Terms

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY PRIOR TO USING THE HTTPS://WWW.SAYWHAT-HEARING.COM WEBSITE OPERATED BY HEARING LOGIC, LLC DBA SAY WHAT HEARING HEALTH CARE (“US”, “WE”, “OUR”, “ITS”, “THEIR”, “HL”). YOUR ACCESS TO AND USE OF THIS WEBSITE/SERVICE IS DEPENDENT UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY VISITING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS THEN YOU DO NOT HAVE PERMISSION TO ACCESS THIS WEBSITE/SERVICE.

PURCHASES. IF YOU WISH TO PURCHASE ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THIS WEBSITE, YOU MAY BE ASKED TO SUPPLY CERTAIN INFORMATION RELEVANT TO YOUR PURCHASE INCLUDING, BUT NOT LIMITED TO, YOUR CREDIT CARD NUMBER, THE EXPIRATION DATE OF YOUR CREDIT CARD, YOUR BILLING ADDRESS, AND YOUR SHIPPING INFORMATION. BY COMPLETING THESE ACTIONS, YOU VERIFY THAT: (A) YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) IN CONNECTION WITH ANY PURCHASE; AND THAT (B) THE INFORMATION YOU SUPPLY TO HL IS TRUE, CORRECT AND COMPLETE. THE WEBSITE MAY EMPLOY THE USE OF THIRD PARTY SERVICES FOR THE PURPOSE OF FACILITATING PAYMENT AND THE COMPLETION OF PURCHASES. BY SUBMITTING YOUR INFORMATION, YOU GRANT HL THE RIGHT TO PROVIDE THE INFORMATION TO THESE THIRD PARTIES SUBJECT TO HL’S PRIVACY POLICY. HL RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR ORDER OR DONATION AT ANY TIME FOR REASONS INCLUDING BUT NOT LIMITED TO: PRODUCT OR SERVICE AVAILABILITY, ERRORS IN THE DESCRIPTION OR PRICE OF THE PRODUCT OR SERVICE, ERROR IN YOUR ORDER OR OTHER REASONS. HL RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR ORDER OR DONATION IF FRAUD OR AN UNAUTHORIZED OR ILLEGAL TRANSACTION IS SUSPECTED.

PARTICIPATING IN OUR SERVICE AS A REFERRAL PARTNER OR TESTIMONIAL PROVIDER. IF YOU WISH TO HAVE YOUR BUSINESS/ORGANIZATION LISTED ON THIS WEBSITE AS A REFERRAL PARTNER YOU AUTHORIZE HL TO RETAIN INFORMATION ABOUT YOUR BUSINESS/ORGANIZATION, AS WELL AS VISITORS TO YOUR RESPECTIVE PAGE(S). HL IS NOT RESPONSIBLE FOR ANY FINANCIAL LOSS, NOR DOES HL MAKE ANY GUARANTEES SURROUND PERFORMANCE AND/OR WEBSITE UP-TIME. YOU AGREE TO HOLD HL HARMLESS TO ANY LOSS OR DAMAGE OCCURRED BY USE OF THIS WEBSITE/SERVICE. YOU AUTHORIZE HL TO USE YOUR NAME, IMAGE, LOGO AND BASIC CONTACT INFORMATION IN THE SERVICE AND FUTURE MARKETING PURPOSES. IF YOU AGREE TO LET HL SHARE A TESTIMONIAL OR REVIEW YOU HAVE PROVIDED THEM ON THE HL WEBSITE OR OTHER ONLINE ACCOUNTS, YOU AUTHORIZE HL TO USE YOUR NAME, IMAGE AND BASIC CONTACT INFORMATION IN THE SERVICE AND FUTURE MARKETING PURPOSES.

USAGE/ACCOUNTS. WHEN YOU CREATE AN ACCOUNT ON THIS WEBSITE OR SIMPLY VISIT/USE THE WEBSITE, YOU GUARANTEE THAT YOU ARE ABOVE THE AGE OF 18, AND THAT THE INFORMATION YOU PROVIDE HL IS ACCURATE, COMPLETE, AND CURRENT AT ALL TIMES. INACCURATE, INCOMPLETE, OR OBSOLETE INFORMATION MAY RESULT IN THE IMMEDIATE TERMINATION OF YOUR ACCOUNT ON THIS WEBSITE. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PASSWORD, INCLUDING BUT NOT LIMITED TO THE RESTRICTION OF ACCESS TO YOUR COMPUTER AND/OR ACCOUNT. YOU AGREE TO ACCEPT RESPONSIBILITY FOR ANY AND ALL ACTIVITIES OR ACTIONS THAT OCCUR UNDER YOUR ACCOUNT AND/OR PASSWORD, WHETHER YOUR PASSWORD IS WITH OUR WEBSITE OR A THIRD-PARTY SERVICE. YOU MUST NOTIFY HL IMMEDIATELY UPON BECOMING AWARE OF ANY BREACH OF SECURITY OR UNAUTHORIZED USE OF YOUR ACCOUNT. YOU MAY NOT USE AS A USERNAME THE NAME OF ANOTHER PERSON OR ENTITY OR THAT IS NOT LAWFULLY AVAILABLE FOR USE, A NAME OR TRADEMARK THAT IS SUBJECT TO ANY RIGHTS OF ANOTHER PERSON OR ENTITY OTHER THAN YOU, WITHOUT APPROPRIATE AUTHORIZATION. YOU MAY NOT USE AS A USERNAME ANY NAME THAT IS OFFENSIVE, VULGAR OR OBSCENE. HL RESERVES THE RIGHT TO REFUSE SERVICE, TERMINATE ACCOUNTS, REMOVE OR EDIT CONTENT, OR CANCEL ORDERS IN THEIR SOLE DISCRETION. YOU AUTHORIZE HL TO USE YOUR NAME, IMAGE, LOGO AND BASIC CONTACT INFORMATION IN THE SERVICE AND FUTURE MARKETING PURPOSES. IF YOU NO LONGER WANT TO BE LISTED ON THIS WEBSITE, YOU ARE RESPONSIBLE FOR NOTIFYING HL AT OPTOUT@SAYWHAT-HEARING.COM AND ALLOW HL UP TO TEN BUSINESS DAYS TO REMOVE YOUR PAGE.

NOTIFICATIONS, ALERTS AND OTHER COMMUNICATION. WHEN YOU WILLINGLY SUBMIT YOUR CONTACT INFORMATION TO HL FOR THINGS SUCH AS (BUT NOT LIMITED TO) SIGNING UP FOR AN EMAIL NEWSLETTER, MAKING A PURCHASE AND ENTER YOUR EMAIL/PHONE, SIGNING UP FOR EMAIL/TEXT ALERTS, AND SO ON, YOU GRANT HL THE RIGHT TO REACH OUT TO YOU VIA EMAIL, TEXT AND/OR PHONE CALL AT HL’S DISCRETION. WILLING SUBMISSION OF YOUR PHONE NUMBER PROVIDES HL AUTHORIZATION TO REACH OUT EVEN IF YOU ARE ON THE DO NOT CALL (DNC) REGISTRY. YOU MAY OPT-OUT OF THESE NOTIFICATIONS AT ANYTIME BY EMAILING HL AT THIS EMAIL ADDRESS: OPTOUT@SAYWHAT-HEARING.COM.

AVAILABILITY, ERRORS AND INACCURACIES. HL IS CONSTANTLY UPDATING PRODUCT AND SERVICE OFFERINGS ON THIS WEBSITE. HL MAY EXPERIENCE DELAYS IN UPDATING INFORMATION ON THE WEBSITE AND/OR IN OUR ADVERTISING ON OTHER WEB PROPERTIES, INCLUDING BUT NOT LIMITED TO, SOCIAL MEDIA. THE INFORMATION FOUND ON THIS WEBSITE MAY CONTAIN ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. PRODUCTS AND/OR SERVICES ON OUR WEBSITE MAY BE PRICED INCORRECTLY, DESCRIBED INACCURATELY, OR UNAVAILABLE AT THE TIME OF PURCHASE AND HL CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION. HL THEREFORE RESERVES THE RIGHT TO CHANGE OR UPDATE INFORMATION AND TO CORRECT ERRORS, INACCURACIES, OR OMISSIONS AT ANY TIME WITHOUT PRIOR NOTICE. ANY OFFERS LISTED ON INDIVIDUAL PAGES PROMOTED BY A PARTICULAR BUSINESS/PRACTICE THAT IS NOT HL IS SOLELY UP TO THE DISCRETION OF SAID BUSINESS/PRACTICE AND YOU AGREE TO HOLD HL HARMLESS OF ANY FALSE CLAIMS AND/OR LACK OF FULFILLMENT.

INTELLECTUAL PROPERTY. THIS WEBSITE AND ITS ORIGINAL CONTENT, FEATURES AND FUNCTIONALITY ARE AND WILL REMAIN THE EXCLUSIVE PROPERTY OF HL AND HL’S LICENSORS. THIS WEBSITE IS PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER LAWS OF BOTH THE UNITED STATES AND FOREIGN COUNTRIES. HL’S TRADEMARKS AND TRADE DRESS MAY NOT BE USED IN CONNECTION WITH ANY PRODUCT OR SERVICE WITHOUT THE PRIOR WRITTEN CONSENT OF HL.

TERMINATION. HL MAY TERMINATE OR SUSPEND YOUR ACCOUNT AND BAR ACCESS TO OUR WEBSITE IMMEDIATELY, WITHOUT PRIOR NOTICE OR LIABILITY, UNDER THEIR SOLE DISCRETION, FOR ANY REASON WHATSOEVER AND WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO A BREACH OF THE TERMS. IF YOU WISH TO TERMINATE YOUR ACCOUNT, YOU MAY SIMPLY DISCONTINUE USING THIS WEBSITE. ALL PROVISIONS OF THE TERMS WHICH BY THEIR NATURE SHOULD SURVIVE TERMINATION SHALL SURVIVE TERMINATION, INCLUDING, WITHOUT LIMITATION, OWNERSHIP PROVISIONS, WARRANTY DISCLAIMERS, INDEMNITY AND LIMITATIONS OF LIABILITY.

LINKS TO OTHER WEB PROPERTIES. THIS WEBSITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES OR SERVICES THAT ARE NOT OWNED OR CONTROLLED BY HL. HL HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES OR SERVICES. HL DOES NOT WARRANT THE OFFERINGS OF ANY OF THESE ENTITIES/INDIVIDUALS OR THEIR WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT HL SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEBSITES OR SERVICES. HL STRONGLY ADVISES YOU TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

GOVERNING LAW. THESE TERMS SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF VERMONT, UNITED STATES, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. HL’S FAILURE TO ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS WILL NOT BE CONSIDERED A WAIVER OF THOSE RIGHTS. IF ANY PROVISION OF THESE TERMS IS HELD TO BE INVALID OR UNENFORCEABLE BY A COURT, THE REMAINING PROVISIONS OF THESE TERMS WILL REMAIN IN EFFECT. THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN HL/YOU REGARDING THIS WEBSITE, AND SUPERSEDE AND REPLACE ANY PRIOR AGREEMENTS HL MIGHT HAVE HAD BETWEEN HL/YOU REGARDING THIS WEBSITE.

CHANGES. HL RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY OR REPLACE THESE TERMS AT ANY TIME. IF A REVISION IS MATERIAL HL WILL PROVIDE AT LEAST 30 DAYS NOTICE PRIOR TO ANY NEW TERMS TAKING EFFECT. WHAT CONSTITUTES A MATERIAL CHANGE WILL BE DETERMINED AT HL’S SOLE DISCRETION. BY CONTINUING TO ACCESS OR USE THIS WEBSITE AFTER ANY REVISIONS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE REVISED TERMS. IF YOU DO NOT AGREE TO THE NEW TERMS, YOU ARE NO LONGER AUTHORIZED TO USE THIS WEBSITE.

QUESTIONS/CONCERNS. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS, PLEASE CONTACT US VIA EMAIL AT INFO@SAYWHAT-HEARING.COM.