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Mobile Terms & Conditions Mobile Communications Terms and Conditions (“Mobile Terms”)

Effective date: April 9th, 2018

A. Binding agreement
Through its website and via additional means,, LLC (“”) provides any individual located in the United States (“you”) with the option to receive information and marketing materials related to products and services via calls or messages to your mobile device using a mobile phone number you provide to (“mobile communications”). By signing up to receive mobile communications from, 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.
Consent is not a condition of receiving products or any service aside from receiving mobile communications; however, 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 about its products and services, please contact a consultant by calling (786) 520-2456.
Your agreement to receive mobile communications from does not affect the terms of any other contract or agreement you have related to other products or services.

B. Non-secure transmission of protected health information
Mobile communications sent by 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. will treat all PHI in accordance with its Notice of Privacy Practices ( 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 sends may be unencrypted or insecure, that mobile communications are sent over public communications networks or similar facilities that are not within’s control, and that there is the possibility that unauthorized individuals may intercept, access, or read mobile communications that 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 harmless against any unauthorized third party access to PHI contained in mobile communications from

C. Mobile communications means and content
By signing up to receive mobile communications from, you are providing prior express written consent for to send you mobile communications at the number you provide to Mobile communications may contain marketing or advertising material. may send mobile communications to you directly or through a third party acting on behalf of In doing so, 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 mobile communication in any way that is unlawful or abusive or in any way that disrupts or damages’s property or systems. You understand that text messages and other communications you send in response to mobile communications may not be secure and may be intercepted or accessed by unauthorized third parties during transit. You agree to hold harmless against any unauthorized third party access to PHI contained in messages you send to

D. Accuracy of number
You represent and warrant that you are the authorized mobile telephone subscriber for the number you provide to You have confirmed that you have provided us with the correct number.

E. Charges 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 You are solely responsible for any such charges.

F. Cancellation
You may revoke your consent to receive mobile communications from at any time by texting “STOP” in reply to any mobile communication or by writing an email to clearly indicating that you do not wish to receive additional mobile communications from may, in its sole discretion, choose to honor or disregard revocation requests made through other means.
You agree to notify immediately if you cancel your subscription to the number you provided to at the time of registration by writing an email to or change your domicile to a location outside of the United States. will terminate your subscription to mobile alerts within a reasonable period of time upon receipt of such a notice.
Upon its own election, may terminate your participation in its mobile communications program at any time, in its sole discretion.

G. Modification may modify or revise these Mobile Terms at any time by posting revisions on the website. If you do not opt-out of receiving additional messages by texting “STOP” in reply to any mobile communication or by writing an email to clearly indicating that you do not wish to receive additional mobile communications from 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

H. Disputes
Any controversy, dispute, or claim arising out of or relating to these Mobile Communications Terms and Conditions, the breach thereof, or mobile communications sent by or on behalf of—including the suitability of your or’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 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 in accordance with this Section (but not for any arbitration claim against you), 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. 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 a written Notice of Dispute (“Notice”). The Notice must be sent by certified mail to LLC 396 Alhambra Circle, Suite 600 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 cannot reach an agreement to resolve the claim within thirty days after the Notice is received, you or may commence arbitration.

I. Disclaimer of warranties sends mobile communications on an “as-is” basis. 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.

K. Severability
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.

L. Survival
Sections H through K shall survive any termination of these Mobile Terms by either or you.

Mobile Communications Terms and Conditions – SMS

  1. Depending on what you have opted into, you will receive messages about the hearing aid trial and/or marketing. We will contact you during our process with transactional messages to confirm your signup or send you an appointment reminder for your hearing aid trial. Leads who signed up for a hearing aid trial but couldn’t be reached or decided to continue at a later stage after talking to a consultant, can receive marketing text messages about hearing aid news.
  2. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
  3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at 1-303-956-1823
  4. Carriers are not liable for delayed or undelivered messages
  5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages depending on the level of service, message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
  6. If you have any questions regarding privacy, please read our privacy policy: