PLEASE READ THESE CONDITIONS OF USE FULLY BEFORE USING THIS WEBSITE.
Welcome to the America Hears website. By using the website and its related services, products, and software (collectively, the “Site”) you agree to be bound by these terms (“Conditions of Use”). You accept the current Conditions of Use each time you create an account, sign in as a guest, or log on to the Site. Additional or separate terms may apply to your interactions with other America Hears websites and to your use of individual services or features available on the Site, such as reviews. To the extent that the provisions of any additional terms conflict with these Conditions of Use, the provisions of the additional terms will govern. References to “America Hears”, “our”, “we”, or “us” may refer to Hearing Lab Technology, LLC, America Hears, and its affiliates, subsidiaries, and designees. We may make changes to the Site and these Conditions of Use. It is your responsibility to review the Conditions of Use for updates or changes each time your access the Site. IF YOU DO NOT AGREE WITH ALL OF THESE CONDITIONS OF USE, DO NOT USE THE SITE.
Use of the Site
You may use the Site for your personal, non-commercial use only. You may not use the Site if you are under the age of 18. Your use of the Site constitutes your affirmation that you are at least 18 years of age. Your use of the Site also constitutes your acceptance of these Conditions of Use as a binding agreement between you and America Hears. America Hears has relied on your acceptance of these Conditions of Use as a condition to providing you with access to and use of the Site, and your use of the Site constitutes acknowledgement of such reliance and consent to be bound by these Conditions of Use to the same extent as if you signed a written contract with America Hears.
Errors on Our Site
We try to be as accurate as possible. However, we do not warrant or represent that product descriptions or other Site content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change and may vary. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, rarely an item in our product catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order. We cannot warrant that the Site or its features will be error-free, capable of operating without interruption, virus-free, malware-free, or free of other harmful content.
Paying for Your Order
Generally, we’ll charge your card for an item when we ship the item to you or confirm its availability. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you preorder with a debit card, we’ll debit your card when you place the preorder. You are responsible for paying all charges incurred on your account.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-address, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.
All content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work and original compilation under U.S. and international laws, and Hearing Lab Technology, LLC owns, to the fullest extent allowed by law, the copyright and all proprietary rights, title and interest in the use, selection, coordination, arrangement, enhancement and underlying methodology of all Content. You may not remove or modify any copyright, trademark and other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, store, mirror, reproduce, display, reverse engineer, decompile, translate, download, upload, post, attempt to control, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The America Hears name, marks and logos and other names, logos and marks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by America Hears and may not be reproduced, copied, used, or manipulated in any manner without the express, written approval of the name, logo or mark owner. Failure to abide by these requirements may subject you to civil and criminal penalties.
Reviews, Comments, Communications, and Other Content
You may interact with the Site and America Hears in numerous ways, including Reviews and Ratings, Videos, Questions and Answers, Community Forums, testimonials, e-mail communication, and other information that you choose to submit on the Site (collectively referred to as “Voluntary Disclosure(s)”). It is solely within your discretion as to whether or not to submit any such Voluntary Disclosure on the Site. Any Voluntary Disclosure submitted by you will be considered non-confidential and non-proprietary, without any expectation or obligation of confidentiality, and you hereby grant America Hears a perpetual, irrevocable, royalty-free, worldwide, fully paid, sub-licensable, transferable right and license to use, modify, reproduce, disclose, store, broadcast, mirror, translate, download, upload, post, assign, transfer, prepare derivative works, sell, transmit, publish, display, delete, and distribute any Voluntary Disclosure you send to us in any media, without restriction or consideration. You also grant us the right to use the name you use when you submit content to us, in connection with Voluntary Disclosures. When you submit Voluntary Disclosures to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, controversial, discriminatory, deceptive, objectionable, pornographic, abusive, offensive, defamatory, libelous, hateful, racist, biased, threatening, or harassing. Further, you are prohibited from making any Voluntary Disclosure that may infringe or violate the rights of a third party, including without limitation, trademarks, copyrighted material, or privacy rights of others.
Notification of Claims of Intellectual Property or Copyright Infringement
If you believe that your intellectual property or copyrighted material may have been infringed, please provide America Hears’s Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property claimed to have been infringed, or if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
America Hearss’s designated agent to receive notifications of claimed infringement can be reached by:
For additional information regarding this procedure, please reference 17 USC 512.
Disclaimers and Limitation of Liability
THIS SITE IS PROVIDED BY America Hears ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. America Hears MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE America Hears SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE America Hears SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, America Hears DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY. WITHOUT LIMITING THE FOREGOING, America Hears DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE America Hears SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE America Hears SITES, THAT YOUR USE OF THE America Hears SITES IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN RELIANCE UPON THE INFORMATION AND CONTENT FOUND ON THE SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU HAVE A PROBLEM WITH THE SITE, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL America Hears OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OWNERS, REPRESENTATIVES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF, IN CONNECTION WITH, OR RELATED IN ANY WAY TO THE USE OF OR INABILITY TO USE THE America Hears SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF America Hears HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING AND APPLICABLE LAW, IN NO EVENT WILL America Hears OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OWNERS, REPRESENTATIVES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES EXCEEDING THE LESSER OF $1,000 OR THE TOTAL FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE America Hears SITES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Links to Third-Party Web Sites
Certain software or other materials (“Software”) that you may obtain through the Site may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restriction, law, or regulation.
You are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer. If you discover or believe that there has been unauthorized access or use of your account, you should contact us immediately. We have no responsibility for any activities that occur under your account and password, and you shall release and hold us harmless from any fraudulent, unauthorized, or otherwise improper use of your account information. You may not use the Site or our products for statistical, commercial, or unlawful purposes. Activities including, but not limited to, tampering or interfering with the Site whether through the use of any device, software or routine, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Site are prohibited.
You may not violate or attempt to violate the security of the Site, including by, without limitation, (a) accessing data or any portion of the Site not intended for you or logging onto a server or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with the Site or service to any user, host or network, including without limitation via means of submitting a virus, worm, defect, Trojan horse, trap door, back door, malicious code or other destructive item to the Site, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (g) transmitting any hidden content, using any data mining or information collection or extraction tools; (h) inlining, deep linking, phishing, utilizing SQL injection, or cross site scripting; or (i) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of America Hears, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Conditions of Use. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available browsers. As a user of the Site, you waive any right to claim nominative and/or fair use in connection with any infringement action brought by or on behalf of America Hears.
Applicable Law/Disputes and Claims
This Site is created for use solely within the United States of America. Use of the Site in contradiction of applicable United States law is strictly prohibited. These Conditions of Use shall be construed, enforced and governed by the laws of the State of Texas, without giving effect to any principles of conflicts of laws that may impose the laws of any other jurisdiction. If there is any dispute concerning the Conditions of Use or related to the Site, the parties to the dispute shall negotiate in good faith to resolve the dispute. If the parties cannot reach a resolution, they will submit such dispute promptly to mediation. Such mediation shall be held in Dallas County, Texas. Any dispute that cannot be resolved through mediation shall be resolved exclusively within the federal or state courts within Dallas County, Texas. As a user of the Site, you submit to the exclusive and personal jurisdiction of such courts and hereby waive any claim that such jurisdiction or venue is improper or inconvenient. Further, any claims arising in connection with your use of the Site must be brought within one (1) year of the occurrence of the event giving rise to such action or they shall be forever barred. Your remedies under these Conditions of Use are exclusive and are limited to those expressly provided for herein.
Termination of Use
We may, in our sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of the Site at any time without prior notice. Any violation of these Conditions of Use automatically terminates your permission to use this Site.
You agree to defend, indemnify, and hold harmless America Hears and its affiliates, employees, directors, officers, owners, representatives, agents, vendors, suppliers, and each of their successors and assigns from and against any and all claims, liabilities, demands, losses, damages, costs, and expenses, including attorneys’ fees and expenses, arising from or related to your use of the America Hears Site or any breach by you of these Conditions of Use or applicable law.
The cost of shipping and handling will be the responsibility of the customer. A shipping amount will be added to your order at checkout based on the anticipated cost to ship the product to you. Should an error occur when calculating your shipping cost during checkout, America Hears reserves the right to make any necessary revisions to the shipping amount or to cancel your order.
America Hears will ship orders usually by UPS Ground. America Hears will also make an effort to contact customers who place significant orders that may be delivered via LTL (Less Than Truckload) should the customer have a shipping/receiving dock to inquire which method the customer would prefer (i.e. UPS Ground or LTL).
America Hears cannot ship to: PO boxes, APO/FPO (military addresses), or anywhere outside the continental U.S.
No Third Party Beneficiaries
No third party beneficiary rights are conferred by these Conditions of Use.
Questions and comments should be directed to America Hears through the “Contact Us” page. Formal notices to America Hears should be sent via certified mail and/or nationally recognized courier service to: 3385 Roy Orr Blvd., Ste. A, Grand Prairie, TX 75050. America Hears may provide notices to Site users by posting the notices on the Site, via e-mail, or other electronic transmission, if applicable. You agree to receive notices electronically, and any notice provided to you in electronic format shall satisfy any requirement that notice be provided in writing.
These Conditions of Use represent the complete agreement between the parties and supersede and merge all prior or contemporaneous understandings, agreements and representations between them, whether written or verbal. Headings used in these Conditions of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Conditions of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the other terms of these Conditions of Use shall remain in full force and effect. The failure or delay of America Hears to act with respect to a breach of these Conditions of Use by you or others does not constitute a waiver and shall not limit America Hears’s rights with respect to such breach or any subsequent breach.
These Conditions of Use are effective as of October 20, 2016.