Terms and Conditions

Version December 10, 2018

 

iHear Medical, Inc. (“iHear”, “we”, “us”, “our”, “The Company”), is the owner and operator of the website https://www.treobyihear.com/and its landing pages (the “Site”). The following Terms and Conditions govern the use of the Site and iHear Products (the “Products”). “Client”, “You” and “Your” refers to you, the person accessing this website and by doing so, accepts the Company’s Terms and Conditions. Please read these Terms and Conditions carefully.

iHear reserves the right to alter these Terms and Conditions, with the new terms becoming effective as of the date or publishing, indicated at the beginning of the post. These terms are binding upon you and you should read them whenever you use the Site or Products.

 

Privacy

Please review our Privacy Policy, which governs your visit to the Site.

No Medical Advice

Any information supplied through this website, software applications, services, or by any of our employees or agents, whether by telephone, e-mail, letter, fax, electronic communication, live chat or other form of communication, is for informational purposes or general guidance and does not constitute medical advice or diagnosis. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

Permitted Use

The Site and Products are not intended for anyone under 18 years of age. You may not use the Site or Products for anything but for personal, non-commercial purposes. You therefore warrant to iHear that you will not use the Site or Products for anything that is unlawful or prohibited by these Terms and Conditions. We reserve the right to refuse service, discontinue transactions, terminate accounts, cancel orders, or disable Products at our sole discretion.

Children

iHear does not sell products for purchase by children. Children should not submit any Personal Information to us. If you are under 18 years of age, you may only use the Site with your parent or guardian. Parents should be aware that iHear’s Privacy Policy governs our use of Personal Information. That information which is voluntarily given by children or others in chat sessions, email exchanges, bulletin boards, live chats or the like may be used to generate unsolicited mail. iHear encourages all parents to instruct their children about the safe and responsible use of their Personal Information while using the Internet.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and other related login and account information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. In consideration of your use of this website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the forms for your account, prescription and order information (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of this website. Account Information and certain other information about you are also subject to our Privacy Policy. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Shipping

All products purchased through the Site are shipped and billed by iHear. Risk of loss passes to the purchaser upon delivery of a product to a common carrier. Orders are typically shipped standard ground. Shipping fees on returns will be incurred by the user. iHear cannot ship products outside of the United States.

Returns

Your satisfaction is guaranteed. If you are not satisfied with your iHear hearing device, you have 45 days from the date of shipment to return it and qualify for a full refund.

Unless otherwise required by law, all iHear hearing devices sold may be returned within 45 days from the date of shipment (the “trial period”). If for whatever reason you are not satisfied with your hearing device, you can return it to us for a refund of the full purchase price less return shipping fees. iHear will not refund hearing devices that were modified, damaged through no fault of iHear, or if repairs have been made without the written consent and knowledge of iHear.

Accessories, such as batteries, and ear tips, may be returned within 45 days from the date of shipment. Upon inspection of returned accessories, we will issue a refund for the full purchase price less return shipping fees.

If you are returning your product(s) during the 45-day trial period because they stopped working correctly or you are having any other issue, contact customer support at 1-844-IHEAR44 (1-844-443-2744) for assistance.

Return Process

Product(s) must be returned to iHear within 14 days from the date of issuance of a RMA number (the “RMA date”). Any product(s) received after 14 days from the RMA date will not be accepted, and the product(s) will be returned to you. If RMA occurs within the trial period, the trial period will be extended by 21 days.

 

Before returning your product(s), you must obtain a RMA by contacting customer support at support@ihearmedical.com or 1-844-IHEAR44 (1-844-443-2744. Once you have received a RMA number, please follow the steps below:

 

  1. Print the product return form downloadable online or as provided by customer support.
  2. Complete the product return form and print. Ensure that the RMA number is included.
  3. Put the product return form and the product(s) in the original product package. Use protective material to protect the product(s) from damage.
  4. Seal the package and mail it to the following address:

 

ATTN: Returns

iHear Medical, Inc.
15250 Hesperian Blvd. Suite 102
San Leandro, CA 94578

Phone: 1-844-IHEAR44

 

  1. Insure the package for an amount equal to the purchase price and/or get a tracking number and/or have signature confirmation to ensure it gets delivered to us. We cannot be held responsible for any lost or damaged shipments and will not accept products damaged in shipment.

Reselling Products Prohibited

You are absolutely prohibited from reselling in any manner any products you purchase from iHear, whether you purchased the products through the website or by any other means.

International Use

Buying iHear products from or shipping iHear products to locations outside of the USA is prohibited. In addition, iHear will not provide customer support, shipping or warranty services if you are located outside of the United States. Access to  the Site from outside of the United States is not recommended and any international use of iHear products or the Site is at your own risk. iHear is not responsible for improper operation of iHear products or the Site from outside the United States.

Reviews, Comments, Communications and Other Content

You may post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant iHear a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant iHear and any of our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this agreement and will not cause injury to any person or entity; and that you will indemnify iHear for all claims resulting from content you supply. If you use a public forum, you are solely responsible for your own communications and the consequences of posting those communications. We take no responsibility and assume no liability for any content posted by you or any third party.

Warranties (Website)

Neither iHear nor its employees, agents, Suppliers, third party information providers, merchants, licensors or the like warrant that the Site or their operation will be accurate, reliable, uninterrupted or error-free.

Without limiting the foregoing, everything on the Site is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, covering the products available on the Site and the accuracy of the information contained within your account or within the Site. iHear makes no warranties about the accuracy, reliability, completeness or timeliness of the Site’s content, software text, graphics, and links, or about results to be obtained from using the Site or iHear’s services.

If your use of iHear products or services results in the need for servicing or replacing property, material, equipment or data, iHear is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Site on behalf of iHear. iHear reserves the right to change or discontinue at any time any aspect or feature of the Site. iHear does not assume any liability for the contents of any material provided on the Site. Reliance on any information presented on the Site is at your own risk.

You acknowledge that, in connection with the Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of iHear. Accordingly, iHear assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.

Warranties (Products)

iHear provides a standard limited one (1) year manufacturer’s warranty to the original purchaser of the product sold, starting on the date of shipment of the product.

Limitation of Liability

In no event will iHear or its affiliates, or any party involved in creating, producing or delivering this service, be liable for any direct, indirect, special or punitive damages and costs (including, without limitation, health problems, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) arising out of your access, use, misuse or inability to use the Site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. iHear reserves the right to alter the content of the Site in any way, at any time, for any reason, without prior notification, and will not be liable for possible consequences of such changes. These limitations apply even if iHear has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the liability in such jurisdictions shall be limited to the extent permitted by the law.

Indemnification

Upon a request by iHear, you agree to defend, indemnify and hold iHear, its officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Products in a manner that violates or is alleged to violate these Terms and Conditions.

Software

Occasionally, we may make available a link to a third party’s website. These links will let you leave this website. The linked websites are not under our control, and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. We do not endorse any third party linked website or its use or contents.

Copyrights

iHear retains full copyright ownership, rights and protection in all material contained on the Site (including all software, HTML code, Java applets, Active X controls and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on the Site.

You may, however make single copies of materials displayed on the Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from iHear or the copyright owner of the copied material.

None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of iHear.

Trademarks

All rights in the product names, company names, trade marks, service marks, slogans, logos, product packaging and designs (“The iHear Marks”) of all iHear’s or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to iHear or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. You may not use the iHear Marks without written authorization from iHear and by using the Site, you acknowledge that the iHear Marks are valid trademarks. Third party trademarks used on the Site are the property of their respective owners.

Termination

You agree that iHear may terminate your use of the Site for any reason, with or without notice to you. You also agree that iHear may modify or discontinue the Site, with or without notice to you and that we will not be liable to you or any third party as a result of such modification or discontinuation.

General Provisions

You expressly agree that exclusive jurisdiction for any dispute with iHear, or in any way relating to your use of the Site or Products (“Legal Action”), shall be the courts of California, State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the District of Northern California. These Terms and Conditions are governed by the internal substantive laws of the State of California, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to iHear must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Notification of Changes

iHear reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your use of the Site or Products after the posting of modifications to the Terms and Conditions will constitute your acceptance of this agreement, as modified. If at any time you do not wish to accept this agreement, you are not thereafter authorized to use the Site or Products.

Survival

The provisions “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “Trademarks,” and “General Provisions” will survive termination of this agreement.

Questions

If you have any questions about these Terms and Conditions please contact iHear at legal@ihearmedical.com or call 510-276-4437.