month, and cancellation prevents future charges but does not refund the current billing period.
Annual Subscriptions:
- Refunds for annual subscriptions may be provided on a prorated basis within the first 30 days of initial purchase or renewal
- After 30 days, annual subscriptions are non-refundable
- Prorated refunds will be calculated based on unused months remaining in the subscription period
Exceptions: We reserve the right to provide refunds at our discretion in cases of:
- Technical errors resulting in duplicate charges
- Service outages that materially impact your use of paid features
- Other exceptional circumstances, as determined by us
To request a refund, contact our customer support team within 30 days of the charge.
6.3 Account Suspension and Termination
We reserve the right to suspend or terminate your account immediately, with or without notice, for:
- Violation of these Terms
- Fraudulent or illegal activity
- Providing false or misleading information
- Failure to pay subscription fees
- Violation of professional standards or healthcare regulations
- Conduct that harms or could harm other users or the Platform’s reputation
- Any reason we determine, in our sole discretion, warrants termination
Upon termination:
- Your access to paid features will be immediately revoked
- No refunds will be provided for fees already paid
- Your listings may be removed from the Platform
- You remain liable for any outstanding fees or obligations
7. CONTENT MODERATION AND REMOVAL RIGHTS
7.1 Our Rights
We reserve the right, but are not obligated, to:
- Monitor, review, and moderate all content posted on the Platform
- Remove any content that violates these Terms or applicable law
- Remove content that we determine, in our sole discretion, is inappropriate, harmful, or objectionable
- Edit or modify listings to correct errors or ensure compliance
- Suspend or remove listings pending verification of credentials or investigation of complaints
- Refuse to publish or remove content for any reason
7.2 User-Generated Content
If our Platform includes features for reviews, ratings, comments, or other user-generated content in the future:
- Users are solely responsible for the content they post
- Content must not violate any laws, including defamation, privacy, or intellectual property laws
- We reserve the right to remove any user-generated content at our discretion
- We do not endorse, verify, or take responsibility for user-generated content
7.3 Reporting Violations
If you believe content on our Platform violates these Terms or applicable law, please report it to us at info@askanaudiologist.com. We will investigate and take appropriate action.
8. INTELLECTUAL PROPERTY
8.1 Our Intellectual Property
All content on the Platform, including text, graphics, logos, images, software, and design elements, is owned by us or our licensors and protected by copyright, trademark, and other intellectual property laws.
You may not:
- Copy, reproduce, distribute, or create derivative works from our content
- Use our trademarks, logos, or branding without written permission
- Remove or alter any copyright, trademark, or proprietary notices
8.2 Your Content and License Grant
You retain all ownership rights to the content you submit to the Platform (practice information, provider profiles, photos, descriptions, etc.). However, by posting content, you grant us:
- A worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform your content in connection with operating and promoting the Platform
- The right to use your business name, logo, and information in our directory and promotional materials
- Permission to aggregate and anonymize your data for analytics and platform improvement
This license continues even after you close your account for content that has been shared or distributed prior to account closure.
8.3 Responsibility for Your Content
You represent and warrant that:
- You own or have the right to post all content you submit
- Your content does not violate any third-party rights (copyright, trademark, privacy, etc.)
- Your content is accurate and not misleading
- Your content complies with all applicable laws and professional standards
You agree to indemnify us against any claims arising from your content.
9. SPONSORED AND ADVERTISING LISTINGS
9.1 Advertising Features
Paid subscribers may have access to sponsored listing opportunities and advertising features. By using these features, you agree:
- All advertising content must comply with applicable advertising and healthcare marketing laws
- Advertisements must not be false, misleading, or deceptive
- Claims about services must be substantiated and accurate
- Advertising must comply with professional ethics rules and regulations
- We reserve the right to reject or remove any advertisement at our discretion
9.2 No Guaranteed Placement or Results
While paid subscriptions may include enhanced visibility features:
- We do not guarantee specific placement, ranking, or search results
- Directory placement may be affected by various factors, including relevance, location, and user preferences
- We reserve the right to modify our ranking and display algorithms at any time
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
10.1 No Medical Advice
IMPORTANT: Our Platform is a directory service only. We do not:
- Provide medical advice, diagnosis, or treatment
- Create a patient-provider relationship
- Recommend or endorse specific healthcare providers
- Guarantee the quality, credentials, or competence of listed providers
- Verify the accuracy of provider information beyond basic credential checks (if any)
Any reliance on information found through our Platform is solely at your own risk.
10.2 No Warranty of Accuracy
We do not warrant, guarantee, or take responsibility for:
- The accuracy, completeness, or currency of provider listings
- The credentials, licensure, or qualifications of listed providers
- The quality of services provided by listed healthcare practices or providers
- Availability or accessibility of listed practices or providers
- Accuracy of business hours, contact information, or services offered
Users are solely responsible for verifying provider credentials, licensure, and qualifications before seeking services.
10.3 Platform Availability
We provide the Platform on an “AS IS” and “AS AVAILABLE” basis. We do not guarantee:
- Uninterrupted or error-free operation
- Freedom from viruses or other harmful components
- Compatibility with your devices or software
- Availability at any particular time or location
We may suspend, modify, or discontinue the Platform at any time without notice.
10.4 Third-Party Services
Our Platform integrates with third-party services (payment processors, analytics, email providers). We are not responsible for:
- Third-party service availability, security, or performance
- Third-party privacy practices or data handling
- Errors or issues arising from third-party services
10.5 LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Business interruption
- Personal injury or property damage
- Medical malpractice or healthcare errors by listed providers
- Any damages arising from your use of or inability to use the Platform
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
These limitations apply even if we have been advised of the possibility of such damages.
10.6 Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from:
- Your violation of these Terms
- Your violation of any law or regulation
- Your violation of any third-party rights
- Your content or listings
- Your provision of healthcare services
- Any negligence or misconduct by you or your employees
11. PRIVACY AND DATA PROTECTION
Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using the Platform, you consent to our collection and use of information as described in the Privacy Policy.
Key points:
- We collect personal and business information you provide
- We use third-party services for payments, analytics, and email communications
- We may use your information for marketing purposes (subject to your preferences)
- You have rights to access, correct, and delete your information
Please review our Privacy Policy for complete details.
12. HIPAA AND HEALTHCARE COMPLIANCE
12.1 Not a Covered Entity
Our Platform is NOT a HIPAA-covered entity. We do not:
- Access, store, or transmit protected health information (PHI)
- Create patient-provider relationships
- Provide healthcare services or electronic health records
12.2 Your Compliance Obligations
As a healthcare provider or practice, you are solely responsible for:
- Compliance with HIPAA and other healthcare privacy laws
- Ensuring your use of the Platform does not violate patient privacy
- Not posting any protected health information (PHI) on the Platform
- Compliance with state and federal healthcare regulations
- Maintaining required professional licensure and credentials
- Following applicable professional standards and ethics rules
12.3 Prohibited Content
You may NOT post:
- Patient names or identifying information
- Protected health information (PHI)
- Medical records or treatment information
- Any content that violates patient privacy or HIPAA
Violation of these restrictions may result in immediate account termination and reporting to appropriate regulatory authorities.
13. DISPUTE RESOLUTION
13.1 Governing Law
These Terms are governed by the laws of the State of Indiana, United States, without regard to conflict of law principles.
13.2 Informal Resolution
Before filing any legal action or initiating arbitration, you agree to first send us a written notice of the dispute (a “Notice of Dispute”) and attempt to resolve the dispute informally. The Notice of Dispute must include your name, mailing address, email address, phone number, a description of the dispute, and the relief you are seeking. You must send the Notice of Dispute to us by email at info@askanaudiologist.com and by mail to: Entheos Audiology Cooperative, Inc., Attn: Legal, 1501 S Clinton St, #10311 Fort Wayne, IN 46851. We will attempt to resolve the dispute within 30 days after we receive your Notice of Dispute. If we cannot resolve the dispute within that timeframe, either party may proceed as set forth in Section 13.3 below.
13.3 Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS
Any dispute, claim, or controversy arising from or relating to these Terms or your use of the Platform shall be resolved through binding arbitration rather than in court, except:
- Claims in small claims court within its jurisdiction
- Claims for injunctive or equitable relief
- Claims related to intellectual property rights
Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time the arbitration is filed. The arbitration will take place in Fort Wayne, IN, unless you and we agree otherwise. The parties may also agree to conduct the arbitration by videoconference, telephone, or written submissions, and the arbitrator may allow those formats where permitted by the applicable rules. The arbitrator may award the same damages and relief that a court could award, but only to the extent permitted by law and these Terms. The arbitrator’s decision is final and binding.
You and we each waive the right to a jury trial and the right to participate in a class action.
13.4 Venue
For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Indiana, and you and we consent to personal jurisdiction and venue in those courts.
13.5 One-Year Limitation Period
To the extent permitted by law, you must commence any legal action or arbitration within one (1) year after the claim arises. After one year, the claim is permanently barred.
14. GENERAL PROVISIONS
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Platform and supersede all prior agreements and understandings.
14.2 Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms on the Platform
- Updating the “Last Updated” date
- Sending notice to your email address on file (for material changes)
Your continued use of the Platform after changes take effect constitutes acceptance of the modified Terms.
14.3 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
14.4 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver will be effective unless made in writing and signed by our authorized representative.
14.5 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to any affiliate or successor without restriction.
14.6 Force Majeure
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, governmental actions, or internet/telecommunications failures.
14.7 Survival
Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
14.8 Relationship of Parties
These Terms do not create any partnership, joint venture, employment, or agency relationship between you and us. You have no authority to bind us or make commitments on our behalf.
14.9 Electronic Communications
You consent to receive communications from us electronically, including via email or posting on the Platform. Electronic communications satisfy any legal requirement that communications be in writing.
15. CONTACT INFORMATION
For questions, concerns, or notices regarding these Terms, please contact us:
Entheos Audiology Cooperative, Inc.
Email: info@askanaudiologist.com
Address: 1501 S Clinton St, #10311 Fort Wayne, IN 46851
For customer support or account-related inquiries:
Support Email: accounts@askanaudiologist.com
16. ACKNOWLEDGMENT
BY CREATING AN ACCOUNT OR USING OUR PLATFORM, YOU ACKNOWLEDGE THAT:
- You have read and understood these Terms
- You agree to be bound by these Terms
- You are legally capable of entering into this agreement
- You will comply with all applicable laws and regulations
- You understand the limitations of our Platform and services
- You understand that we do not verify provider credentials or guarantee service quality
- You accept all disclaimers and limitations of liability
If you do not agree to these Terms, you must immediately cease using the Platform.