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193 Kimberly ln, East Berlin, PA 17316, US
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(717) 848-2288

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Terms

Terms and Conditions


HearFirst, LLC
193 Kimberly Ln
East Berlin, PA 17316
717.259.9454
 

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.    
 

Definitions
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.
 

Privacy Policy
Our Privacy Policy is considered part of this Agreement and is available  on this website. You must review our Privacy Policy by clicking on this  Link.  https://websites.godaddy.com/en-US/editor/ea65f0c2-7355-4287-8df5-c98335f313f8/c7ae2f58-7b02-47bb-b0c4-dcaf4f41108c . If you do not accept and agree to be bound by all the terms of this Agreement, including the www.HearFirst.online Privacy Policy, do not use this Website or our Services.
 

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.
 

Limited License
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.
 

Legal Compliance
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.
 

Disclaimer
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.
 

Warranty Disclaimer
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.
 

Member Conduct
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.
 

Unlawful Activity
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
Our Website may from time to time contain links to third-party websites.  Inclusion of links for any website on our Website does not mean that we  endorse, guarantee, warrant, or recommend the services, information,  content, and/or data of such third-party websites. HearFirst,LLC has no  control over the legal documents and privacy practices of third-party  websites; you access any third-party websites at your own risk. We  recommend that you review the privacy policy and terms and conditions of  those websites to fully understand what information is collected and  how it is used.
 

Payments
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.
 

Indemnification
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.
 

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Terms of Use
 

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:  support@hearfirst.online 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: support@hearfirst.online 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.      
 

Terms of Use:  HEARFIRST SHALL NOT BE RESPONSIBLE FOR LOSS, STOLEN, DAMAGED LAPTOP  REPLACEMENT COST, FACTORY WARRANTY, LIABLE FOR CORRUPT FILES, STOLEN  PERSONAL DATA, ALL FILES RELATING TO THE PATIENT ON ASSIGNED COMPUTER  FROM, CYBERATTACK, VIRUS, OR MALWARE. WE TAKE EVERY MEASURE TO MAKE YOUR  DATA INACCESSIBLE. USE AT YOUR OWN RISK!   
 

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.