Terms of service

Terms of Use and Purchase Policy

Effective Date: 1/31/2023

By accessing or using HearUSA’s Hearing Store websites (collectively, the “Site”) in any way, you expressly agree to be bound by the following Terms of Use and Purchase Policy of Use (collectively, the “Terms”). These Terms are provided by HearUSA, Inc. and its affiliates (collectively “HearUSA”, “we”, or “us”), and are binding between you and us. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. These Terms contain provisions limiting our liability. If you do not agree to these Terms, please do not use this Site.

1. Modification of Terms

HearUSA may modify, alter or otherwise update these Terms and additional terms and conditions applicable to this Site from time to time, without prior notice, by updating this posting. You agree that HearUSA may provide notice to you of such modifications by posting them on the Site. The date of the last modification will appear at the top hereof. Your use of the Site following any such notice will signify and constitute your assent to and acceptance of such revised Terms.

2. Use of Site and Materials

The Site is available only to persons over the age of 18. If you are under the age of 18, you may use the Site only with the involvement of a parent or legal guardian that agrees to be bound by these Terms.

You agree that your access to and use of the Site and your purchase of any Products (as defined below) will at all times comply with all applicable laws, rules, and regulations, as well as with these Terms. We reserve the right to withdraw, modify or amend this Site, and any Product, service, information, content or material we provide on the Site, in our sole discretion without notice. If we believe you are violating or may violate these Terms, we may take any action we deem appropriate or required in our sole discretion, such as (without limitation) disabling or terminating your account and/or your access to the Site, canceling your order(s), or pursuing legal or other redress.

3. Your Account and Responsibilities

The Site enables you to create an account, and using certain features of the Site may require you to create an account. When you create an account, you agree to provide, maintain, and update true, accurate, current, and complete information about yourself (and/or your company or organization) as prompted by our account registration processes. In order to register an account on the Site, you will be asked to provide us with certain information such as a username and password. You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s).

You are responsible for all activity that occurs in, through, and/or using your account, be it authorized or unauthorized. If you permit others to use your account credentials, you agree to these Terms on behalf of all other persons who use the Site under your account.

4. Ownership of Site and Content

The entire content included in and/or viewable, accessible, or discoverable via this Site, including but not limited to all information, data, text, images, graphics, software code, or other content, is the property of HearUSA and/or its affiliates, licensors, or business partners. All logos, trademarks, trade dress, service marks and trade names found on this Site are trademarks or registered trademarks of HearUSA and/or its affiliates, licensors, or business partners, and may not be used at any time under any circumstances save with the prior written permission of HearUSA. ALL RIGHTS RESERVED. Except as expressly stated in the limited rights provided under these Terms, HearUSA does not grant any express or implied right or license to you under any of its trademarks, copyrights or other intellectual property or proprietary rights.

5. User Submissions and Feedback

We welcome your comments about any of the Sites, although we do not intend to accept ideas, concepts or techniques for new services or products through the Site, or to receive confidential or proprietary information. You acknowledge that any communication or material you transmit, send, post, or otherwise submit to the Site, such as questions, comments, ideas, feedback, materials, suggestions or the like (collectively “Submissions”) will be treated as non-confidential and nonproprietary and may be used by HearUSA for any purpose, without notice to you, and without any further consent by you. We will be under no obligation whatsoever to use, respond to, or pay any compensation with respect to any Submission. By providing a Submission to us, you represent and warrant that you own or otherwise control all rights, title, and interest to that Submission, and you assign to HearUSA all worldwide right, title, and interest to the Submission, including copyright and all other intellectual property rights in and to the Submission. Accordingly, you agree HearUSA and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Submission and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

6. Purchase Policy

In addition to all other provisions of these Terms, this Section 6 sets forth terms and conditions that govern the purchase of any products available from our Site (collectively, "Products" or "Product").

Pricing; Availability; Shipping

Prices on the Site are presented in U.S. dollars. All purchases are subject to applicable taxes to be paid by the purchaser. Prices do not include shipping and handling; shipping rates will be shown at checkout.

Images of Products on our Site are for general illustration purposes only and may vary from the actual goods. You acknowledge and agree there may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, promotions, availability, or other matters relating to Products. Except as required by law, HearUSA will not be liable for these inaccuracies, omissions, or errors. We will attempt to correct such inaccuracies, omissions, or errors when brought to our attention. For example, in the event that a HearUSA product is mistakenly listed at an incorrect price, HearUSA reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.

HearUSA reserves the right to refuse or cancel any orders at any time and for any reason, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, HearUSA shall issue a credit to your payment method in the amount paid.

Products may be out of stock or discontinued. Prices are subject to change with or without notice. HearUSA reserves the right to limit the quantity of Products purchased, to change and update information relating to Products, as well as cancel orders you may have submitted (even if you received an order confirmation) if information on the Site is found to be inaccurate.

Any shipping rates and times shown are estimates only; actual delivery dates may vary. We will deliver the Products to the address you give us for delivery at the time you make your order. Title (i.e., ownership) and risk of loss for all items ordered pass to you when we deliver the goods to the carrier for shipment.

HearUSA does not claim that the information on the Site is appropriate for or applicable to your jurisdiction, or that the products described on the Site will be available for purchase in all jurisdictions.
Purchases & Payment

In making a purchase, you represent and warrant that (a) you are at least eighteen (18) years of age prior to purchasing the Products; (b) you agree to pay all fees and charges incurred in connection with your purchase of the Products, including shipping fees; (c) you agree to pay all taxes related to your purchase transactions on the Site; and (d) if HearUSA does not receive payment from your selected payment method, you agree to pay all amounts due upon demand. HearUSA’s acknowledgement and/or confirmation of an order is not acceptance of an order. HearUSA may reject or cancel an order at any time for any reason.

Our Site will indicate the methods by which you can pay for Products. Permitted payment methods may include credit or debit card, Paypal, or other methods, as indicated on our Site at our sole discretion.

If you choose to pay by credit card, you must provide a valid and authorized credit card information. You agree that HearUSA may charge the credit card at the time of your transaction.

HearUSA reserves the right to change payment methods at any time. If your payment is not received (or is reversed) but you have received the Products, you must pay for them or return them in accordance with our reasonable instructions, without damage and at your own expense. If you do not do this, we may collect or arrange for collection and we may charge you for costs and damage.
Refunds

If the Product you received is damaged, doesn’t work, or if you received the wrong Product, we have a 30-day return policy, which means you have 30 days after receiving your Product to request a return. To be eligible for a return, your Product must be in the same condition that you received it, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

To start a return, contact us at hello@hearusa.com. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Products sent back to us without first requesting a return will not be accepted.

We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund. If more than 15 business days have passed since we’ve approved your return, please contact us at hello@hearusa.com.

7. Term; Termination

These Terms, or any part of them, may be terminated by HearUSA without notice at any time, for any reason. We also reserve the right to modify, terminate or withdraw the Site or any features, content, or Products on the Site at any time without notice. Upon termination for any reason, you must cease all access to the Site, and the consequences of such denial of access are to be solely borne by you. We may investigate any suspected violation of these Terms or unauthorized use of the Site. We may take any legal action that we feel is appropriate.

You agree that HearUSA will not be liable to you or any third party for any modification, suspension, or discontinuation of the Site or these Terms, or any part thereof. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

8. Notice

HearUSA may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to any address or other contact information you have provided to HearUSA.

9. Prohibited Uses of Site

When using the Site, you agree that you will at all times comply with applicable law and regulatory requirements, and provide accurate, complete, and truthful information. By accessing our Site, you agree that you will not do any of the following, and you agree it is a condition precedent to our authorizing your access to and use of the Site, in accordance with these Terms, that you do none of the following:

Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a HearUSA or other employee, host, or representative, as well as other members or visitors on the Site is prohibited.
You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
You may not use any robot, spider, scraper, site search/retrieval application or automatic device, software, tool, routine, application or system on or to access our Site for any purpose without our express written permission, including (without limitation) to retrieve, index, scrape, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content.
You may not use any software, tool, routine, application or system to search for, reserve, buy or otherwise obtain Products, discount codes, promotional codes, vouchers, credits, gift cards, merchandise, or any other items available on the Site, or otherwise purchase Products in an automated manner.
You may not post, provide, or transmit any information that identifies any individual person, or any information that could be used to identify any individual person, unless you have that person’s express permission; or disclose any information that you do not have the consent to disclose (such as confidential information of others and your employer or company).
You may not (a) modify the content, programs, code, information, or other materials on or accessible through the Site or hack into or access HearUSA systems, servers, or the Site; override any security feature or bypass or circumvent any access controls or use limits of the Site; or "frame" or "mirror" or deep link to any part of the Site without prior express approval from HearUSA; or (b) take actions to interrupt, damage, disable, overburden, interfere with or obstruct, or limit the functionality of the Site, or any software, hardware or equipment; or submit or upload anything that contains software viruses, worms other harmful code, or any other contaminating or destructive devices or features.
You may not (i) copy, reproduce, modify, distribute, disclose, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Site, except as explicitly permitted by these Terms, or (ii) use the word "HEARING STORE" or "HearUSA" or our logos, trademarks, or other intellectual property, and/or the logos, trademarks, or other intellectual property of any third party, without prior written consent of HearUSA or the third-party owner of the trademark, logo, or other intellectual property as applicable, or (iii) otherwise infringe, violate, or misappropriate the intellectual property or other rights of HearUSA or any third parties.
You may not do anything else that HearUSA determines, in its sole reasonable discretion, is deceptive, unfair, harmful, improper, or otherwise inappropriate, misuses or otherwise negatively impacts our Site or our users.

10. Disclaimer for User-Provided Content

HearUSA does not and cannot review all post, communications, materials or other content posted to or created by users accessing the Site, and is not in any manner responsible for the content of these posts, communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, HearUSA is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. HearUSA reserves the right to block or remove any user posts, communications. materials, or other content that it determines in its sole discretion to be in violation of these Terms.

11. Third-Party Links

12. Warranty Disclaimer

THIS SITE AND ALL CONTENT, MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WITH RESPECT TO ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, TIMELINESS, OR USEFULNESS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEARUSA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH LAW, TITLE, AND NON-INFRINGEMENT. Without limiting the foregoing, HearUSA does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. HearUSA does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. We disclaim and assume no responsibility or liability arising from any material or information that may be provided by any third party or for the acts, omissions and conduct of any users, business partners, advertisers and/or sponsors on the Site. HearUSA is not responsible for the statements made by actions or failure to act of user, business partner, or other third party in connection with or referenced on the Site.

13. Limitation of Liability

YOUR USE OF THE SITE AND ANY PRODUCTS IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 13, IN NO EVENT WILL HEARUSA BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, RESULTING FROM OR RELATING TO THE SITE OR PRODUCTS OR THE USE THEREOF, WHETHER BASED ON: (A) BREACH OF CONTRACT; (B) BREACH OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF HEARUSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In all cases, HearUSA’s sole and exclusive liability for any claims whatsoever arising from or related to the Products or transactions through the Site is the amount you actually paid for Products you purchased from the Site.

14. Indemnification

You agree to indemnify, defend, and hold harmless HearUSA, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all actual or threatened claims, losses, expenses, damages and costs, including reasonable attorneys' fees (collectively a “Claim”), arising out of, resulting from or relating to any access to or use of the Site, any Product and/or the use or misuse thereof, any violation of these Terms, any violation of any intellectual property right of HearUSA or any third party, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

15. Miscellaneous

Your use of this Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods.

You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Products) shall be in the state or federal courts located in Los Angeles County, California.

Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of HearUSA products) must be commenced within one (1) year after the claim or cause of action arises.

HearUSA's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. HearUSA may assign its rights and duties under this Agreement to any party at any time without notice to you.

16. Contact Us

For questions or comments regarding these Terms or our Purchase Policy, please contact us as follows:

Hello@HearUSA.com