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 (786) 520-2456. 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 firstname.lastname@example.org 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 email@example.com 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 firstname.lastname@example.org 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 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 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.
Mobile Communications Terms and Conditions – SMS
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.
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.
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
Carriers are not liable for delayed or undelivered messages
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.
hear.com Referral Program
Anyone may be a referrer in the Program (“Referrer”) so long as you: (1) are a legal resident of the fifty (50) United States or the District of Columbia; (2) you are the age of majority in your state/jurisdiction of permanent resident; and (3) your account is in good standing. The Program is void elsewhere and where prohibited.
2. HOW TO PARTICIPATE AND REDEEM REWARD
To participate in the Program as a Referrer, you must refer a friend or family member (the “Referred”).
In order to participate, a Referrer must provide hear.com with the Referred’s full name and valid email address on or before 11:59pm Eastern Standard Time on December 31, 2021 by doing the following:
a. Existing customers will receive an email requesting that they refer a friend or family member to hear.com. This email will contain a link to a web page where they can add the names and email addresses of people they would like to refer. Note: Existing customers will only be able to refer three (3) people.
b. Then, the Referred person will receive an email (the “Referral Email”) from hear.com stating that they have been referred and asking them to complete a questionnaire.
c. Once the Referred person makes a purchase on hear.com and starts their trial, the Referrer will receive their reward via email.
For every Referred person that makes a purchase on hear.com after receiving a Referral Email, the Referrer will receive a $300.00 Amazon Gift Card via email. The Referred person will receive a $300.00 discount on their purchase.
3. TERMS OF REDEEMING REWARDS
The rewards cannot be sold, transferred, or redeemed for cash, and they may not be combined with other offers, promotions or discounts.
Limit: Three (3) Reward redemptions per Referrer, per year. Limited (1) Reward redemptions per Referred person, per year.
In the event that a Referred person receives multiple Referral Emails, hear.com will only provide Rewards for the first Referral Email through which the Referred person makes a purchase. This means that if multiple Referrers refer the same person, only one of those Referrers will be entitled to receive a reward (i.e., the Referrer whose Referral Link is used first by the Referred person to make an eligible purchase) and the Referred person will only receive one reward; all other referrals will automatically be invalidated.
Rewards are subject to verification. Hear.com reserves the right to delay or refuse to issue a reward for reasons that hear.com may deem relevant, such as noncompliance with the Terms or any deceptive behavior.
Referrals will not be accepted after 11:59pm Eastern Standard Time on December 31, 2021. Notwithstanding the foregoing, hear.com reserve the right to cancel or modify the Terms of the Program at any time, including (without limitation) by canceling the Program prior to that date.
Exploiting the Program or assisting others to exploit the Program is strictly prohibited and will result in disqualification from the Program. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with hear.com. In addition, Referrers and Referred persons may not (i) use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed unfair, disruptive, harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program; (ii) tamper with the Program; (iii) collect or harvest any personally identifiable information from the Program or associated website(s); or (iv) use any system, bot or other device or artifice to participate or receive any benefit in the Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, HEAR.COM RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
5. MODIFICATION OR TERMINATION OF THE PROGRAM
The Program is offered at the discretion of hear.com, and hear.com reserves the right to terminate, suspend, or modify the Program, these Terms, the Rewards, conditions of participation, or any other aspect of the Program, in whole or in part, at any time, with or without notice, even though such changes may affect Rewards already earned. You understand that the most recent version of the Terms will be available at this page. Your continued participation in the Program following the posting on this page of any modification will indicate your acceptance of any modification to the Terms hereof. You may object to the modification to the Program and/or its Terms by no longer participating.
6. LIMITATION ON LIABILITY AND DISCLAIMER OF WARRANTIES
By participating in this Program, you agree that hear.com and its agents, representatives, affiliates, officers, directors and employees will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from any use of the Program, any failure or delay by hear.com in connection with the Program, or the performance or non-performance of the Program by hear.com, even if hear.com has been advised of the possibility of damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of your information.
Hear.com makes no warranty of any kind regarding the Program, which is provided on an “as is” and “as available” basis. Hear.com expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Hear.com is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Program, including without limitation that the Program will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to the Program. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
7. ADDITIONAL TERMS
We understand that sometimes customers no longer want to receive marketing and advertising communications from companies that have or want a relationship with them. Therefore, we have provided the following guidance to help you with stopping future communications with our company.
For Marketing Calls
If you no longer wish to receive phone calls from hear.com, please call (786)520-2456 or email email@example.com. Once we receive your request, we will add you to the company’s internal Do Not Call list. Allow 24-48 hours for removal.
For Text Messages
If you no longer wish to receive text messages from hear.com, please call (786)520-2456 or simply reply “STOP” to 95645. You will be opted out of receiving future messages after hear.com sends you a confirmation message confirming that the opt-out request has been processed. If you are experiencing issues with the messaging program, you can get help directly at (786)520-2456. Allow 24-48 hours for removal.
If you no longer wish to receive emails from hear.com, please call (786)520-2456 or click on the “unsubscribe” link included in the email you received. Allow 24-48 hours for removal.