Audicus, Inc. (“Audicus”, “we”, “us”, “our”, “The Company”), is the owner and operator of the website https://www.audicus.com, with associated sub-pages (“The Site”), including the Audicus Hearing Test ("Test", "Audicus Hearing Screen" or "Hearing Screener"). The following Terms of Service govern the use of the Site and the Test. “Client”, “You” and “Your” refers to you, the person accessing this Site or Test and by doing so, accepts the Company’s Terms of Service.
Please read these Terms of Service carefully.
Audicus reserves the right to alter these Terms of Service, with the new terms becoming effective as of the date or publishing, indicated at the beginning of the post. These terms are binding upon you and you should read them whenever you use the Site or Test.
Privacy
Please review Audicus' Privacy Policy, which governs your visit to the Site and Test.
No Professional Advice
The Site and the Test are not intended to diagnose, prevent, monitor, treat, alleviate or compensate a disease, an injury, a disability or a handicap. The Site and the Test are not intended to be used for medical purposes. The Test does not replace a visit to a hearing care professional and it does not constitute a medical diagnosis. If you think you have hearing problems, please consult with your doctor, or other qualified healthcare professional before using this Site and Test. Use this Site and Test at your own risk. This Site and Test should be used with headphones provided by Audicus. The creators don't take any responsibility for direct or indirect damage that could result from its use.
Any information supplied through the Site and the Test or by any of our employees or agents, whether by telephone, e-mail, letter, fax or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. Health- related information provided through Site and the Test are not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.
If you have or think you may have any of the following conditions, Audicus advises you to consult promptly with a licensed physician (preferably an ear specialist) prior to purchase:
- Visible deformity of the ear
- Fluid or drainage from the ear within the past 90 days
- Sudden, rapidly progressing, or fluctuating hearing loss
- Spells of acute or chronic dizziness
- Hearing loss only on one side that worsened in the past 90 days
- Ear canal blockage, a lasting ear infection or a plugged up fullness feeling
- Excessive wax buildup, or a history of excessive wax buildup
- Pain or discomfort in the ear
- Ringing in one or both ears within last 90 days
Permitted Use
The Site is not intended for anyone under 18 years of age. You may not use the Site for anything but for personal, non-commercial purposes. You therefore warrant to Audicus that you will not use the Site for anything that is unlawful or prohibited by these Terms of Service. We reserve the right to refuse service, discontinue transactions, terminate accounts, or cancel orders in its sole discretion.
Children
Audicus does not sell products for purchase by children. Children should not submit any Personal Information to us. If you are under 18 years of age, you may only use the Site with your parent or guardian. Parents should be aware that Audicus’ Privacy Policy governs our use of Personal Information. That information which is voluntarily given by children or others in chat sessions, email exchanges, bulletin boards or the like may be used to generate unsolicited mail. Audicus encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet.
Medical Waiver
When purchasing a hearing aid from Audicus, you acknowledge that you are 18 years of age or older and that you have been advised by Audicus that the Food and Drug Administration has determined that your best health interest would be served if you had a medical evaluation by a licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing aid. You do not wish a medical evaluation before purchasing a hearing aid.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and other related login and account information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. In consideration of your use of this website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the forms for your account, prescription and order information (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of this website. Account Information and certain other information about you are also subject to our Privacy Policy. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Shipping
All products purchased through the Site are shipped and billed by Audicus. Risk of loss passes to the purchaser upon delivery of a product to a common carrier. Orders are typically shipped standard ground. Shipping fees on returns will be incurred by the user. Note also that for international orders, Audicus will not be able to cover shipping and customs costs (if applicable).
Returns & Promotions
All Hearing Aids and Personal Sound Amplification products sold on the Site are subject to a 45-day money back guarantee, less return shipping fees. Audicus will not refund products that were modified, damaged through no fault of Audicus, or repaired without the written consent of Audicus. Any promotion is contingent on the hearing device(s) being kept within the 45-day trial period. Any returned hearing device(s) are not subject to a) any monetary value based on the discounted amount applied to the original purchase b) all promotional gift(s) must be returned as part of the 45-day trial period for a valid refund.
Reselling Products Prohibited
You are absolutely prohibited from reselling in any manner any products you purchase from Audicus, whether you purchased the products through the website or by any other means.
Reviews, Comments, Communications and Other Content
You may post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Audicus a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Audicus and any of our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this agreement and will not cause injury to any person or entity; and that you will indemnify Audicus for all claims resulting from content you supply. If you use a Community Forum, you are solely responsible for your own communications and the consequences of posting those communications. We take no responsibility and assume no liability for any content posted by you or any third party.
Disclaimer of Warranties
Neither Audicus nor its employees, agents, Suppliers, third party information providers, merchants, licensors or the like warrant that the Site and Test or their operation will be accurate, reliable, uninterrupted or error-free.
Without limiting the foregoing, everything on the Site and Test is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, covering the products available on the Site or Test and the accuracy of the information contained within your account or within the Site and Test. Audicus makes no warranties about the accuracy, reliability, completeness or timeliness of the Site or Test's content, software text, graphics, and links, or about results to be obtained from using the the Site and Test.
If your use of the Site or Test results in the need for servicing or replacing property, material, equipment or data, Audicus is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the the Site or Test on behalf of Audicus. Audicus reserves the right to change or discontinue at any time any aspect or feature of the Site or Test. Audicus does not assume any liability for the contents of any material provided on the Site or Test. Reliance on any information presented on the the Site or Test is at your own risk. The purchase and use of any products exhibited on the Site are at your own risk.
You acknowledge that, in connection with the Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Audicus. Accordingly, Audicus assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.
Limitation of Liability
In no event will Audicus or its affiliates, or any party involved in creating, producing or delivering this service, be liable for any direct, indirect, special or punitive damages and costs (including, without limitation, health problems, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) arising out of your access, use, misuse or inability to use the Site or Test, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. Audicus reserves the right to alter the content of the Site or Test in any way, at any time, for any reason, without prior notification, and will not be liable for possible consequences of such changes. These limitations apply even if Audicus has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the liability in such jurisdictions shall be limited to the extent permitted by the law.
Indemnification
Upon a request by Audicus, you agree to defend, indemnify and hold Audicus, its officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Test in a manner that violates or is alleged to violate these Terms of Service.
Links
Occasionally, we may make available a link to a third party’s website. These links will let you leave this website. The linked websites are not under our control, and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. We do not endorse any third party linked website or its use or contents.
Copyrights
Audicus retains full copyright ownership, rights and protection in all material contained on the Site and Test (including all software, HTML code, Java Applets, Active X controls and other code). Except as otherwise expressly provided in these Terms of Service, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Site and Test without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on the Site.
You may, however make single copies of materials displayed on the Site or Test for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Test. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Audicus or the copyright owner of the copied material.
None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Audicus.
Trademarks
All rights in the product names, company names, trade marks, service marks, slogans, logos, product packaging and designs (“The Audicus Marks”) of all Audicus’ or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Audicus or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. You may not use the Audicus Marks without written authorization from Audicus and by using the Site, you acknowledge that the Audicus Marks are valid trademarks. Third party trademarks used on the Site are the property of their respective owners.
Termination
You agree that Audicus may terminate your use of the Site or Test for any reason, with or without notice to you. You also agree that Audicus may modify or discontinue the Site, with or without notice to you and that we will not be liable to you or any third party as a result of such modification or discontinuation.
General Provisions
You expressly agree that exclusive jurisdiction for any dispute with Audicus, or in any way relating to your use of the Site (“Legal Action”), shall be the courts of New York, State of New York. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the District of New Jersey. These Terms of Service are governed by the internal substantive laws of the State of New Jersey, without regard to conflict of law principles. If any provision of these Terms of Service are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to Audicus must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Notification of Changes
Audicus reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Service to which you are bound. Your use of the Site after the posting of modifications to the Terms of Service will constitute your acceptance of this agreement, as modified. If at any time you do not wish to accept this agreement, you are not thereafter authorized to use the Site.
Survival
The provisions “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “Trademarks,” and “General Provisions” will survive termination of this agreement.
Questions
If you have any questions about these Terms of Service please contact Audicus at [email protected] or call 888-979-6918.
