Agreement between user and ICANHEAR.COM
Welcome to icanhear.com. The icanhear.com website (the “site”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “terms”). Your use of icanhear.com constitutes your agreement to all such terms. Please read these terms carefully and keep a copy of them for your reference.
Icanhear.com is an e-commerce site retailing products and services for the hard of hearing community.
Hearing aids from icanhear.com are class 1 hearing aid devices under FDA regulations. For mild to moderate hearing loss and are not suitable for anyone under 18 years of age. As with all medical issues, please consult a physician prior to use or if you have any questions. Individual results will vary, read all instructions/disclosures before use.
Hearing loss may be a symptom of a more serious medical condition or the result of excessive wax build-up. A physician may be able to treat these conditions. If you have not already done so, consult your doctor to rule out any of these medical concerns. If you have, or think you may have, any of the following conditions, we recommend consulting a doctor before purchasing any hearing aid:
I have been advised by icanhear.com. That the food and drug administration have determined that my best interest would be served if i had a medical evaluation by a licensed physician, preferably a physician who specialized in diseases of the ear, before purchasing a hearing instrument; or a test by a licensed audiologist or licensed hearing instrument dispenser utilizing established procedures and instrumentation in the fitting of hearing instruments. I do not wish either a medical evaluation or test before purchasing a hearing instrument.”
Visiting icanhear.com or sending emails to icanhear.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that icanhear.com is not responsible for third party access to your account that results from theft or misappropriation of your account. Icanhear.com and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Icanhear.com does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use icanhear.com only with permission of a parent or guardian.
Our no quibble, 60-day, money back guarantee policy is exactly that – if you don’t like, or you’re unhappy with any item you have bought from icanhear.com.com, you can return it to us up to 60 days after it has been dispatched, for replacement or full product refund. If you wish to return goods after 60 days of shipping, then you should first contact our customer care department to see whether a return is appropriate. To return goods you need to contact us to obtain a return authorization number (ran). You can request one by emailing firstname.lastname@example.org or calling us on 1-844-882-7370. The ran should be quoted on an accompanying letter to explain the reason for return and ideally a copy of the original invoice or serial number. We recommend you obtain proof of delivery when returning any item to us. You will be notified by email, phone or in writing when your returned goods have been received by us. Please note refunds can take up to 30 days to appear in your account once we have received your item/s although it is normally within 7 days.
In the unlikely event your purchase is received by you and is damaged and not in working order at the time of receipt and you are not in fault as to the damage or for its failure to work then you must also contact the number above under return policy and follow the instructions for return. If we verify that the purchase is not working or was damaged through no fault of yours, you will receive a refund of all monies paid including shipping and handling.
Notice of cancellation
Enter date of transaction
You may cancel this transaction, without any penalty or obligation, within 60 days from the above date.
If you cancel, any property traded in, any payments made by you under the contract or sale less any nonrefundable restocking fee, and any negotiable instrument executed by you will be returned within 30 business days following receipt by the seller of your cancellation notice and all merchandise pertaining to this transaction, and any security interest arising out of the transaction will be cancelled.
If you cancel, you must return to the seller, in substantially as good condition as when received, any goods delivered to you under this contract or sale.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to (name of seller), at (address of seller’s place of business) and (seller’s telephone number) no later than midnight of …………. (date).
I hereby cancel this transaction.
(date)…………………………………. (buyer’s signature)”
Service, repair, replacement
after your sixty (60) day trial period has expired, the cost of any equipment service, repairs, replacement parts, and/or battery replacement service is solely your responsibility unless the equipment is still under manufacturer’s warranty and we deem it to be a manufacturer defect in our sole discretion or covered under a product service contract. (select the “service contract” option at checkout or call 844-226-4327 for more information or to order).
your order will ship via usps, fedex, ups, or another carrier. Please allow four (4) to six (6) weeks for delivery, though in most cases, your order will be delivered within seven (7) to fourteen (14) days. You do not need to be present to accept delivery of your package. We are not responsible for delays in making delivery or failure to make delivery due to causes beyond our control including, but not limited to, acts of regulations of any governmental authority, fire, work stoppages or slowdowns, accident, flood, war, national emergency, acts of god, public disorder, transportation shortages or delays, and shortages of fuel or materials.
No unlawful or prohibited use/intellectual property
All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of icanhear.com or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site. Icanhear.com content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of icanhear.com and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of icanhear.com or our licensors except as expressly authorized by these terms.
The service is controlled, operated and administered by icanhear.com from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the icanhear.com content accessed through icanhear.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless icanhear.com, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the site or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Icanhear.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with icanhear.com in asserting any available defenses.
Class action waiver
Any arbitration under these terms and conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and employer agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Icanhear.com and/or its suppliers may make improvements and/or changes in the site at any time.
Icanhear.com and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Icanhear.com and/or its suppliers hereby disclaim all warranties and conditions about this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Opt out procedures
By making a purchase on icanhear.com or requesting information, you elect to opt into our customer contact and incentive program, by which you will receive occasional emails regarding warranty tracking and confirmation, customer follow-up, product and accessory sales, discounts, and newsletters. Although most of our customers tell us that they look forward to receiving these offers, we recognize your right to discontinue this service. To elect not to receive future email communications, send an email to email@example.com.
Icanhear.com reserves the right, in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the United states of America and you hereby consent to the exclusive jurisdiction and venue of courts in the USA in all disputes arising out of or relating to the use of the site. Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and icanhear.com as a result of this agreement or use of the site. Icanhear.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of icanhear.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the site or information provided to or gathered by icanhear.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and icanhear.com with respect to the site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and icanhear.com with respect to the site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
By selecting an available option, completing the order form and paying the associated fee (“fee”), you are making a purchase (“purchase”). When you purchase, you are agreeing to abide by the terms of this agreement and represent and warrant that you
If you do not agree with the foregoing, you may not purchase and must return hearing aid(s) and all associated ancillary parts and materials to us if have purchased a hearing aid. This agreement is deemed to be received by you and is effective on the date on which you purchased (“effective date”) and continues until terminated by either party.
All prices listed are US. dollars (“usd”). A standard shipping and handling fee may be assessed on all qualifying orders. Expedited shipping may be available for an additional cost. Acceptable forms of payment include debit or credit cards with the visa, MasterCard, American Express, PayPal or Discover. By providing your account information at checkout, you authorize us to charge your credit card for the full amount due at checkout if you select our single payment option. If you opt for our easy payment plan, you authorize us to charge the initial payment to your credit card upon checkout, followed by easy payments, billed to your credit card every thirty (30) days thereafter. Although your credit card may not actually be charged until your shipment is processed, funds will be reserved against your account for up to thirty (30) days as a result of our authorization. If your card is being declined and you have verified that you have entered your information correctly, please contact your bank directly to resolve issues such as these if your bank cannot provide us with information about why your payment declined, another alternative is to select a different payment method. You agree to timely payment of all charges in accordance with your cardholder agreement with the card issuer. It is your responsibility to report any billing discrepancies to us within sixty (60) days after such discrepancy appears on your statement
I have been advised by icanhear.com. That the food and drug administration have determined that my best interest would be served if I had a medical evaluation by a licensed physician, preferably a physician who specialized in diseases of the ear, before purchasing a hearing instrument; or a test by a licensed audiologist or licensed hearing instrument dispenser utilizing established procedures and instrumentation in the fitting of hearing instruments. I do not wish either a medical evaluation or test before purchasing a hearing instrument.”
Protection plan terms:
This is not an insurance policy; it is a service contract.
What is/is not covered: unless otherwise advertised, one (1) recharge hearing aid kit, which includes one (2) ear pieces, one (1) charger, one (1) power cord, one (1) ac adapter, (singularly or collectively “covered device”), is covered by this contract. If additional kit(s) and/or earpiece(s) are purchased, a separate contract is required. Under the service contract, if a major component of a covered device stops working due to defect, damage or normal wear and tear, we will replace the covered device with the same or comparable model. Normal wear and tear include problems that happen over time, like wax build up and excessive battery drain. Major components are defined as the earpiece, hearing aid battery, charger, power cord, and ac adapter. Theservice
Contract does not cover ear caps or tubes, cleaning brush, and/or ancillary maintenance tools/products (i.e. Cleaning wipes, ear lube, etc). Loss is also not covered under the service contract. Upon replacement, the replacement part immediately becomes the covered device. You hereby assign to us all rights and benefits of any manufacturer’s warranty or other ancillary coverage relating to any covered device that we replace. We shall have the sole authority to determine whether to replace any unit, and at our discretion may deny any replacement service in the event we determine that you intentionally abused the unit. This agreement provides no other services, coverage or remedies except as specifically provided.
Contract period: original purchaser is eligible for enrollment within thirty (30) days of purchase of full kit or additional earpiece or during special enrollment periods advertised by us. If covered device is subject to a sixty (60) day trial period at time the service contract is purchased and covered device is returned for a refund during sixty (60) day trial period, this service contract will also be canceled, and a full refund issued provided that a claim has not been made during the sixty (60) day trial period. Call 1.844-226-4327 to add coverage. This service contract is only applicable to products purchased directly from us. You are encouraged to keep a copy of this contract along with your receipt, order confirmation or shipping document for future reference and verification purposes. Your term and coverage commence immediately upon purchase, and continue a monthly basis, or for another term you may select at time of purchase, until terminated.
Payment of fee(s)/cancellation: a renewal notice will be mailed to you a minimum of thirty (30) days prior to expiration of your current term. If payment is not received prior, contract will expire at the end of the current term without further notice to you. You may cancel this contract at any time provided that a claim has not been made during the thirty (30) day period prior to cancellation. If you cancel this contract within the first thirty (30) days, a full refund will be issued. If purchasing via credit card, billing occurs upon enrollment monthly thereafter, per the option chosen by you. Contract fee is charged automatically to the credit card you provide at the advertised rate until terminated by you or us. If the monthly payment option is chosen, billing occurs every thirty (30) days. You agree to pay all charges on your credit card account in accord with the terms of your cardholder agreement with the card issuer. It is your responsibility to report any billing discrepancies to us within sixty (60) days after such discrepancy appears on credit card or bank statement. After sixty (60) days, you agree that such charges will be deemed accepted for all purposes. Any refunds due will be issued via a credit to the same credit card billed within ten (10) days after your notice of cancellation is received. This contract may be cancelled by us for non-payment of the monthly or annual fee or any other charge provided for in this contract, effective on the date that payment was due. Any dispute arising from this agreement shall be solely decided in binding arbitration, and by accepting this agreement you expressly agree to such and to waive any right to pursue any claim as a class proceeding.
Changes to terms
Icanhear.com reserves the right, in its sole discretion, to change the terms under which icanhear.com is offered. The most current version of the terms will supersede all previous versions. Icanhear.com encourages you to periodically review the terms to stay informed of our updates.
Icanhear.com welcomes your questions or comments regarding the terms:
1080 Holland Drive, Suite 1.
Boca raton, fl 33487