Terms and Conditions

AUDIEN LLC

TERMS OF USE

 

These terms of use (“Terms of Use”) were last updated on July 10, 2020.

Our websites, including www.audienhearing.com and other Audien Hearing websites, online applications, blogs, social network sites, or other online or wireless sites, accessed via computer, mobile device, or other technology (“Audien Hearing Sites” or “Sites”) are published and maintained by Audien LLC, its subsidiaries, affiliates, and/or related entities (collectively, “Audien LLC”). When you enter any of the Sites, that site may have its own terms and conditions of use which are specific to it. When you access, browse, or use the Sites, you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth on any of the Sites. The terms “we”, “us”, and "Audien Hearing" refer to Audien LLC, and the terms “you” or “your” refers to the user or viewer of the Sites.

 

YOUR RIGHT TO USE THE SITES AND ITS CONTENT

The Sites are intended for use by individuals 18 years of age or older. This website is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this Site.  The Sites are only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from the Sites, including, but not limited to, any text, images, audio, and video for any business, commercial or public purpose. You must comply with all applicable laws, statutes, regulations, and treaties in your use and access of the Sites. As long as you comply with the Terms of Use, Audien LLC grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Sites.

You agree not to do any of the following: (i) interrupt or attempt to interrupt the operation of the Sites in any way, (ii) create derivative works of any Content, (iii) use any Content in a manner that may infringe or misappropriate the intellectual property rights of us or a third party, (iv) remove, change, or obscure any copyright or other proprietary notice contained on the Sites, (v) remove, decompile, disassemble, or reverse engineer any Site software or use any network monitoring or discovery software to determine architecture, and (vi) export the Sites, any portion thereof, or any technology contained therein, in violation of the export control laws of the United States. Audien LLC reserves the right to investigate complaints or reported violations of the Terms of Use and take any action it deems appropriate, including, but not limited to, reporting activity to law enforcement and regulators, and disclosing information necessary or appropriate to such entities relating to you and your use of the Sites.

  1. INTELLECTUAL PROPERTY AND USE OF CONTENT

Content. The Sites and all of the content included thereon, including, but not limited to, any information, data, text, organization, graphics, logos, button icons, images, pictures, audio, video, and software, and compilation, translation or conversion thereof (the "Content"), is the property of Audien LLC, our strategic partners or suppliers, or content providers and is protected by copyright laws and international conventions. The Content is a collective work protected by United States copyright laws. Any other use of this Content, including modification, transmission, presentation, distribution, or republication, except as expressly granted in the Terms of Use, is prohibited without the prior written consent of Audien LLC. You agree to follow all instructions on the Sites limiting the way you may use Content.

Trademarks. All trademarks, trade names, logos, product names, and service marks of Audien Hearing found on the Sites, whether registered or unregistered, are the property of Audien LLC and are protected by United States trademark laws. All other trademarks, trade names, logos, product names, and service marks contained on the Sites are the property of their respective owners. Audien Hearing trademarks can be found here. Except as expressly granted in the Terms of Use or with Audien LLC’s specific written consent, any use of these proprietary materials is prohibited. If you download any Content, you may not remove any copyright or trademark notices or other notices that go with it. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Patents. All patents issued to and patent applications filed by Audien Hearing are the property of Audien LLC and are protected by United States and foreign patent laws. Any use of these patented or patentable assets is prohibited without the specific prior written consent of Audien LLC.

Limited License. Subject to the Terms of Use, Audien Hearing grants you a limited, non-exclusive, non-transferable, revocable license to access, use, display and, subject to any expressly stated restrictions or limitations relating to specific material as may be posted on Audien Hearing's Sites or otherwise known to you, download one copy of the material from the Sites, solely for your internal, personal, non-commercial use (“Limited License”). This Limited License is non-exclusive and non-transferable. You agree that the Limited License may be updated or changed from time to time for any reason, and you agree to be bound by any such revisions. This Limited License does not include any rights to Budget Hearing Aids’ patents, patent applications, trade secrets, or similar proprietary material.

Termination of the Limited License. If you violate any of the Terms of Use, your permission to use the Content of the Sites automatically will terminate, and you immediately must destroy any copies you have made of any Content. In addition, the Limited License may be terminated at any time and for any reason or for no reason, without cause or notice. Audien Hearing reserves the right to revoke the Limited License if you fail to comply with quality control measures, which Audien Hearing may promulgate and communicate to you from time to time.

Injunctive Relief. You agree that in the event of a breach of Section 1 of the Terms of Use, Audien Hearing shall not have an adequate remedy at law, including monetary damages, and that Audien Hearing shall consequently be entitled to seek any injunctive or other form of equitable relief without the posting of a bond, in addition to any and all remedies to which Audien Hearing shall be entitled.

  1. DISCLAIMERS

General Disclaimers. YOUR USE OF THE SITES IS AT YOUR OWN RISK. ALL SERVICES, INFORMATION, PRODUCTS, AND MATERIALS OBTAINED THROUGH THE SITES INCLUDING ALL CONTENT, LINKS, AND "COOKIES," ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AUDIEN HEARING DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SITES, CONTENT, PRODUCTS, SERVICES, AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO, THE AVAILABILITY OF PRODUCTS OR SERVICES AND THE ACCURACY OF THE CONTENT. AUDIEN HEARING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT THE SITES AND ACCESS TO THE SITES ARE FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITES.  

AUDIEN HEARING'S PRODUCTS ARE ONLY SUBJECT TO A SEPARATE WRITTEN WARRANTY, IF ANY, ACCOMPANYING THOSE PRODUCTS. AUDIEN HEARING MAKES NO REPRESENTATIONS, WARRANTIES, OR RECOMMENDATIONS WITH RESPECT TO ANY TREATMENT OR ACTION WITH RESPECT TO THE APPROPRIATENESS OF ANY MEDICAL DEVICES OR PROCEDURES ABOUT WHICH INFORMATION OR CONTENT IS PROVIDED WITHIN OR THROUGH THE SITES.

Disclaimer of Medical Liability. AUDIEN HEARING DOES NOT PROVIDE MEDICAL ADVICE. The contents of the Sites are for general informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Reliance on any information provided on the Sites is solely at your own risk. Individual medical needs are very different; you should not assume that the information on the Sites concerning certain courses of treatment or outcomes will apply to you. Rather, you should evaluate your medical condition and make treatment decisions based upon consultation with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS WEB SITE.

The contents of the Sites may be of interest to medical professions or other health care providers. Medical professionals and health care providers should exercise their own judgment in determining whether a particular product or procedure is appropriate for their practice or their patients. 

Product and Service Availability. Audien Hearing frequently updates and improves its products. Audien Hearing may discontinue or modify products at any time. The Sites contain information about products that may not be available in all countries. Even if available, the governmental approval or market clearance received for a particular product in one country may be for a different use or indication, or subject to different restrictions, than in another country. Each country may have specific laws, regulations, and medical practices that govern the communication of information about medical products and other products over the internet. Nothing in the Terms of Use shall be construed as a solicitation for, or promotion of, any product or the use of any product that is not authorized by the laws and regulations of the country where you reside or access the Sites.

Product Orders. All orders of products placed by you with Audien Hearing are subject to acceptance by Audien Hearing. Audien Hearing may reject any order you place and/or to limit the quantities on any order. Your order shall not be deemed accepted by Audien Hearing until shipment of the products ordered. Your order submission shall represent your full acceptance of these Terms of Use. If you do not accept the Terms of Use, you should not submit an order.

Payment Terms. Unless otherwise indicated in writing to you, the full purchase price of products sold through the Sites will be billed at the time of shipment. Audien Hearing will debit cards upon shipment. Audien Hearing may change these payment terms without notice at its sole discretion.

Limitations of Liability. IN NO EVENT SHALL AUDIEN HEARING OR ANY OF ITS AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND SUPPLIERS, OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR CONTRIBUTORY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA), WHETHER IN AN ACTION IN WARRANTY, CONTRACT, OR TORT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF THE SITES OR ANY PRODUCTS PURCHASED THEREON; (ii) THE DELAY OR INABILITY TO USE THIS WEBSITE; (iii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEBSITE; (iv) THE FAILURE TO PROVIDE THE PRODUCTS OR SERVICES; AND/OR (v) DAMAGES CAUSED BY THE ACTS OR OMISSIONS OF YOU OR ANY THIRD PARTY. THIS PARAGRAPH SHALL APPLY TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT SHALL AUDIEN HEARING'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.

IN NO EVENT IS AUDIEN HEARING LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS. AUDIEN HEARING IS NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED BY YOU THROUGH THE SITES OR ASSOCIATED SERVICES. BUDGET HEARING AIDS IS NOT LIABLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES OR USERS, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  1. INDEMNITY

You agree to defend, indemnify, and hold Audien Hearing, its officers, directors, employees, agents, licensors, licensees, suppliers, and affiliates harmless from and against any claims, actions, or demands, liabilities, costs, and settlements, including, without limitation, legal and accounting fees, resulting from, or alleged to result from, your violation of the Terms of Use or the representations and warranties therein, or relating to or arising from your use of the Sites (including providing content for the Sites), and any content, products, or services obtained on or through the Sites. You shall cooperate as fully as reasonably required in Audien Hearing's defense of any such claim. Audien Hearing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Audien Hearing.

  1. LINKS TO AND FROM OTHER WEB SITES

Audien Hearing's Sites may contain links, references to, or other method of access to websites operated by third parties. Audien Hearing does not, either expressly or implicitly, endorse the content on such websites, the third party, or any association it may have with third parties. The links, if any, are provided for your convenience only. Audien Hearing has no control over such web sites, and does not review the content of those websites; therefore, Audien Hearing is not responsible or liable for any content, advertising, products, services, or other materials on or available from such websites. You acknowledge and agree that Audien Hearing is not responsible or liable, either 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, advertising, products, services, or other material available on or through any such website. Audien Hearing disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

Audien Hearing encourages you to link to our home page at www.audienhearing.com, for non-commercial purposes only and only for the convenience of visitors to your own website, provided you notify us in writing to support@audienhearing.com .  We may provide you with the HTML linking code needed to create such a link. You shall discontinue any links immediately at the request of Audien Hearing. You do not have permission to link to any other portion of our Sites. Deep linking into the various areas of our Sites or framing of any of our Sites’ pages without our prior written permission is a violation of the Terms of Use. Linking to Audien Hearing’s Sites is subject to the provisions of these Terms of Use regarding intellectual property and use of Content. You may not make any statement suggesting or implying in connection with any link to our Sites that Audien Hearing has in any way endorsed, approved, or sponsored your own web site, content thereon, or any products, services, or other material. In addition, the use of robot, spider, other automatic device, or manual process to monitor or copy our Sites or Content or for any other unauthorized purpose without our prior express written permission is also in violation of the Terms of Use.

  1. CONTENT AND USER MATERIALS

Audien Hearing's Right to Change the Terms of Use or Content. Audien Hearing may amend the Terms of Use at any time, without notice. Any changes to the Terms of Use or any terms and conditions posted on the Sites apply upon posting without specific notice to you. By continuing to use the Sites after changes are posted, you are accepting those changes. Audien Hearing may add, remove, change, permanently or temporarily, any Content posted or services provided by the Sites, at any time, without notice and without liability.

User’s Material. The Sites may have areas which allow users to upload and/or download materials or otherwise communicate. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through the Sites, any materials that (1) interfere with anyone else's use of the Sites or the privacy of any other user; (2) are defamatory, libelous, abusive, illegal, indecent, obscene, offensive, threatening, or otherwise unlawful; (3) encourage conduct that could be considered a criminal offense or otherwise violate the law; (4) violate anyone's copyright or other intellectual property right; (5) contain a virus or any other harmful material; (6) contain false or misleading statements; or (7) contain any third party’s personal information, including, but not limited to, first and last name, email address, mailing address, fax number, or telephone number.

From time to time, Audien Hearing may monitor or review any content posted or submitted to the Sites. However, you understand and agree that Audien Hearing is not obligated to do so and assumes no liability or responsibility arising from the contents of any such communications. Audien Hearing may change, edit, or remove any user material that in its opinion violates the Terms of Use or any other Audien Hearing policies. Budget Hearing Aids will fully cooperate with any law enforcement authorities or court order requesting or directing Audien Hearing to disclose the identity of anyone posting such materials.

Audien Hearing’s Rights to User Supplied Material. Unless otherwise specified in writing by Audien Hearing, if you send any information or materials to the Sites, all such information and materials are, and will be treated as, non-confidential and non- proprietary, and therefore, you are waiving any claim that any use by Audien Hearing of such material violates your rights, including privacy, intellectual property, publicity and any similar rights.

Any information or material submitted to the Sites by you may be modified, transmitted, presented, distributed, or published, copied, licensed, disclosed, sold, transmitted, or used by Audien Hearing for any purpose, worldwide, in any medium without compensation to you. Unless otherwise specified in writing by Audien Hearing, Audien Hearing is free to use, without any compensation to you, any intellectual property, ideas, know-how, or techniques disclosed in any information or materials provided by you to the Sites for any purpose.

Transmissions. Internet transmissions are not 100% private or secure. You understand that any material or information you send to the Sites may be read or intercepted by others, unless there is a written notice that particular material or information is encrypted.

  1. GENERAL LEGAL PROVISIONS

International Laws/Users. Audien Hearing is based in Phoenix, Arizona, USA. Audien Hearing makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access Audien Hearing Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Choice of Law and Forum. You expressly agree that exclusive jurisdiction for any dispute with Audien Hearing, or in any way relating to your use of Audien Hearing Sites, resides in the courts of the State of Arizona, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Arizona in connection with any such dispute including any claim involving Audien Hearing or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. The Terms of Use shall be treated as though it were executed and performed in Maricopa County, Arizona, and shall be governed by the laws of the State of Arizona, without respect to its conflict of laws principles.

Entire Agreement. Except as expressly provided in a particular "legal notice" on Audien Hearing Sites, the Terms of Use, the then-current Privacy Policy, and any other express terms provided by Audien Hearing on the Sites constitute the entire agreement between you and Audien Hearing with respect to the use of Audien Hearing Sites and Content. You also may be subject to additional terms and conditions that may apply when you use Audien Hearing products, affiliate services, third-party content, or third-party software. The language in the Terms of Use shall be interpreted as to its fair meaning and not be strictly construed for or against any party. To the extent that anything in the Contents is in conflict or is inconsistent with the Terms of Use, the Terms of Use shall take precedence.

The sale, purchase, and use of any of Audien Hearing products are subject to the terms and conditions, warranties, warranty disclaimers, and limitations of liability set forth in any separate written terms and conditions, user manuals, instructions for use, product catalogues, or similar documentation provided by Budget Hearing Aids.

The Terms of Use and all incorporated agreements may be assigned by Audien Hearing in the event of an acquisition, sale, merger or other disposition.

Disputes. Any cause of action you may have with respect to your use of the Sites must be commenced within one (1) year after the claim or cause of action arises, or be forever waived and barred. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms of Use shall continue in full force and effect. Budget Hearing Aids’ failure or delay in enforcing its rights under the Terms of Use shall not be deemed a waiver of such rights.

Thank you for your cooperation. We hope you find Audien Hearing Sites helpful and convenient to use. Questions or comments regarding the Sites should be directed by email to support@audienhearing.com, by telephone to (205) 225-1112, or by mail to Audien LLC, 4950 N. Miller Rd #223, Scottsdale, AZ, 85251.

    7.REFUND POLICY & SHIPPING INFORMATION

By agreeing to the terms and conditions specified on this page, you are also agreeing to all terms, policies, and conditions specified in our Refund Policy & Shipping Information page.

    8. DISCLAIMERS & DEFINITIONS 

By agreeing to the terms and conditions specified on this page, you are also acknowledging that you have reviewed and/or had the opportunity to review the Disclaimers & Definitions on our website.

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