Acceptance of the Terms.
Legato Audio, Inc., a Delaware corporation (“Legato”, “we”, or “us”), provides access to: (i) its website www.legatohearing.com, any of such website’s subpages, and any other website where Legato posts these Terms & Conditions of Use (collectively, the “Website”) to visitors and other users thereof; (ii) a downloadable mobile applications for iOS or Android platforms for use in connection with Legato’s products (the “Applications”); (iii) Legato retail demonstration tool, which may be available as an app or webapp at various retail partner locations (the “Retail Demonstration Tools”); (iv) the Legato hearing screening tests, which are interactive, non-diagnostic screening tools for evaluating hearing health, which may be made available in various versions either directly through the Website, Application or as a standalone app or webapp (the “Hearing Screener Tests”), collectively the Website, Applications, Retail Demonstration Tools, and Hearing Screener Test, the “Properties”. “You” are a user of the Properties, and “you” may refer to an individual entering into these Terms & Conditions of Use to access and use the Properties on your own behalf or an individual that is accessing and using the Properties and entering into these Terms & Conditions of Use on behalf of a business or other legal entity. Your authorization and/or license to access and use the Properties is subject to your prior acceptance of and your full compliance with these Terms & Conditions of Use (these “Terms”). Legato reserves all rights in and to the Properties not expressly granted to you under these Terms.
BY ACCESSING, DOWNLOADING, AND/OR USING THE PROPERTIES, OR BY CHECKING OR CLICKING THE “I AGREE,” “I CONSENT”, OR SIMILAR BUTTON OR BOX IF AND WHEN THIS OPTION IS PRESENTED TO YOU, YOU:
(A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS;
(B) REPRESENT THAT IF YOU ARE AN INDIVIDUAL ENTERING INTO THESE TERMS ON YOUR OWN BEHALF, YOU ARE 18 YEARS OF AGE OR OLDER;
(C) REPRESENT THAT IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A BUSINESS OR LEGAL ENTITY, YOU ARE 18 YEARS OF AGE AND YOU ARE FULLY AND DULY AUTHORIZED TO AGREE TO BE BOUND BY THESE TERMS ON SUCH BUSINESS’S OR LEGAL ENTITY’S BEHALF;
(D) AGREE TO AND ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS; AND
(E) EXPRESSLY AGREE THAT ANY DISPUTE (AS DEFINED IN SECTION 22(A) BELOW) ARISING OUT OF OR RELATED TO THESE TERMS OR THE BREACH HEREOF WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS, DOWNLOAD, INSTALL, OR OTHERWISE USE THE PROPERTIES.
PLEASE READ THESE TERMS CAREFULLY AS THEY LIMIT OUR POTENTIAL LIABILITY TO YOU AND RESTRICT YOUR ABILITY TO BRING ACTIONS AGAINST US IN CONNECTION WITH YOUR USE OF THE PROPERTIES.
Authorization and License to Use.
We grant you a limited, revocable, non-exclusive, and non-transferable authorization to access and use the Properties and their contents and, in the case of the Application, a license to download, install, and use such Application only on a mobile product that you own or control (your “Mobile Device”), in each case for your personal and non-commercial purposes only and strictly in accordance with these Terms. These Terms will govern any content, materials, or services accessible from or within the Properties as well as any upgrades we provide that replace or supplement the Properties from time to time, unless such upgrades are accompanied by separate or additional terms and conditions. You acknowledge and agree that the Properties are provided under limited authorization and/or license, and not sold, to you. You do not acquire any ownership interest in the Properties under these Terms, or any other rights thereto other than to use the Properties in accordance with and subject to all terms, conditions, and restrictions under these Terms. Legato and its licensors reserve and shall retain their entire right, title, and interest in and to the Properties and all content and materials made available to you through the Properties, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
Limitations and Restrictions.
Except as and only to the extent that any of the following limitations and restrictions are prohibited by applicable law, you may not: (a) copy any of the Properties or any content, data, or materials included therein; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Properties; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Properties or any part thereof (including any updates) or the underlying structure, ideas, know-how, or algorithms relevant to the Properties; (d) remove, delete, alter, or obscure any trademarks or any copyright, patent, or other intellectual property or proprietary rights notices from the Properties; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Properties, or any features or functionality of the Properties, to any third party for any reason; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Properties; (g) input, upload, transmit, or otherwise provide to or through the Properties any information or materials that are unlawful or injurious, or contain, transmit, or activate any virus, malware, or other harmful code; (h) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner Legato’s or its service providers’ servers or systems associated with the Properties or its or their ability to provide services to any third party; (i) access or use the Properties (or any content, data, or materials available via the Properties) in any way that infringes, misappropriates, or otherwise violates any intellectual property right, privacy right, right of publicity, or other right of any person or entity, or that violates any applicable law or regulation; (j) threaten, harass, abuse, slander, or defame others; (k) publish, distribute, promote, or disseminate any inappropriate, profane, vulgar, defamatory, discriminatory, sexually explicit, infringing, obscene, tortious, indecent, unlawful, offensive, immoral, or otherwise objectionable material or information; (l) upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation (commercial or otherwise); (m) cause the Properties or portions of them to be displayed, or appear to be displayed, by framing, deep linking, in-line linking or similar device on any other site; (n) use any manual process (such as taking screenshots, printing, downloading, or otherwise capturing) or automatic process (such as using robots, spiders, or other automatic devices) to monitor or make a copy of any of the material on the Properties without our prior written consent; (o) use the Properties to impersonate or attempt to impersonate any person or 3 organization, or misrepresent your identity or affiliation with any person or organization; or (p) aid or assist any other person in taking any of the actions prohibited by this Section 3. If you sell or gift your Mobile Device to a third party, you must remove the Application from the Mobile Device before doing so. If you are a business or legal entity accessing and using the Properties under these Terms, you acknowledge and agree that you are fully responsible for ensuring that your employees, consultants, advisors, contractors, agents, representatives, and any other personnel or other individuals associated with you comply in full with the terms, conditions, and restrictions under these Terms and that you are responsible for and liable for any act, omission, or violation of these Terms by such persons as it relates to the Properties or these Terms or any of the subject matter hereof the same as if you had committed such act, omission, or violation yourself, directly. For the avoidance of doubt, if you or any such person violates any of the foregoing prohibitions, your right to access and use the Properties will cease immediately, without any further action or notice required from us.
Changes to the Terms.
We may revise and update these Terms from time to time in our sole discretion. Changes are effective immediately when we post them, but are not retroactive. Your continued use of the Properties following the posting of revised Terms means that you accept and agree to the changes. You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Properties if you do not want to agree to the revised Terms.
Acceptance of Privacy Policies.
You may be required to provide certain information about yourself as a condition to creating an account on our Properties or in connection with downloading, installing, accessing and/or using the Properties or certain of their features or functionality, and certain information about yourself may be collected automatically as you navigate through or interact with the Properties. Such information may include data that is linked or reasonably linkable to you and that identifies your past, present, or future physical or mental health status (“Consumer Health Data”).
Excluding Consumer Health Data, all information we collect through or in connection with the Properties is subject to the Legato Audio General Privacy Policy (available online at https://www.legatohearing.com/pages/privacy-policy). All Consumer Health Data we collect through or in connection with the Properties is subject to the Legato Audio Consumer Health Data Privacy Policy (https://www.legatohearing.com/privacy-policy). The Legato Audio General Privacy Policy and Legato Audio Consumer Health Data Privacy Policy are, collectively, our “Privacy Policies”. By downloading, installing, accessing, using, and providing information about yourself (including Consumer Health Data) to, through, or in connection with your use of the Properties, or by clicking to accept or agree to these Terms when this option is made available to you, you consent to all actions taken by Legato with respect to your information (including Consumer Health Data) in compliance with our Privacy Policies. If you do not want to agree to our Privacy Policies, you must not use our Properties or provide us with any of your information.
Accessing the Properties; Suspension of the Properties.
You are responsible for making all technical arrangements necessary to ensure you can access and use the Properties. To access the Properties or some of the resources it offers, you may be asked to register for an account and provide certain related information about yourself. You must provide information that is 4 correct, current, and complete. When using our Properties your telecommunications carriers’ normal rates and charges may apply. We are not responsible for any charges you incur from your telecommunications carriers as a result of your use of our Properties. You are responsible for ensuring that, at all times while using our Properties, you are not in violation of your agreements with your telecommunications carriers. We may suspend or deny your access to or use of all or any part of the Properties without any liability to you or others, if (a) we are required to do so by law or court order; (b) you have accessed or used the Properties beyond the scope of the rights granted under or otherwise in violation of these Terms (including a failure to comply with the limitations and restrictions described in Section 3 above); (c) you have been involved in any fraudulent, misleading, or unlawful activities relating to or in connection with the Properties or your interactions with other users of the Properties; or (d) you have otherwise failed to comply with these Terms.
Account Security.
If you choose, or are provided with, a user name, password, or any other piece of information to access certain parts or features of the Properties, you must treat such information as confidential, and you must not disclose it to any other person or entity. If you have registered for an account on our Properties, you also acknowledge that your account is personal to you and agree not to provide any other person with access to the Properties or portions of it using your user name, password, or other security information. If you permit any other person to use your account, you will be responsible for their activities while using the Properties. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, if in our opinion, the continued use of that user name, password, or other identifier would be inappropriate.
User Contributions.
The Properties may contain product review forums, message boards, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or persons content or materials (collectively, “User Contributions”) on or through the Properties. You must own or control all rights in and to your User Contributions, and all of your User Contributions must comply with the content standards set out in Section 9 of these Terms of Service (the “Content Standards”). Any User Contribution you post to the Properties will be considered non-confidential and non-proprietary. By providing any User Contribution on the Properties, you grant us and our affiliates and service providers the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible for the content or accuracy of any User Contributions posted by you or any other users of the Properties. We may remove or refuse to post any User Contributions for any or no reason in our sole discretion, and we may take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions violate these Terms (including but not limited to the Content Standards set forth herein), infringe any intellectual property right or other right of any person or entity, threaten the personal safety of users of the Properties or the public, or could create liability for us. We may disclose your identity or other information about you to any third party who claims that User Contributions posted by you violate their rights, including 5 their intellectual property rights or their right to privacy. Notwithstanding the foregoing, we do not undertake to review all material before it is posted to the Properties, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE PROPERTIES IN CONNECTION WITH YOUR USE OF THE INTERACTIVE SERVICES, YOU HEREBY AGREE TO RELEASE US (AND OUR OWNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Content Standards.
User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (c) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote, or assist any unlawful act; (g) impersonate any person or misrepresent identity or affiliation with any person or organization; (h) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, bartering, or advertising; or (i) give the impression that such User Contributions originate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement.
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any User Contributions violate your copyright, please see our Copyright Policy (https://www.legatohearing.com/pages/legal) for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts or access privileges of repeat infringers.
Cooperation With Authorities.
WE RESERVE THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING US TO DISCLOSE THE IDENTITY OR OTHER INFORMATION OF ANYONE POSTING ANY MATERIALS ON OR THROUGH THE PROPERTIES. YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY US.
Reliance on Information Posted.
The information presented on or through the Properties is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Properties, or by anyone who may be informed of any of its contents.
Not Medical Advice.
Legato does not offer medical or any other health care advice, diagnosis, or treatment. Your use of the Properties and any products or services we provide is not intended to be a substitute for medical or health care advice, diagnosis, or treatment. You should consult your health care providers if you have any questions regarding a medical condition.
Changes to the Properties.
We may from time to time in our sole discretion develop and provide updates to the Properties, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Properties. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Properties. With respect to Updates to our Application, based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the Updates will automatically download and be installed; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Properties and be subject to all terms, conditions, and restrictions under these Terms.
Third-Party Materials.
The Properties may display, include, or make available certain third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites, social media platforms, or other services, including through third-party advertising (the “ThirdParty Materials”). You acknowledge that we are not responsible for these Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and any links or other access thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on any Third-Party Materials at any time without notice or liability to you.
Geographic Restrictions.
The owner of the Properties is based in the state of Massachusetts in the United States. We provide the Properties for use only by persons located in the United States. We make no claims that the Properties or any of its content is accessible or appropriate outside of the United States. Access to the Properties may not be legal by certain persons or in certain countries. If you access the Properties from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Additionally, hereby represent and warrant that (a) you are not located in a country that has been designated by the U.S. government as a “terrorist supporting” country; and (b) you are not listed on any U.S. government list of prohibited or restricted parties.
Termination.
7 These Terms are effective until terminated by you or us. Your rights under these Terms will terminate immediately and automatically without any notice to you if you fail to comply with any provisions herein. You may terminate these Terms by permanently ceasing all use of the Properties and by deleting the Application and all copies thereof (if any) from your Mobile Device. We may terminate these Terms (and your right to access and use the Properties) at any time without notice, for any reason or for no reason, including, but not limited to, if we cease to support the Properties, which we may elect to do in our sole discretion. Upon termination, all rights granted to you under these Terms will also terminate and you must cease all use of the Properties and delete all copies of the Application from your Mobile Device. Termination will not limit any of our rights or remedies at law or in equity.
Disclaimer of Warranties
We strive to provide a reliable and useful experience when using our Properties, but do not guarantee that the Properties will be available at any specific time and will not be liable for any reason if you cannot access the Properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PROPERTIES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROPERTIES AND ANY SUPPORT OR OTHER SERVICES THAT MAY BE PERFORMED OR PROVIDED BY OR RELATED TO THE PROPERTIES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PROPERTIES AND ANY RELATED SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF TITLE, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation on Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LEGATO BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER, MOBILE DEVICE OR OTHER EQUIPMENT FAILURE OR MALFUNCTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PROPERTIES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY OR AS SET FORTH IN A SEPARATE AGREEMENT BETWEEN YOU AND US GOVERNING YOUR PURCHASE OF ONE OF OUR PRODUCTS) INCURRED IN CONNECTION WITH YOUR USE OF THE PROPERTIES EXCEED $100.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROPERTIES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 22. Indemnification. You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including actual attorneys’ fees, arising from or relating to your misuse of the Properties or your breach of these Terms. 23. Dispute Resolution; Binding Arbitration; Governing Law. (a) PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. EVERY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND/OR THE PRIVACY POLICIES OR A BREACH THEREOF (A “DISPUTE”) WILL BE RESOLVED IN ACCORDANCE WITH THIS SECTION. (b) These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. You and Legato hereby irrevocably and unconditionally submit and attorn to the personal and exclusive jurisdiction of the state courts and federal courts located in Boston, Massachusetts, for resolution of any lawsuit or court proceeding permitted under these Terms. (c) This Section 22(c) through Section 22(i) is referred to as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and us relating to the Properties, these Terms, and/or the Privacy Policies, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by agreeing to these Terms, you and Legato each waive the right to a trial by jury or to participate in a class action. This Arbitration Agreement includes all claims arising out of or relating to any aspect of these Terms and/or the Privacy Policies, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Each party’s rights will be determined by a neutral arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Notwithstanding the foregoing, this Arbitration Agreement shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Arbitration Agreement. (d) You and Legato agree that each may bring claims against the other only on an individual basis and not as plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Legato agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory 9 relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). (e) Legato is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly by emailing our customer experience team at: support@legatohearing.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Legato should be sent to Legato Audio, Inc., Attention: Legal Department, 14 Milliston Road #212, Millis, MA 02054, Millis, MA 02054. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Legato and you do not resolve the claim within sixty (60) calendar days after the Notice is received, Legato or you may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Legato or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Legato is entitled. (f) Arbitration will be conducted by a single, neutral arbitrator through National Arbitration and Mediation (“NAM”) under its operative Comprehensive Dispute Resolution Rules and Procedures (“NAM Rules”), available at https://www.namadr.com/resources/rules-fees-forms, as modified by this Arbitration Agreement. If the arbitration is filed with a different arbitration provider than the one required by this Arbitration Agreement, that provider shall immediately dismiss the arbitration demand. Any arbitration hearing will take place at a location to be agreed upon in Boston, Massachusetts. If the parties are unable to agree on a location within Boston, Massachusetts, the determination shall be made by NAM. If there is any inconsistency between any term of the NAM Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. However, a court has exclusive authority to rule on Section 22(d), including any claim that Section 22(d) is unenforceable, illegal, void, or voidable, or that it has been breached. Any challenges related to this Arbitration Agreement in court must be brought in Suffolk County, Massachusetts. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. The arbitrator is authorized to impose any sanctions under the NAM Rules or applicable federal or state law, against all appropriate represented parties and counsel. Decisions by the arbitrator are enforceable in court. Any arbitration award may be enforced (such as through a judgment) by a court in Suffolk County, Massachusetts. An arbitration award shall have no preclusive effect in another arbitration or court proceeding involving Legato and a different individual. If your claim is for $10,000 or less, Legato agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the NAM Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the NAM Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. (g) Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by NAM’s Fees for Disputes Where One of the Parties Is a Consumer, available at www.namadr.com/rescources /rules-fees-forms/, unless otherwise provided in this Arbitration Agreement. Legato will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. Payment of all other filing, administration, and arbitration fees will be governed by NAM Rules. If the arbitrator finds 10 that you cannot afford to pay the filing, administrative, hearing, and/or other fees and cannot obtain a waiver of fees from the applicable arbitration provider, Legato will pay them for you, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith. You and Legato agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees. Any payment of attorneys’ fees will be governed by the NAM Rules, or by statute. (h) All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. (i) If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 22(c) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 22(c) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms will continue to apply. 24. Severability and Waiver. Except as set forth in the Arbitration Agreement, if any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original provision and all other provisions of these Terms will continue in full force and effect. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. 25. Force Majeure. We will not be liable for any delays or non-performance of our obligations arising out of causes not within our reasonable control, including, without limitation, actions or decrees of governmental authorities, criminal acts of third parties, earthquakes, flood, hurricanes, ice storms and other natural disasters, epidemic, war, terrorism, acts of God, or fire. 26. Amendment. Except as set forth in Section 4 above titled “Changes to the Terms,” no change, consent, or waiver under these Terms will be effective unless in writing and signed by the party against which enforcement is sought. 27. No Third Party Beneficiaries. Except as provided in the immediately following sentence, these Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and/or heirs, executors, administrators, affiliates, and legal representatives, and nothing herein, express or implied, is intended to or will confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms. If (and only if) you are accessing and using the Application in connection with an iOS-based product, you acknowledge and agree that Apple Inc. (“Apple”) and Apple’s subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these 11 Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof. 28. Coordination with Apple Minimum Terms. If (and only to the extent) you are accessing and using the Application in connection with an iOS-based product (the “Apple App”), then the additional terms and conditions of this Section 27 apply to you. These Terms are concluded between you and Legato only, and not with Apple. You and Legato each acknowledge that Legato, and not Apple, is responsible for the Apple App and the content thereof, subject to the terms and conditions of these Terms. You and Legato each acknowledge that Apple does not have any obligation whatsoever to furnish any maintenance or support services with respect to the Apple App. You and Legato each acknowledge that, as between Legato on the one hand, and Apple on the other, Legato (and not Apple) is responsible for addressing any claims by you or any third party relating to the Apple App or your possession and/or use of the Apple App, including, but not limited to: (a) product liability claims; (b) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, in each case subject to the terms, conditions, and restrictions of these Terms. To the maximum extent permitted by applicable law, Apple will not have any warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Legato’s sole responsibility, subject to the terms, conditions, and restrictions of these Terms. In the event of any third-party claim that the Apple App or your possession and use of the Apple App in accordance with these Terms infringes that third party’s intellectual property rights (an “Infringement Claim”), Legato (and not Apple), will be solely responsible for the investigation, defense, settlement, and discharge of any such Infringement Claim. Notwithstanding the foregoing, Legato will have no liability or obligation with respect to any Infringement Claim to the extent based upon or arising out of: (a) access to or use of the Apple App in combination with any hardware, system, software, network, or other materials or service not provided by Legato (or authorized in the Apple App’s documentation or otherwise in writing by Legato); (b) modifications or configurations made to the Apple App, as applicable, by anyone other than Legato (or a party acting under Legato’s direction) without Legato’s prior written consent; or (c) any action taken by you relating to your use of the Properties that violates these Terms or is otherwise outside the scope of the rights and authorizations granted in these Terms. 29. Entire Agreement. These Terms, our Privacy Policies, our Copyright Policy, and any terms and conditions governing your purchase of one of our products or services (if applicable), constitute the sole and entire agreement between you and Legato with respect to the Properties and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Properties. 30. Your Comments and Concerns. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein. All other feedback, comments, questions, complaints, or requests for technical support and other communications relating to the Properties should be directed to Legato by mail, email, or telephone using the following methods: 12 • Mail: Legato Audio, Inc., Attention: Customer Service, 14 Milliston Road #212, Millis, MA 02054 • Email: support@legatohearing.com • Telephone: 1-866-4LEGATO (1-866-453-4286)