Website Terms & Conditions of Use

Please read these terms of use carefully.  Sonova e-Hearingcare, LLC d/b/a HearingPlanet and its affiliates, successors and assigns (“the Company”, “we”, “us” or “our”) is providing the Hearing Planet website (the “Website”) to provide general information regarding the Company and the services which it offers.  By accessing or using the Website, you agree that you have read, understand and agree to be bound by these Terms & Conditions of Use, as amended from time to time. All amendments and updates to these Terms and Conditions of Use are effective immediately upon notice, which we may give by any means, including but not limited to, by posting notice of the revision on the Website homepage. If you do not wish to agree to these Terms & Conditions of Use, do not access or use any part of the Website.

The Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violation of these Terms & Conditions of Use, including without limitation, suspending or terminating any account you have created on this Website.

PLEASE NOTE: THE SERVICES ARE NOT INTENDED FOR USE IN THE EVENT OF A MEDICAL EMERGENCY.  If you think you have a medical emergency, please call 911 or your health care provider directly.

Not Medical Advice; Not Responsible for Endorsed Local Providers

You acknowledge and agree that neither the Company nor its Personal Hearing Consultants are offering you any medical advice. While the Personal Hearing Consultant may provide suggestions in connection with referring you to an Endorsed Local Provider, any information a Personal Hearing Consultant provides you is strictly informational and is not a medical service.  In the event that you are seeking hearing or other medical services, please contact a medical service provider or specialist.  Although the Company may make the information you provide to it available to a Endorsed Local Provider, you acknowledge and agree that this information is based largely on your own submissions and may not be the most current data.  The Endorsed Local Provider is not employed by the Company.  The Company makes no representations or warranties with respect to the performance of, and is not responsible OR LIABLE FOR the acts or omissions of the Endorsed Local Provider.

Product Orders

From time to time, the Company may make products available for order through the Website.  If so, the following terms shall apply in addition to any other terms of sale available on the Website. 

• Return Policy.  If you are not satisfied with a purchase you have made from the Website, please contact the Company’s audiology department at 1-800-784-4550 within 45 days for return instructions and authorization.  
• Batteries.   Please contact HearingPlanet for low cost replacement batteries: www.hearingplanet.com OR (888) 803-7407.
• Shipping and Payment Terms. Normal shipping and handling rates apply. These charges are non-refundable and will not be credited on hearing instruments returned for credit. All payment terms are net 30 days from invoice date. We will assess as 1.5% interest charge per month on all past-due balances.
   

Intellectual Property

All trademarks, logos, designs, slogans, and trade dress appearing on this Website, are owned by the Company, or their affiliate companies or service providers, or are used under license. No right or license is granted to use any trademark, service mark or logo displayed on this Website or any other intellectual property rights of the Company or any third party. You should assume that everything you see or read on this Website is copyrighted unless otherwise noted and may not be used without our written permission. The Company neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by, or affiliated with, the Company.

Disclaimer

THE INFORMATION ON THIS WEBSITE AND THE PRODUCTS PURCHASED ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OR GUARANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  THE COMPANY, ITS AFFILIATES AND SERVICE PROVIDERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, PRODUCTS PURCHASED ON THE WEBSITE AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE.

Privacy

The Company’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Company Privacy Policy, which is incorporated by reference into these Terms of Use.

Access and Interference

You agree that you will not (a) use any robot, spider or other automatic device, process or means to access the Website, (b) use any manual process to monitor or copy any of the material on this site or for any other unauthorized purpose without the prior written consent of the Company, (c) use any device, software or routine that interferes with the proper working of the Website, (d) attempt to interfere with the proper working of the Website, (e) take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure, or (f) access, reload or “refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.

Indemnification

You agree to indemnify and hold harmless the Company, and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, contractors and others involved in the Website or the delivery of products, services or information over the Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use or any products, services or information obtained from the Website.

Applicable Law

These Terms & Conditions of Use shall be governed in all respects by and construed in accordance with the laws of the State of Tennessee, without regard to its conflicts of law principles.  You hereby consent to the exclusive jurisdiction of the state and federal courts located in located in the Middle District of Tennessee with respect to any action arising in connection with the Website.    

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on or linked to our Website. These third-party sites have separate and independent terms and conditions. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

If you wish to contact us about the Terms & Conditions of Use, please do so by emailing us at ContactUs@hearingplanet.com.