Effective date: July 1, 2023
The following Terms of Service are for the website and service located at www.sonifyhearing.com (the “Service”). This Service is maintained and operated by Novidan, Inc. (“Sonify Hearing” or “Sonify” and referred to as “us”, “we”, or “our” as the context may require).
Your access and use of the site is subject to the following terms of service and all applicable laws. By accessing or using any part of the service, you accept, without limitation or qualification, these terms of service. If you do not agree with all of the terms of service set forth below, you may not use any portion of the service or order any products from the service.
These Terms of Service are subject to change by Sonify Hearing without prior written notice at any time, in our sole discretion. The latest version of these Terms of Service will be posted on this Service, and you should review these Terms of Service prior to using the Service or purchasing any product or service that is available through the Service. Your continued use of this Service after a posted change in these Terms of Service will constitute your acceptance of and agreement to such changes.
PAYMENT TERMS and ORDERS
The Service provides you with the ability to submit orders for products and services (“order(s)”) and you may be asked to supply certain information relevant to your order including, without limitation, your credit card or debit card number and expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card(s) or debit card(s), or Checking Accounts or other payment method(s) used by you in connection with any transaction and that all information provided in any financing application is truthful and correct. By submitting such information, you grant to Sonify Hearing the right to provide such information to third parties for purposes of facilitating the completion of orders initiated by you or on your behalf. We may require verification of information prior to the acknowledgment or completion of any order. It is your responsibility to ascertain and comply with all applicable laws with regard to the receipt, possession, use, and sale of any item purchased from this Service. Sonify Hearing reserves the right, at its sole discretion, to refuse or cancel any order for any reason. An order may not be fulfilled if you are located outside the Service’s authorized shipping area. Excluded territories may change at any time at Sonify Hearing’s discretion.
You agree to pay all charges that may be incurred by you or on your behalf in connection with all orders placed through the Service at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you are responsible for any applicable taxes in connection with your order. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. You are solely responsible for your payment information and any other content you submit on or through the Service in connection with your Order (collectively, the “Payment Information”). We have the right but not the obligation to decline all or any portion of any Payment Information for any reason or no reason. We describe our merchandise and include pictures and photographs on our Services, but sometimes the product varies slightly from the picture or description due to changes made by our suppliers, and we are not liable for these nonmaterial changes. All descriptions, images, references, content, specifications, products, and prices of products described or depicted on the Service are subject to change at any time without notice. The inclusion of any products on this Service at a particular time does not guarantee that such products will be available.
In addition, the Service may include inaccuracies or errors, including pricing errors. Sonify Hearing reserves the right to correct any pricing errors on the Service and/or pending orders made under an incorrect price. In such event, if available, Sonify Hearing will offer you the opportunity to keep your pending order at the correct price or Sonify Hearing will cancel your order without penalty. To place an order, you must be over 18 years old, and entitled to purchase a hearing aid device
RESELLING PRODUCTS IS PROHIBITED
You may not, under any circumstances, resell any products you purchase from or through Sonify Hearing, whether or not you purchased the products through the Service. You represent and warrant that you are buying products from the Services for your own personal use only, and not for resale or export.
45-DAY RISK-FREE TRIAL
If you are not satisfied with your Sonify Hearing products or any unopened accessory (the “Device”), you have the option of returning the Device within forty-five (45) days after delivery. You must call us at 1-833-668-4326 for your merchandise return authorization number and return address. Returns will not be accepted without the RMA code, and your package must be postmarked within the trial period. This trial period starts from the day of receipt. Devices must be postmarked for return to Sonify Hearing within 45 days of initial delivery. Refunds are processed within approximately five (5) business days of our receipt of your Device. Your refund will be credited to the same payment method used to make the original purchase of the Service. We offer no refunds on any products designated on this site as non-refundable.
WARRANTY & REPAIR POLICY
Sonify Hearing offers you a limited warranty valid starting from the date of delivery. Sonify Hearing includes a 1-year Limited warranty for defects in material and workmanship and 2-years on our wireless products. Failures due to earwax are not covered under warranty.
This Service is not designed to provide professional diagnosis or treatment services to you or any other individual. Through this Service and links to other web sites, Sonify Hearing provides general healthcare information for educational and informative purposes only and is not a healthcare provider. The information provided on this Service through links to other web sites, or by employees, agents or representatives of Sonify Hearing on or off this Service, by chat, email, telephone, in person or through any other form of communication, is not a substitute for medical or professional care, and you should not use the information in place of a visit, call, consultation or the advice of your physician or other healthcare provider. Sonify Hearing is not liable or responsible for any advice, course of treatment, diagnosis or any other information or product you obtain through this Service. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 911 OR YOUR PHYSICIAN, NOT CUSTOMER SERVICE. Never rely on the information on this Service in place of seeking professional medical advice. Never disregard professional medical advice or delay in seeking it because of something you have read on this Service. You should also ask your physician or other healthcare provider to assist you in interpreting any information on this Service or on any linked websites, or in applying the information to your individual case. Medical information changes constantly. Therefore, the information on this Service or on any linked websites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Sonify Hearing does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service. Reliance on any information provided on this Service is solely at your own risk.
AUTHORIZED USE OF SERVICE: This Service is provided for your personal use only. This Service is not intended for persons under the age of 18. Any other use of the Service requires the prior written consent of Sonify Hearing.
UNAUTHORIZED USE OF SERVICE: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Service or any other user’s use of the Service, including, without limitation, via means of overloading, flooding, or crashing the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Service. You may not frame portions of the Service within another website. You may not resell use of, or access to, the Service to any third party without our prior written consent.
REGISTRATION AND PASSWORDS: In order to access certain services on the Service, you may be required to provide specific information. All information about you must be correct, current, and complete, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your username, password, or other security information. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We may suspend or terminate your access at any time with or without notice. Additionally, we may modify or discontinue the Service, with or without notice to you and we will not be liable to you or any third party as a result of such modification or discontinuation.
PROPRIETARY RIGHTS: Sonify Hearing is the owner of or otherwise licensed to use all parts of the Service, including all copy, software, graphics, designs, and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Service belong to third parties that Sonify Hearing is authorized to use and display, such as research reports, news articles, third-party logos and trademarks, and other proprietary materials. These Terms of Service permit you to use the Service for your personal, non-commercial use only. By using the Service, you agree not to copy, distribute, modify, make derivative works of, publicly display, publicly perform, republish, download, store or transmit any materials from the Service without the prior written consent of the owner of such materials. None of the material contained in the Service 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 Sonify Hearing. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Service. Except as expressly set forth in these Terms of Service, no license is granted to you, and no rights are conveyed by virtue of accessing or using the Service. Sonify Hearing reserves all rights not granted under these Terms of Service.
COMMENTS OR MATERIALS PROVIDE OR POSTED BY YOU: You may provide us with comments, materials, videos, audio, photographs, text, or other content, and certain pages on the Service may allow you to post videos, audio, photographs, text, or other content (all of which is referred to as “Content”). You may not post or provide Content that is illegal, or that violates these Terms of Service. By posting or providing Content, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and provide the Content and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.
By submitting or posting Content, you grant Sonify Hearing the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you provide or post Content, Sonify Hearing does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Sonify Hearing owns all right, title, and interest in any compilation, collective work, or other derivative work created by Sonify Hearing using or incorporating Content. You are solely responsible for anything you may post on the Service or provide to Sonify Hearing and the consequences of posting or providing such Content.
LINKS: This Service may contain links to other websites not maintained by Sonify Hearing. Other websites may also reference or link to our Service. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of every website you visit. We are not responsible for the practices or the content of such other websites.
GENERAL DISCLAIMER OF WARRANTIES: SUBJECT TO THE WARRANTY FOR THE DEVICE AND PRODUCTS OUTLINED ABOVE, THE SERVICE, ITS CONTENTS AND ALL TEXT, IMAGES, PRODUCTS (INCLUDING DEVICE(S)), ORDERS, GRAPHICS, AND OTHER INFORMATION, ACCESSIBLE FROM OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (I) THE INFORMATION AVAILABLE ACCESSIBLE VIA THE SERVICE IS ACCURATE, COMPLETE, CURRENT OR FREE OF ERRORS; (II) THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED; OR (IV) THE SITES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF SONIFY HEARING, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THE SITE (THE “RELEASED PARTIES”) FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE AND/OR THE PRODUCTS OR DEVICES PROVIDED BY THE RELEASED PARTIES IN CONNECTION WITH YOUR ORDER, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO THE RELEASED PARTIES IN CONNECTION WITH THE APPLICABLE PRODUCTS (INCLUDING THE DEVICE(S)), SERVICE, OR PROMOTION GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELEASED PARTIES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF THE COMPANY. ADDITIONALLY, IN NO EVENT SHALL SONIFY HEARING BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SERVICE, ITS CONTENTS AND ALL TEXT, IMAGES, PRODUCTS (INCLUDING DEVICE(S)), ORDERS, GRAPHICS, AND OTHER INFORMATION, ACCESSIBLE FROM OR AVAILABLE THROUGH THE SERVICE, EVEN IF SONIFY HEARING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, services, and experiences available through the Service. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this service or purchasing any products.
INDEMNIFICATION: You agree to indemnify, defend and hold harmless Sonify Hearing, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners, and representatives from and against any and all claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these Terms of Service (ii) any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Service; (iii) your use of any information obtained from the Website; (iv) your use of the Device or any other product purchased from the Services; or (v) your failure to comply with applicable law.
SEVERABILITY: If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
WAIVER; REMEDIES: The failure of Sonify Hearing to partially or fully exercise any rights or the waiver of Sonify Hearing of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right by Sonify Hearing or be deemed a waiver by Sonify Hearing of any subsequent breach by you of the same or any other term of these Terms of Service. The rights and remedies of Sonify Hearing under these Terms of Service and any other applicable agreement between you and Sonify Hearing shall be cumulative, and the exercise of any such right or remedy shall not limit Sonify Hearing’s right to exercise any other right or remedy.
SURVIVAL: The provisions “General Disclaimer of Warranties,” “Limitation of Liability,” “Choice of Law, Arbitration, Class Action Waiver,” “Indemnification,” and “Proprietary Rights” will survive the termination of these Terms of Service.
INTERNATIONAL ACCESS: Our Service is provided from the United States of America, and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Service. We make no representations regarding the legality of this Service in any other country, and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
FORCE MAJEURE. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in our performance to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER (IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS). YOU HEREBY EXPRESSLY CONSENT TO BINDING ARBITRATION BEFORE ONE ARBITRATOR, TO BE ADMINISTERED BY JAMS IN MINNEAPOLIS, MINNESOTA FOR ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING IN CONNECTION WITH THESE TERMS OF SERVICE, YOUR ACCESS OR USE OF THE SERVICE, AND YOUR PURCHASE AND USE OF ANY PRODUCTS FROM THE SERVICE. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST SONIFY HEARING, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity or consolidated claims involving another person’s account if Sonify Hearing is a party to the proceeding. If any provision of this section regarding dispute resolution and governing law is found unenforceable, the unenforceable provision will be severed and the remaining terms will be enforced.
QUESTIONS: Should you have any questions regarding these Terms of Service you may contact us at firstname.lastname@example.org