193 Kimberly Ln
East Berlin, PA 17316
Effective Date: 7/4/18
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, www.hearfirst.online . By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
The terms “us”, “we”, and “our” refer to HearFirst, LLC, the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Product” refers to any products we sell or give away.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”. Acceptance of Agreement
This Agreement is between you and HearFirst,LLC.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and HearFirst,LLC and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Arbitration (This Arbitration Provision Is for the U.S. Only)
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in East Berlin, Pennsylvania, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in East Berlin, Pennsylvania necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction (This Provision Is for the U.S. Only)
This Agreement will be treated as if it were executed and performed in East Berlin, Pennsylvania, and will be governed by and construed in accordance with the laws of the state of Pennsylvania without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Arbitration (This Arbitration Provision Is for the U.K. Only)
Any dispute arising out of or in connection to this agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which are deemed to be incorporated, by reference, into this clause. The seat, or legal place, of arbitration shall be East Berlin, Pennsylvania /USA. The language of the arbitration shall be English. The number of arbitrators shall be one.
Choice of Law (This Provision Is for the U.K. Only)
This Agreement will be governed by and construed in accordance with the laws of Pennsylvania, USA, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Arbitration (This Arbitration Provision Is for Australia Only)
Any dispute, controversy, or claim arising out of, relating to, or in connection with this contract, including any question regarding its existence, validity, or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia . The language of the arbitration shall be English. The number of arbitrators shall be one.
Choice of Law (This Provision Is for Australia Only)
This Agreement will be governed by and construed in accordance with the laws of Sydney, Australia, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Arbitration (This Arbitration Provision Is for Canada Only)
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The place of arbitration shall be Ontario, Canada. The language of the arbitration shall be English. The number of arbitrators shall be one .
Choice of Law (This Provision Is for Canada Only)
This Agreement will be governed by and construed in accordance with the laws of [Ontario, Canada], without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
HearFirst,LLC grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and HearFirst,LLC.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of HearFirst,LLC.
Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
Eligibility and Registration for Membership
To use our Services, you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services, you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. HearFirst, LLC has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration with or without explanation.
When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.
HearFirst,LLC reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.
Our Website publishes content supplied by third parties, Users, Advertisers, Merchants, and Sponsors. Accordingly, HearFirst,LLC has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Website, are those of the respective author(s) and not of HearFirst,LLC. HearFirst,LLC does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.
You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and HearFirst,LLC or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
HearFirst,LLC is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by HearFirst,LLC. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. HearFirst,LLC is not responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. HearFirst,LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
HearFirst,LLC is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
Under no circumstances will HearFirst,LLC be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
HEARFIRST, LLC, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. HEARFIRST,LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. HEARFIRST,LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU HEARFIRST,LLC.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL HEARFIRST,LLC OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF HEARFIRST,LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HEARFIRST,LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Members may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed
to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. HearFirst,LLC is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, HearFirst,LLC will submit all necessary information to relevant authorities.
If any Member Content is reported to HearFirst,LLC as being offensive or inappropriate,
we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by HearFirst,LLC. If the Member fails to meet such a request,
HearFirst,LLC has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
Violates any local, state, federal, or international laws
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
Links directly or indirectly to any materials to which you do not have a right to link
Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
In the sole judgment of HearFirst,LLC is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose HearFirst,LLC, our affiliates, or our Users to any harm or liability of any type
Use our Content to:
Develop a competing website
Create compilations or derivative works as defined under United States copyright laws
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
Decompile, disassemble, or reverse engineer our Website, Services, and any related software
Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
Use of Information
You grant HearFirst,LLC a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our Website, you are granting HearFirst,LLC, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content in connection with the operation of the business of HearFirst,LLC, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website or Service, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.
Links to Other Websites
You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund and Return Policy
To the extent that you purchase any goods directly from us, we may refund your purchase price within thirty (30) days of your notifying us in writing of your desire for the refund together with a reason for the request subject to the return of the Product to us in substantially the same condition as when you purchased it. Any refund or return may be subject to restocking fees as found on our Website.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
Copyright © Orion Systems. Neither this document nor any portion of it may be copied or duplicated without
a license from http://www.DisclaimerTemplate.com
Medical Disclaimer: The purchaser has been advised at the outset of his/her relationship with the hearing aid dealer that any examination or representation made by the registered hearing aid dealer and fitter in connection with the practice of fitting and selling of his/her hearing aid(s), is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this commonwealth and therefore must not be regarded as a medical option. The purchaser does hereby acknowledge review and receipt of this document for the purchase sales of a hearing aid(s).
I have been advised that FDA and the State have determined that my best health interests would be served if I had a medical examination by an otologist or otolaryngologist or any licensed physician before my purchase of a hearing aid, HearFirst has fully and clearly informed me of the value of such medical examination. After such explanation, I voluntarily acknowledge this waiver at the time of purchase. I choose not to seek a medical examination before the purchase of the hearing aid(s). I understand and agree with the above statement, and that I am 18 years of age or older.
HIPPA: The following is the notice of privacy that we at HearFirst will be adhering to in response to the new HIPPA privacy rule. These new rules are being put into effect to protect you, our patient and all of your medical records that are contained in our office. This policy effective date is April 14, 2013.
1. HearFirst is committed to keeping our patients PHI (protected health information) confidential. In certain instances HearFirst will be releasing PHI; to insurance companies for billing concerns, primary care physicians, specialty physicians as well as hearing aid companies. At times it may also be requested that PHI is released to family members or lawyers when approved by the patient. When hearing aids are ordered or needed to be repaired agrees that their relevant PHI is released to the appropriate companies.
2. Patients of HearFirst may have access to their records and may request copies of their medical records during regular business hours. Professional hearing aid center will be liable to provide these records within 48 hours of being requested.
3. the following employee of HearFirst can be contacted in regard to this offices privacy, 717-259-9454 By purchasing hearing aids from HearFirst you have read and agree to the terms authorizing the release of your PHI to the above-listed entities, if necessary, and will not hold liable HearFirst or any member of its staff for the release of the information.
Delivery schedules: are approximate only and are based on conditions at the time of acceptance of the order by HearFirst. We shall make reasonable efforts to meet any quoted or acknowledged delivery date(s), but we shall not be liable for any failure to meet such date(s).
Signature is required at the time of delivery or when you receive the package. If you are not at home when the shipment arrives, then USPS will leave a notice form for you to pick up your package at your local post office. Your signature begins your 30-day trial period. Time extensions are available when a fitting issue requires more time in writing by HearFirst via-email. Any time extensions will be confirmed with video chat for HearFirst to make the accommodations to extend the 30-day trial period.
Return Shipping: The purchaser is responsible for shipping on all returns and packaging. Shipping insurance expense on all returns/charges shall be the customer’s sole responsibility unless otherwise agreed to in writing by HearFirst.
Service: If you need a "Telecare" or "Remote Desktop" tuning or repair services, please call or email us to set up an appointment, or if we are available, we can remote session with you instantly.
In-Warranty Repair: The manufacturer, Signia/Siemens, provides a 2year warranty for 1Primax and 2 Primax Hearing aids and 2 years lost, stolen, and damages coverage; and 1 year of hearing loss change protection on all new hearing aids. A one-time $300.00 deductible co-payment applies to each lost, stolen, or damaged aid claim.
The manufacturer Signia/Siemens, provides a 3-year warranty for 3Primax, 5Primax and 7Primax hearing aids; 3 years lost, stolen, and damages coverage; and 1 year of hearing loss change protection on all new hearing aids. A one-time $300.00 deductible co-payment applies to each lost, stolen, or damaged aid claim.
Our goal is to ensure that the user has access to a working hearing aid(s) as quickly as possible. Often, issues can be resolved without having to return the hearing aid(s). The service video clips on the main page of our website will instruct you on troubleshooting and handling your hearing aids or access the video clips using the myHearing app installed on your smartphone. If you choose to call us, and we are available, we can remote connect and video chat to assist you in troubleshooting most issues. If you are within your warranty period, call us and we will email you the necessary forms to be completed before shipping your hearing aids to HearFirst for repair. Any repair or replacement hearing aid(s) are at the discretion of the manufacturer. (See manufacturer’s warranty for more details.) In the warranty, you are responsible for shipping costs to HearFirst (return shipping is free). Signature is required when we deliver the repair.
Out of Warranty: The out of warranty repair fee is $250.00 per hearing aid. This must be paid before service is completed. Call us first if you have an out of warranty repair, and we can instruct you on the process for payment before we email you the necessary forms. You are responsible for the shipping cost to HearFirst (the return shipping is free). We will also pay to extend the standard 6-month coverage and "upgrade the warranty" (as part of your $250.00 fee) to a full 12-month warranty. This extension is only allowable for hearing aids under 5 years old. (See manufacturer’s warranty for more details.)
Manufactures Warranty: Manufacturer warrants that the products manufactured by manufacture shall be free from defects in material or workmanship under normal use and service for the warranty period. The manufacturer's obligation under this warranty is limited, at manufacturer's option, to repair or replacement of the product or any part. The warranty period on hearing instruments, remote controls, chargers and wireless accessories shall commence upon the first patients use, and shall continue for 12 consecutive months, or 24 months for series,1Primax,2Primax, 3Primax, 5primax and 7primax products. No warranty shall apply to any products which: (A.) have been damaged by fire, accident, miss use, abuse, negligence, improper application, or alteration or by force majeure occurrence by the customer's or patient's failure to operate the products in accordance with the manufacturer's instructions or to maintain the recommended operating environment. (B.)Are defective due to unauthorized attempts to repair, maintain, service, add to or modify the products by the customer or any third party or due to non-Sivantos supplied parts equipment or software. An extended warranty can be purchased during the warranty period of the hearing instrument. The maximum warranty period for an instrument is 36 months. Units with a three-year warranty are not eligible for additional warranty. Chargeable repairs include a six-month warranty which can be extended to 12 months at the time of repair upon customer request. 12-month extension is only allowable for hearing aids under 5 years old. Terms and conditions of an extended warranty are the same as the terms and conditions offered under the manufacturer's standard warranty included on every hearing instrument. The extended warranty begins when the initial warranty ends even if the extended warranty is purchased during the initial warranty period. This applies only to new warranties, not repair warranties.
Custom Shell/ Ear Mold Remakes: Shell remakes for the same patient ear and/or shell type requested (example: shell remake in-the-ear, ITE for ITE) within 12 months of the invoice date will be made at no charge. After 12 months, remakes will cost $250.00 BTE Ear mold remakes for the same patient/ear mold type request within 90 days of invoice date will be made at no additional charge. Additional charges may apply if changes outside the specs of the original order rare requested.
Warranty Disclaimer: The seller, HearFirst, is an independent dispenser and not an employee or agent of any manufacturer. The seller is not authorized to modify or change the manufacturer's limited warranty; the hearing loss change protection plan or lost, stolen, or damage plan; or otherwise obligate or bind the manufacturer. The manufacturer is not authorized to modify, rescind, or change the terms of this agreement. The purchaser (and the customer if not the same as purchaser) acknowledges that he or she has read and received a copy of this agreement and agrees to be bound by its terms. The purchaser shall not be entitled to incidental or consequential damages under the terms of this agreement.
Cancellation: You may cancel this transaction, without penalty or obligation, prior to delivery, and you are entitled to a full refund of the purchase price of the aid(s) and accessories. To cancel any transaction, please call, mail, or email, and we will apply a full refund for services not yet rendered. HearFirst reserves the right to cancel any sale at any time. Should this take place, a full refund will be offered.
Return/Refund: All hearing aid sales have a 30-day money-back guarantee when notifying HearFirst within the first 30 days of delivery with the product in the same condition, with ordinary wear and tear. Simply call or email in writing to start the return process. If you cancel within the 30-day trial period, any payments made by you under the contract or the sale will be returned to you within 10 business days following the return of the hearing aids and accessories invoiced, and any security or interest arising out of the transaction will be canceled. If a (return) cancellation fee applies, it will be in writing and you will be notified before signing any contract. Since there is no return fee, you will receive a 100% money-back guarantee. (Refer to the Hearing Aid Disclosure Agreement on your sale contract for any non-refundable fees, which may apply.)
Returns and Refunds Policy: Thank you for shopping at HearFirst. If you are not entirely satisfied with your purchase, we're here to help. Our products can be returned within the 30-day trial period for a full refund or exchange. All exchanges begin a new 30 day trial. After the 30-day trial period, the customer is not eligible for a refund, unless if agreed to in writing by HearFirst. To be eligible for a return, please make sure that: The product was purchased in the last 30 days The product is in its original packaging The product isn't used or damaged You have the receipt or proof of purchase You obtained a Return Merchandise Number (RMN) from us Products that do not meet these criteria will not be considered for return. To obtain a Return Merchandise Number (RMN), contact us: By phone number: (717) 259-9454 or (717) 848-2288 By email: email@example.com By visiting this page on our website: www.hearfirst.online/contact Send the product with its original packing and the receipt or proof of purchase and the RMN number, along with a note indicating whether you want to exchange the product (and if so, what other product you want to order) or a refund, to: HearFirst 193 Kimberly Ln. East Berlin, PA 17316 The return tracking number needs to be provided to HearFirst, via-email as soon as it becomes available from your selected carrier. This is an important step so that we can confirm the return. Please save this tracking number for future. Once the items are received in the expected condition, undamaged in original packaging (matching serial numbers on; Hearing Aids, or accessories such as a computer, wireless hardware, software and video camera) HearFirst, will issue a refund or charge any difference in the exchange. Please note the inspection timeframe can vary by manufacturer. An email confirmation will be sent to you once we have processed the refund or exchange.
Shipping charges: incurred in connection with the return of a product are non-refundable. You are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping, to and from HearFirst. As we provide free shipping to you, we do not offer prepaid return labels. We found that USPS offers the cheapest rates (Priority mail is no more than $10.00) for tracked and signature requirements for shipments.
Damaged items If you received a damaged product, please notify us immediately for assistance.
Sale items: Sale items can be refunded.
Contact us If you have any questions about our Returns and Refunds Policy, please contact us: By phone number: (717) 259-9454 or (717) 848-2288 By email: firstname.lastname@example.org By visiting this page on our website: www.hearfirst.online/contact
Pensylvania Disclosure Agreement: Please refer to the Pennsylvania State Law Disclosure Agreement Money Back Guarantee on your sales contract. 30 Day Money Back Guarantee: If a hearing aid is returned within 30 days of the date of delivery in the same condition, ordinary wear and tear excluded, you are entitled to a refund of the portion of the purchase price of the hearing aid and accessories as itemized on the receipt. If a cancellation fee is imposed the nonrefundable amount for each aid and accessories cannot exceed 10% of the purchase price of the hearing aid and accessories or $150.00 per aid and accessories, whichever is less. If you cancel your order prior to delivery or (ship date), you are entitled to full refund of the purchase price of the aid and accessories, and a full refund for services not yet rendered. (Our return policy has a non-refundable fee of $0.00.)
LEVEL II PREMIUM SERVICE (Optional) Remote Desktop Service and Privacy: The only data stored on our laptop computer assigned by HearFirst is the following: Patient Name, Address, Date of Birth, Audiogram, and Patient Adjustment History. Your information is password protected on your computer and is only accessible by the HearFirst Administrator. This measurement of protection, locks the Signia Connexx Fitting Software, making it inaccessible after the remote session or any interruptions during the connection. This door locks shut, and access is unavailable to the user without the encrypted pass-code. We have you individually protected on a global network. The average hearing aid system’s lifecycle is 5 years. Simply recycle or destroy your hearing aids and laptop at your discretion.
Hardware/Software Replacement Plan: All hardware and software is owned by HearFirst, and the purchaser is assigned items such as programming-ConnexxLink, wireless adapters, software, ENTO endoscope camera, and the laptop computer, which are to be used at your own risk and have no carry-over warranty coverage. It is prohibited to use the equipment for any other reason other than for HearFirst to access the remote desktop services. Replacement cost of the hardware will be classified as mistreated or neglected and not covered under any warranty by HearFirst. Computer hardware and wireless adapters have a 1-year limited manufacturer warranty that is not transferable to a third party. Any replacement cost not covered under the manufacturer’s limited warranty and shipping charges, if any, are at the expense of the purchaser. Should you need a 1-time replacement item listed above to keep your service operational, the estimated amounts are $450.00 for the computer and $300.00 for the ConnexxLink hardware, $70.00 endoscope for each hardware item, should it need to be replaced.
Personal Use on Computer: IT IS PROHIBITED AND AGAINST THE TERMS OF THIS AGREEMENT FOR THE PATIENT TO USE THE ASSIGNED LAPTOP FOR ANY PERSONAL USE ON THE INTERNET OR ANY COMPUTER-RELATED ACTIVITIES OTHER THAN REMOTE PATIENT TUNING FOR ADJUSTING HEARING AIDS.
Cyber Security: To keep HearFirst computers operational, Norton or Kaspersky Antivirus Software is factory installed on your computer. A renewal notification will be displayed each time you power up your computer. This notification begins at the end of your (1st year) protection service.
IT Department: If the laptop becomes inaccessible from misuse, you will need to ship the laptop back to HearFirst. Our IT department will wipe clear the hard drive and reinstall the operating system, deleting all data on the assigned laptop. We will reinstall our software and reconnect you to our service. The patient pays the shipping cost both ways. Priority mail should cost $20.00 each way. PLEASE BE AWARE, ALL ASSIGNED LAPTOPS HAVE A 1-YEAR MANUFACTURER’S WARRANTY, WHICH IS ESTABLISHED AT THE TIME THAT HEARFIRST PURCHASES THE LAPTOP TO BE DISTRIBUTED. PLEASE NOTE THE DISCLOSURE AGREEMENT OR SALES CONTRACT DATE ON YOUR RECEIPT(S) LISTING THE FACTORY WARRANTY AND MAY DIFFER FROM THE ASSIGNED LAPTOP COMPUTER. IF THE ASSIGNED COMPUTER BECOMES DISABLED AND WE ARE NOT ABLE TO RESTORE THE COMPUTER UNDER OUR PURCHASE WARRANTY DATE, THE COMPUTER IS CONSIDERED NEGLECTED OR DAMAGED. THE PATIENT IS RESPONSIBLE TO PURCHASE A REPLACEMENT LAPTOP IF THEY WANT TO CONTINUE THIS SERVICE. THE RECOMMENDED MINIMUM SYSTEM REQUIREMENTS ARE INTEL PENTIUM (COREi5) 2 GHz AND HIGHER, 20GB FREE DISK SPACE, 4GB MEMORY, AND WINDOWS 10. A REPLACEMENT COMPUTER THROUGH OUR LENOVO DISTRIBUTION CONTRACT MAY COST AROUND $450.00 OR MORE.