Hear.com Mobile Communications Terms and Conditions (“Mobile Terms”)
Effective date: April 9th, 2018
A. Binding agreement
Through its website and via additional means, hear.com, LLC (“hear.com”) provides any individual located in the United States (“you”) with the option to receive information and marketing materials related to hear.com products and services via calls or messages to your mobile device using a mobile phone number you provide to hear.com (“mobile communications”). By signing up to receive mobile communications from hear.com, you agree to be bound by the following terms and conditions, and you represent and warrant that you have the legal authority and capacity to enter into this agreement.
IF YOU SIGN UP TO RECEIVE MOBILE COMMUNICATIONS FROM HEAR.COM, THESE TERMS AND CONDITIONS WILL BECOME PART OF A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HEAR.COM. PLEASE READ THIS DOCUMENT IN ITS ENTIRETY BEFORE SIGNING UP TO RECEIVE MOBILE COMMUNICATIONS. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY HEAR YOUR CLAIMS, OR TO PROCEED ON BEHALF OF OR AS PART OF A CLASS.
Consent is not a condition of receiving hear.com products or any hear.com service aside from receiving mobile communications; however, hear.com agrees to provide you with mobile communications ONLY if you agree to the terms contained herein. If you do not wish to agree to these terms, but wish to contact hear.com about its products and services, please contact a hear.com consultant by calling 1-213-297-2640.
Your agreement to receive mobile communications from hear.com does not affect the terms of any other contract or agreement you have related to other hear.com products or services.
B. Non-secure transmission of protected health information
Mobile communications sent by hear.com may contain protected health information (“PHI”) that is subject to certain legal protections under the Health Insurance Portability and Accountability Act (“HIPAA”) and other federal and state laws. Hear.com will treat all PHI in accordance with its Notice of Privacy Practices (https://www.hear.com/privacy-policy/) and will minimize the amount of PHI transmitted in mobile communications to the minimum amount necessary to achieve the purpose of the mobile communication. However, by signing up for mobile alerts, you expressly acknowledge that mobile communications hear.com sends may be unencrypted or insecure, that mobile communications are sent over public communications networks or similar facilities that are not within hear.com’s control, and that there is the possibility that unauthorized individuals may intercept, access, or read mobile communications that hear.com sends. IF YOU ARE CONCERNED ABOUT THE POSSIBLE DISCLOSURE OF PHI CONTAINED IN HEAR.COM MOBILE COMMUNICATIONS, DO NOT SIGN UP TO RECEIVE MOBILE COMMUNICATIONS. You agree to hold hear.com harmless against any unauthorized third party access to PHI contained in mobile communications from hear.com.
C. Mobile communications means and content
By signing up to receive mobile communications from hear.com, you are providing prior express written consent for hear.com to send you mobile communications at the number you provide to hear.com. Mobile communications may contain marketing or advertising material.
Hear.com may send mobile communications to you directly or through a third party acting on behalf of hear.com. In doing so, hear.com or a third party acting on its behalf may use non-automated or automated means to send mobile communications, including but not limited to equipment that qualifies as an automated telephone dialing system.
You agree not to respond to any hear.com mobile communication in any way that is unlawful or abusive or in any way that disrupts or damages hear.com’s property or systems. You understand that text messages and other communications you send in response to hear.com mobile communications may not be secure and may be intercepted or accessed by unauthorized third parties during transit. You agree to hold hear.com harmless against any unauthorized third party access to PHI contained in messages you send to hear.com.
D. Accuracy of number
You represent and warrant that you are the authorized mobile telephone subscriber for the number you provide to hear.com. You have confirmed that you have provided us with the correct number.
Hear.com will not impose any charges on you associated with its sending of mobile communications. However, your mobile device service provider may charge messaging or data fees or rates associated with mobile communications you receive from or send to hear.com. You are solely responsible for any such charges.
You may revoke your consent to receive mobile communications from hear.com at any time by texting “STOP” in reply to any hear.com mobile communication or by writing an email to email@example.com clearly indicating that you do not wish to receive additional mobile communications from hear.com.
Hear.com may, in its sole discretion, choose to honor or disregard revocation requests made through other means.
You agree to notify hear.com immediately if you cancel your subscription to the number you provided to hear.com at the time of registration by writing an email to firstname.lastname@example.org or change your domicile to a location outside of the United States. Hear.com will terminate your subscription to mobile alerts within a reasonable period of time upon receipt of such a notice.
Upon its own election, hear.com may terminate your participation in its mobile communications program at any time, in its sole discretion.
Hear.com may modify or revise these Mobile Terms at any time by posting revisions on the hear.com website. If you do not opt-out of receiving additional messages by texting “STOP” in reply to any hear.com mobile communication or by writing an email to email@example.com clearly indicating that you do not wish to receive additional mobile communications from hear.com after changes to these Mobile Terms, you agree to be bound by the modified or revised Mobile Terms.
You may not modify these Mobile Terms without express written consent from hear.com.
Any controversy, dispute, or claim arising out of or relating to these hear.com Mobile Communications Terms and Conditions, the breach thereof, or mobile communications sent by or on behalf of hear.com—including the suitability of your or hear.com’s claim for arbitration—shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. If an arbitrator’s award is granted, it is binding and may be entered in any court of competent jurisdiction.
Neither party may bring an action, in arbitration or otherwise, unless the action is started within two years of the occurrence allegedly causing the damage in question.
No arbitration brought under, or with respect to, this Section is to be joined to an arbitration involving any other party subject to these Mobile Terms, whether through class arbitration proceedings or otherwise. Unless hear.com and you mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general, or class proceeding.
The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Monetary relief shall be awarded only for direct damages; monetary relief shall not be granted for consequential damages, incidental damages, or lost profits.
Any arbitration award and any judgment confirming shall not have any precedential effect and may not be used in any other case except to enforce the award itself.
To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
For arbitration claims you assert against hear.com in accordance with this Section (but not for any arbitration claim against you), hear.com will pay your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Hear.com will pay its, and you will pay your, lawyers’, experts’, and witnesses’ fees, expenses, and costs with respect to all claims.
Before seeking arbitration, you must first send to hear.com a written Notice of Dispute (“Notice”). The Notice must be sent by certified mail to hear.com LLC 396 Alhambra Circle, Suite S 700 Coral Gables, FL 33134. The Notice should describe the nature and basis of your claim or dispute and the specific relief you seek. If you and hear.com cannot reach an agreement to resolve the claim within thirty days after the Notice is received, you or hear.com may commence arbitration.
I. Disclaimer of warranties
Hear.com sends mobile communications on an “as-is” basis. Hear.com specifically disclaims all express or implied warranties related to its mobile communications.
J. Governing law
These Mobile Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of law provisions.
If, for any reason, a court or arbitrator of competent jurisdiction finds any provision, or portion thereof, of these Mobile Terms unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Mobile Terms shall remain in full force and effect.
Sections H through K shall survive any termination of these Mobile Terms by either hear.com or you.