Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials
    (information or software) on The Hearing Doctor, Inc.’s web site for personal,
    non-commercial transitory viewing only. This is the grant of a license,
    not a transfer of title, and under this license you may not:

    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on The Hearing Doctor, Inc.’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Hearing Doctor, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on The Hearing Doctor, Inc.’s web site are provided “as is”. The Hearing Doctor, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Hearing Doctor, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall The Hearing Doctor, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on The Hearing Doctor, Inc.’s Internet site, even if The Hearing Doctor, Inc. or a The Hearing Doctor, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on The Hearing Doctor, Inc.’s web site could include technical, typographical, or photographic errors. The Hearing Doctor, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. The Hearing Doctor, Inc. may make changes to the materials contained on its web site at any time without notice. The Hearing Doctor, Inc. does not, however, make any commitment to update the materials.

6. Links

The Hearing Doctor, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Hearing Doctor, Inc. of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

The Hearing Doctor, Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to The Hearing Doctor, Inc.’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

In accordance with all of the HIPAA Administrative Simplification Rules, located at 45 CFR Parts 160, 162, and 164,  by clicking “I agree” you agree and acknowledge our mutual agreement to HIPAA Security Rule’s Technical Standards and Requirements:

  • While reasonable efforts will be made by the provider to maintain the confidentiality of email communications, the provider cannot guarantee that these communications will not be intercepted, misdirected, or undelivered;
  • Email communications from the patient to the provider should be limited to those that pertain to the patient’s care and treatment;
  • The patient should be made to understand that email to the provider in emergency situations are not appropriate.  In such a situation, the patient should contact emergency medical services;
  • The provider should identify in advance to the patient the email address the provider will use to communicate with the patient and the patient should only respond to email communications from the provider that come from that email address; and
  • Should the patient not adhere to the requirements of the informed consent form, the provider can terminate email communications with the patient.
  • Retention:  All email communications between a provider and his/her patients should be transferred to the patient’s medical record (electronic or otherwise) within a reasonable period of time and produced in response to an appropriate authorization for release of the patient’s medical record.  It is critical that a subsequent treating provider be able to review a patient’s medical record and understand the current state of the patient’s overall health.  The email communications between the previous treating provider and the patient are a necessary component of that understanding.
  • Auto-Reply Message:  A provider should set-up an auto-reply message on their email system stating that (1) patient email communications will be responded to in a specified time period (i.e. next business day); and (2) if you are a patient experiencing an emergency situation to immediately contact emergency medical services.
  • Confidentiality Notice:  All email from a provider to a patient should include a standard confidentiality notice informing the recipient of the email that the email message is confidential and is intended only for the individual to whom it is addressed.  The notice should also state that if the individual has received the email in error to immediately notify the provider and to delete the message from any hard drive, disk, or other means of electronic storage.
  • Email Use Restrictions:  The following restrictions should be observed by any provider who communicates with a patient via email:
  • email should only contain the minimum necessary amount of protected health information;
  • email should be written in clear and complete sentences without acronyms or abbreviations;
  • any email to a patient that is misdirected must be documented on the patient’s accounting of disclosures;
  • unless an individual is designated as the patient’s personal representative, a provider should only email the patient; and
  • if a provider believes that a patient will by reason of the subject matter, not understand an email communication or if it appears to the provider that the patient did not understand a previous email communication, the provider should no longer communicate with the patient via email regarding such subject matter, but rather should attempt to contact the patient via telephone.
  • email communications will be maintained by the patient and the doctors, Sol Marghzar, Au.D. and Miguel Angelo Avila, Au.D.,
  • email communications and appointment scheduling/reminder phone calls will be maintained between the patient and other members of the staff including: Ellie Modora, Lilly Marghzar, and  Liz Gallardo.

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.