This Agreement (the “Agreement”) sets forth the All-Inclusive Plan Terms and Conditions (“Subscription Terms”) or Purchase Terms and Conditions (“Purchase Terms”) between you (hereinafter referred to as “You”, “Your” and/or “Subscriber”) and Hearing Assist II, LLC (hereinafter referred to as “Company”, “We”, or “Us”).
By selecting an available option, completing the order form and paying the associated fee (“Fee”), You are subscribing to (“Subscribe”) the All-Inclusive Plan (“AIP”, “Plan” or “Subscription”) or making a purchase (“Purchase”). When You Subscribe or Purchase, You are agreeing to abide by the terms of this Agreement and represent and warrant that You (i) are at least 18 years of age, (ii) are legally able to enter into this Agreement with Company, and (iii) understand that the hearing aids provided under this Agreement are not intended for use by anyone under age 18. If You do not agree with the foregoing, You may not Subscribe or Purchase and must return any Company owned hearing aid(s) (“Device”) and all associated ancillary parts and materials (collectively “Equipment”) to Us. This Agreement is deemed to be received by You and is effective on the date on which You Subscribe or Purchase (“Effective Date”) and continues until terminated by either party.
IMPORTANT NOTICE: Hearing aids from Hearing Assist II, LLC are Class 1 Hearing Aid devices under FDA Regulations per 21 C.F.R. Sec 874.3300. For mild to moderate hearing loss. 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. IMPORTANT MEDICAL INFORMATION: Hearing loss may be a symptom of a more serious medical condition or the result of excessive wax build-up. A physician can 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: • Visible deformity of the ear • Fluid or drainage from the ear during the last 90 days • Sudden, rapidly progressing, or fluctuating hearing loss • Spells of acute or chronic dizziness • Hearing loss only on one side that has worsened during the last 90 days • Ear canal blockage, a lasting ear infection, or a plugged up fullness feeling • Excessive wax buildup or a history of excessive wax buildup • Pain or discomfort in the ear • Ringing in one or both ears within the last 90 days.
ALL-INCLUSIVE PLAN (“AIP”) TERMS
ALL-INCLUSIVE PLAN
The best analogy we can offer when describing this innovative Worry-Free All-Inclusive Plan is your cable box. When you subscribe to cable service, you pay a monthly fee for the service and the cable provider connects a cable box to your television so that you can receive programming. If the cable box ever stops working while your subscription is active, you simply call the cable company and they try to troubleshoot the problem. If they determine the box to be the cause, you ship the box back or you take it to their service center and they replace it at their expense. When you cancel your cable service, you return the cable box to the provider. This is the same type of service you’ll receive with our new All-Inclusive Plan. When you enroll, we ship you a brand new rechargeable hearing aid(s) to use for as long as you subscribe. If the hearing aid or any of its parts stop working whether it is due to defect, damage, or normal wear and tear, we’ll send you a shipping label so you can send it back to us and send you a replacement. Plus, we’ll send you replacement ear caps and tubes whenever you need them. You can even get a new unit every 18 months so you’ll always have our latest technology, but your monthly cost stays the same. Because a hearing aid is a personal choice, we give you a 60 day in home trial. If the hearing aid doesn’t fit your need, call us during that trial period and we’ll send you a shipping label so you can send it back for a full refund. If you keep the hearing aid beyond the trial period, billing continues automatically each month, but if your needs change, you can cancel any time you’d like. Just call us and we’ll send you a return shipping label so you can send the equipment back to us. For complete details, please continue reading.
INITIAL PAYMENT: On the Effective Date, We will charge the Fee for the AIP You select at checkout to Your Visa, MasterCard, American Express, or Discover (“Credit Card”) provided at checkout, plus sales tax on Virginia shipments (collectively “Initial Payment”). All prices listed are U.S. Dollars (“USD”). By providing your account information at checkout, You authorize Us to charge Your Credit Card for the full amount due at checkout. 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 Credit 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; 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.
EQUIPMENT: We will send you a complete kit that includes two (2) rechargeable hearing aids, ear caps and tubes if applicable, one (1) recharger, one (1) power cord, one (1) AC adapter, user instructions (collectively “Equipment”). You understand and agree that Equipment is and shall always remain Company property and must be returned when AIP is terminated whether by You or by Us for non-payment of Plan Fee or other breach of this Agreement. LOSS IS NOT COVERED UNDER THIS AGREEMENT.
SERVICE: As long as Your AIP is active with no delinquent Fees or negative payment history (“Active Account”), We will, at no additional cost to You, provide all necessary ancillary parts (i.e. ear caps and/or ear tubes), plus all necessary service, repairs, and rechargeable battery replacements if Equipment stops working due to defect, damage, or normal wear and tear (collectively “Service”). Service must be done at Our facility, and all ancillary replacement parts will be shipped to You from Our facility. You may request ear caps and/or tubes from our Customer Service Center by calling 800.640.9785 or emailing cs@hearingassist.com. We will not reimburse your out-of-pocket cost should you choose to purchase these items directly from a retail store or online merchant. We will pay all shipping costs associated with your Equipment return to/from our facility for Service provided that you first call us for troubleshooting advice and a prepaid return label should troubleshooting efforts fail. We reserve the right to replace Equipment with comparable Equipment if the same Equipment is not available.
60 DAY TRIAL PERIOD; CANCELLATION DURING TRIAL PERIOD: During the sixty (60) day period commencing on the delivery date of Equipment (“Trial Period”), you may call us at 800.640.9785 to arrange to exchange Equipment for a different model, or cancel and return Equipment to Us in good condition and proper working order with no further obligation to pay any charge after the termination of Your Subscription (“Pending Cancel Date”). Delivery Date is defined as the date upon which the carrier with whom We contract reports delivery of Equipment to the shipping address provided by You (“Delivery Date”). Upon receipt and verification of returned Equipment, We will cancel Your Subscription and issue a full refund (“Effective Cancellation Date”). PRIOR TO RETURNING EQUIPMENT, YOU MUST FIRST CALL 800.640.9785 FOR A RETURN AUTHORIZATION NUMBER (“RA NUMBER”), PREPAID RETURN SHIPPING LABEL, AND RETURN INSTRUCTIONS. YOU AGREE TO TIMELY RETURN EQUIPMENT TO OUR FACILITY. IF YOU FAIL TO TIMELY RETURN EQUIPMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU AUTHORIZE US TO CHARGE YOUR CREDIT CARD PROVIDED ON THE EFFECTIVE DATE FOR THE DIFFERENCE BETWEEN THE REPLACEMENT COST OF THE EQUIPMENT AND YOUR FEES PAID TO DATE (“BALANCE DUE”). IF WE ARE UNABLE TO SUCCESSFULLY CHARGE BALANCE DUE TO YOUR CREDIT CARD, YOU AGREE TO REMIT TO US PAYMENT FOR BALANCE DUE WITHIN SEVEN (7) DAYS AFTER NOTICE TO YOU OR YOU MAY ALSO BE LIABLE FOR APPLICABLE COLLECTION FEES PLUS ANY UNPAID SUBSCRIPTION FEES. IN ADDITION, WE WILL NOT BE REQUIRED TO REFUND ANY PAYMENTS AT ANY TIME IN THE FUTURE.
AUTOMATIC MONTHLY RENEWAL; CANCELLATION AFTER TRIAL PERIOD ENDS: Your AIP renews monthly with payment of the Fee billed automatically every thirty (30) days to your Credit Card on file (“Monthly Renewal Term”). Payments will begin thirty (30) days after Initial Payment is charged. You hereby authorize Us to bill the monthly Fee to Your Credit Card on file until either party gives notice to the other of their intention not to renew the Agreement at which time Your Subscription will informally cancel at the end of the current Monthly Renewal Term (“Pending Cancel Date”). NO REFUNDS OR CREDITS WILL BE GIVEN FOR ANY PARTIAL MONTH PERIODS. YOU MAY CANCEL YOUR SUBSCRIPTION WITH OR WITHOUT CAUSE AT ANY TIME. IF YOU DO NOT WISH TO RENEW YOUR SUBSCRIPTION, YOU MUST FIRST CALL US AT 800.640.9785 FOR A RA NUMBER, PREPAID SHIPPING LABEL AND RETURN INSTRUCTIONS. Your cancellation will not be complete until Your Equipment is received at Our Facility and its contents verified by Our Agent (“Effective Cancellation Date”) thereby relieving You of any obligation to pay any charge after the Effective Cancellation Date. IF YOU FAIL TO TIMELY RETURN EQUIPMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU AUTHORIZE US TO CHARGE THE CREDIT CARD YOU PROVIDED ON THE EFFECTIVE DATE FOR THE REPLACEMENT COST. IF WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR CREDIT CARD, YOU AGREE TO REMIT TO US PAYMENT FOR REPLACEMENT COST WITHIN SEVEN (7) DAYS AFTER NOTICE TO YOU OR YOU MAY ALSO BE LIABLE FOR APPLICABLE COLLECTION FEES PLUS ANY UNPAID MONTHLY SUBSCRIPTION FEES.
REPLACEMENT COST: At time of publication replacement cost for the behind-the-ear (“BTE”) ReCharge kit is listed at $699.98; replacement cost for the in-the-ear (“ITE”) kit is $799.99. Replacement Cost is subject to change without prior notice to you.
PRICE LOCK GUARANTEE: Your monthly Fee is guaranteed not to change for as long as your Subscription remains active and in good standing after the Effective Date (“Price Lock Guarantee”). Should you cancel your Subscription, re-enrollment will be at our then current advertised price, which is subject to change at any time without notice to you.
CHANGES TO TERMS: We reserve the right to change Our terms of this Agreement at any time upon giving notice to You. Your continued Subscription after such notice is given constitutes Your acceptance of the terms revision.
SUBSCRIBER’S DUTIES: You shall maintain Equipment in proper working order by a) using a soft, clean, dry cloth and/or brush to regularly clean the ear cap, ear tube, microphone, receiver and/or Device casing; WATER OR OTHER FLUID IS NOT TO BE USED FOR CLEANING DEVICE OR RECHARGER b) removing Device prior to sleeping, before vigorous exercise, or when exposure to moisture is possible such as showering, using hair spray, swimming, washing your face, etc. c) keeping Device away from children and pets d) first contacting Company for troubleshooting assistance before returning Equipment for Service if Equipment malfunctions. We shall not be required to service Equipment until Our agent has exhausted Our troubleshooting measures and verified that Equipment is defective.
SUBSCRIBER RESPONSIBLE FOR LOSS OF EQUIPMENT: You shall be responsible for any loss and the cost of replacing Equipment. In the event of loss, You shall also remain liable for payment of Fee monthly for the term of this Agreement without offset or reduction. Should loss of Equipment occur, You authorize Us to charge Replacement Cost to the Credit Card You provided on the Effective Date of this Agreement. If We are unable to charge the Replacement Cost to Your Credit Card, Your account may be turned over to collections and You will be liable for Replacement Cost plus applicable collection fees.
EQUIPMENT UPGRADE ELIGIBILITY: Eighteen (18) months after Your Effective Date, You are eligible to upgrade to new Equipment provided that your Subscription has remained active, and your account in good standing with no negative payment history, for the entire eighteen (18) month period prior. Your Equipment will be eligible for upgrade after every successive eighteen (18) month period thereafter, as long as your Subscription remains active and your account in good standing, with no negative payment history. To find out if You are eligible for an upgrade or to arrange the trade-in of your Equipment for a new Device, you must first call Customer Service at 800.640.9785.
PURCHASE TERMS:
You may choose to purchase Equipment outright in lieu of AIP. REPLACEMENT EAR CAPS AND EAR TUBES MUST BE PURCHASED SEPARATELY. IN ADDITION, 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 OR COVERED UNDER A PRODUCT PROTECTION PLAN (“PP”) AVAILABLE SEPARATELY FROM US (SELECT THE PROTECTION PLAN OPTION AT CHECKOUT OR CALL 800.640.9785 FOR MORE INFORMATION OR TO ORDER). All prices listed are U.S. Dollars (“USD”). Sales tax will be added to all orders with a Virginia shipping address. SHIPPING AND HANDING, IF APPLICABLE, IS NON-REFUNDABLE. Acceptable forms of payment include debit or credit cards with the Visa, MasterCard, American Express, or Discover logo (“Credit Card”), or check or money order (“Conventional Payment Method”). 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 five 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; 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. If Conventional Payment, full purchase price must be remitted before order will be processed. Make check or money order payable to Hearing Assist II, LLC and mail to PO Box 2259, Virginia Beach, VA 23450-2259. NOTE: DO NOT RETURN PRODUCT TO THIS ADDRESS. FOR RETURN INFORMATION, FIRST CALL 800.640.9785. We greatly value Our relationships with Our customers. IF YOU ARE NOT COMPLETELY SATISFIED WITH YOUR PURCHASE, YOU MAY RETURN EQUIPMENT TO US AT YOUR EXPENSE WITHIN SIXTY (60) DAYS OF DELIVERY, IN GOOD CONDITION AND PROPER WORKING ORDER, FOR A DIFFERENT MODEL OR REFUND. DELIVERY IS DEFINED AS THE DATE THE PRODUCT IS DELIVERED TO THE SHIP TO ADDRESS, PER THE DELIVERY CONFIRMATION OF THE CARRIER (USPS, UPS, FEDEX, OR OTHER CARRIER) WITH WHOM WE CONTRACT TO SHIP YOUR PACKAGE. Your refund, minus the shipping & handling fee if applicable, will be issued via a credit to the account used for payment if Credit Card, or by company check if Conventional Payment Method.
GENERAL TERMS, APPLICABLE TO AIP OR PURCHASE
DELIVERY: Your order will ship via USPS, FedEx, UPS, or other 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.
ALL RETURNS: IN ORDER FOR YOUR RETURN TO BE ACCEPTED, YOU MUST FIRST CALL OUR RETURNS DEPARTMENT, TOLL-FREE, AT 800.640.9785 FOR A RETURN AUTHORIZATION NUMBER (“RA NUMBER”), SHIPPING LABEL AND FURTHER INSTRUCTIONS. FAILURE TO CALL AND/OR COMPLY WITH THE RETURN INSTRUCTIONS GIVEN BY OUR AGENT MAY CAUSE A DELAY IN THE PROCESSING OF YOUR RETURN AND REFUND IF APPLICABLE.
ALL REFUNDS: If a refund is due, please expect up to four (4) weeks to receive it allowing five (5) to ten (10) business days in transit for us to receive your package, three (3) to five (5) business days for us to process your return, and another five (5) to ten (10) business days for your bank to process your refund or for receipt of your refund check. In most cases however, your refund will be processed more quickly. IN THE EVENT YOU HAVE NOT RECEIVED YOUR REFUND WITHIN THE TIME FRAME AS INDICATED ABOVE, PLEASE CALL 800.640.9785 AS WE ARE BETTER ABLE THAN YOUR BANK TO TRACK YOUR REFUND AND CAN MORE QUICKLY RESOLVE ANY ISSUES.
IMPORTANT LEGAL NOTICES Important Notice for Prospective Hearing Aid Users Good health practice requires that a person with a hearing loss have a medical evaluation by a licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing aid. Licensed physicians who specialize in diseases of the ear are often referred to as otolaryngologists, otologists or otorhinolaryngologists. The purpose of medical evaluation is to assure that all medically treatable conditions that may affect hearing are identified and treated before the hearing aid is purchased. Following the medical evaluation, the physician will give you a written statement that states that your hearing loss has been medically evaluated and that you may be considered a candidate for a hearing aid. The physician will refer you to an audiologist or a hearing aid dispenser, as appropriate, for a hearing aid evaluation. The audiologist or hearing aid dispenser will conduct a hearing aid evaluation to assess your ability to hear with and without a hearing aid. The hearing aid evaluation will enable the audiologist or dispenser to select and fit a hearing aid to your individual needs. If you have reservations about your ability to adapt to amplification, you should inquire about the availability of a trial-rental or purchase-option program. Many hearing aid dispensers now offer programs that permit you to wear a hearing aid for a period of time for a nominal fee after which you may decide if you want to purchase the hearing aid. Federal law restricts the sale of hearing aids to those individuals who have obtained a medical evaluation from a licensed physician. Federal law permits a fully informed adult to sign a waiver statement declining the medical evaluation for religious or personal beliefs that preclude consultation with a physician. The exercise of such a waiver is not in your best health interest and its use is strongly discouraged. A hearing aid dispenser should advise a prospective hearing aid user to consult promptly with a licensed physician (preferably an ear specialist) before dispensing a hearing aid if the hearing aid dispenser determines through inquiry, actual observation, or review of any other available information concerning the prospective user, that the prospective user has any of the following conditions: • Visible congenital or traumatic deformity of the ear. • History of active drainage from the ear within the previous 90 days. • History of sudden or rapidly progressive hearing loss within the previous 90 days. • Acute or chronic dizziness. • Unilateral hearing loss of sudden or recent onset within the previous 90 days. • Audiometric air-bone gap equal to or greater than 15 decibels at 500 hertz (Hz), 1,000 Hz, and 2,000 Hz. • Visible evidence of significant cerumen accumulation or a foreign body in the ear canal. • Pain or discomfort in the ear • Hearing Aids are not designed to restore normal hearing and will not prevent or improve a hearing impairment resulting from organic conditions. • In most cases, infrequent use of a hearing aid does not permit a user to attain full benefit from it. • The use of a hearing aid is only part of hearing habilitation and may need to be supplemented by auditory training and instruction in lip reading. • Do not attempt to use a hearing aid in a method not instructed within the accompanying manual. • Our hearing aids are not suitable for use by anyone under age 18. • Keep hearing aid out of reach of infants, children and pets as it may cause a choking or ingestion hazard. • Keep hearing aid away from moisture, direct sunlight, humidity, dust and heat such as a vehicle glove compartment, hair dryer, tanning bed, heat lamp, windowsill, etc. Store in its case, at room temperature, when not in use. • Do not wear hearing aid while sleeping, participating in vigorous exercise or other physical activity, showering/bathing, washing your hair, swimming, or engaging in any other activity during which hearing aid may get wet. • It is recommended that you do not wear hearing aid during any activity that calls for the use of hearing protection. • Due to the radio frequency interference caused by digital cell phones, you may not be able to use any hearing aid with a mobile phone. If, while wearing Device, you experience buzzing or other noises when using your cell phone, we recommend that you refrain from using this Device with a mobile phone or other devices that emit radio waves. • Avoid using hairspray or other hair care products while wearing hearing aid. • BUTTON BATTERY INGESTION – Hearing aid contains a button cell battery that if ingested may get lodged in the esophagus where it can cause severe burns, perforation of the esophagus, stricture formation and occasionally death. While most button cells pass through the body and are eliminated in the stool, an x-ray must be obtained immediately to ensure that the battery has gone through the esophagus into the stomach. If anyone swallows a battery you, your physician or emergency room staff should immediately call the National Button Battery Ingestion Hotline at 202.625.3333. The hotline is operated 24-hours a day, 7 days a week. DO NOT GIVE IPECAC. CHILDREN WITH HEARING LOSS - In addition to seeing a physician for a medical evaluation, a child with a hearing loss should be directed to an audiologist for evaluation and rehabilitation since hearing loss may cause problems in language development and the educational and social growth of a child.
ARBITRATION OF DISPUTES OUR COMPANY GREATLY VALUES ITS RELATIONSHIPS WITH ITS CUSTOMERS. WE REALIZE THAT NO MATTER HOW HARD WE MAY TRY, AN OCCASIONAL BREAKDOWN IN THE RELATIONSHIP MAY OCCUR. THE PURPOSE OF ARBITRATION IS TO HELP AVOID THE TIME, EXPENSE AND EMOTIONS ASSOCIATED WITH DRAGGING OUR PROBLEMS THROUGH THE LITIGATION SYSTEM. IN THE EVENT OF ANY CONTROVERSY, CLAIM OR DISPUTE BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE TERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN VIRGINIA BEACH, VIRGINIA OR IN THE COUNTY IN WHICH THE CONSUMER RESIDES, IN ACCORDANCE WITH THE LAWS OF THE STATE OF VIRGINIA FOR AGREEMENTS TO BE MADE IN AND TO BE PERFORMED IN VIRGINIA. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, HEARING ASSIST AND YOU HEREBY CONSENT TO THE RESOLUTION BY BINDING ARBITRATION OF ALL CLAIMS OR CONTROVERSIES FOR WHICH A FEDERAL OR STATE COURT WOULD BE AUTHORIZED TO GRANT RELIEF. THE PARTIES AGREE, THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND AN ARBITRATOR SHALL BE SELECTED BY THE JAMS. THE ARBITRATOR SHALL BE NEUTRAL AND INDEPENDENT AND SHALL COMPLY WITH THE JAMS CODE OF ETHICS. THE ARBITRATOR SHALL ISSUE A WRITTEN AWARD, SETTING FORTH THE AWARD AND BASIS THEREFORE. THE AWARD SHALL BE FINAL AND BINDING UPON THE PARTIES. THE ARBITRATOR SHALL HAVE THE POWER TO AWARD ANY TYPE OF RELIEF THAT WOULD BE AVAILABLE IN COURT OF COMPETENT JURISDICTION. IN ADDITION, THE ARBITRATOR SHALL HAVE THE AUTHORITY TO ORDER ANY PARTY FOUND TO HAVE PRESENTED ANY CLAIM OR DEFENSE WITHOUT SUBSTANTIAL JUSTIFICATION TO PAY THE OTHER PARTY’S ATTORNEY’S FEES AND COSTS. THE AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL AND SHALL NOT BE SUBJECT TO VACATION OR MODIFICATION. JUDGMENT ON THE AWARD MADE BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION OVER THE PARTIES. IF EITHER PARTY FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD, THE INJURED PARTY MAY PETITION THE CIRCUIT COURT FOR ENFORCEMENT. THE PARTIES AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HIS/HER OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. REPRESENTATION: EACH PARTY MAY BE, BUT NEED NOT BE, REPRESENTED BY AN ATTORNEY AT ANY ARBITRATION COVERED BY THIS AGREEMENT. ALLOCATION OF FEES AND COSTS: THE ARBITRATOR MAY, IN THE AWARD, ALLOCATE ALL OR PART OF THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE ATTORNEYS’ FEES OF THE PREVAILING PARTY. IN THE EVENT A PARTY FAILS TO PROCEED WITH ARBITRATION, UNSUCCESSFULLY CHALLENGES THE ARBITRATOR’S AWARD, OR FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD, THE OTHER PARTY IS ENTITLED TO COSTS OF SUIT, INCLUDING A REASONABLE ATTORNEY’S FEE FOR HAVING TO COMPEL ARBITRATION OR DEFEND OR ENFORCE THE AWARD. DISCOVERY: THE PARTIES SHALL BE ENTITLED TO ENGAGE IN REASONABLE DISCOVERY IN THE FORM OF REQUESTS FOR DOCUMENTS, INTERROGATORIES, REQUESTS FOR ADMISSION, PHYSICAL AND/OR MENTAL EXAMINATIONS AND DEPOSITIONS, IN ORDER TO OBTAIN INFORMATION NECESSARY TO PROSECUTE OR DEFEND THE CLAIMS BROUGHT. ANY DISPUTES BETWEEN THE PARTIES REGARDING THE NATURE OR SCOPE OF DISCOVERY SHALL BE RESOLVED BY THE ARBITRATOR(S) IN HIS OR HER DISCRETION. EXCLUSIVE REMEDY: FOR CLAIMS COVERED BY THIS AGREEMENT, ARBITRATION IS THE PARTIES’ EXCLUSIVE LEGAL REMEDY. THE ARBITRATOR HAS EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE APPLICABILITY OR ENFORCEABILITY OF THIS AGREEMENT.
Governing Law This transaction shall be governed in all respects by the laws of the Commonwealth of Virginia.
QUESTIONS? Call 800.640.9785 or email cs@hearingassist.com
Please Note: Company makes a good faith effort to ensure the accuracy of all text, including, but not limited to: product descriptions, pricing, availability, and all offerings including the technical coding, functionality, and performance of and as presented via our Web sites, and through our process of transaction processing. Our extensive and continual review process coupled with our testing process ensures that the risk of error and inaccuracy is mitigated. However, we reserve the right to review all orders for accuracy and fraud, to the best of our ability, in a timely fashion. As such, we reserve the right to hold and/or cancel orders deemed inaccurate or fraudulent, and limit our responsibility to the cancellation of the order(s), notification of the customer, and refunding of any monies collected.
