Terms and Conditions
Welcome
to store.1stchoicehearingbenefits.com. This is an agreement between you ("the user"), and 1st Choice Hearing
Benefits LLC ("1CHB"). The
store.1stchoicehearingbenefits.com website ("the site") is an e-commerce
website, comprised of various web pages operated by The site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of the site constitutes your
agreement to all such Terms. Please read these terms carefully, and keep
a copy of them for your reference.
1st Choice Hearing Benefits provides hearing aids at a discount to patients of hearing healthcare providers.
Privacy
Your
use of store.1stchoicehearingbenefits.com is subject to 1CHB's Privacy
Policy. Please review our Privacy Policy, which also governs the Site
and informs users of our data collection practices.
Electronic Communications
Visiting
the site or sending emails to 1CHB constitutes electronic
communications. You consent to receive electronic communications and you
agree that all agreements, notices, disclosures and other
communications that we provide to you electronically, via email and on
the Site, satisfy any legal requirement that such communications be in
writing.
Your Account
If you use this site, you are
responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account
or password. You may not assign or otherwise transfer your account to
any other person or entity. You acknowledge that 1CHB is not responsible
for third party access to your account that results from theft or
misappropriation of your account. 1CHB and its associates reserve the
right to refuse or cancel service, terminate accounts, or remove or edit
content in our sole discretion.
Children Under Thirteen
1CHB
does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18,
you may use store.1stchoicehearingbenefits.com only with permission of a
parent or guardian.
Cancellation/Refund Policy
Within a
45 day trial period, the consumer may return or exchange product for any
reason. Once the products have been received and credited by the
manufacturer, a refund will be issued minus a $275 service fee. Any
refunds after the 45 day trial period will not qualify for a refund.
Please contact us a info@1stchoicehearingbenefits.com with any
questions.
Links to Third Party Sites/Third Party Services
store.1stchoicehearingbenefits.com
may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of 1CHB and 1CHB is not responsible for the
contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
1CHB is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by 1CHB of the site or
any association with its operators.
Certain services made
available via store.1stchoicehearingbenefits.com are delivered by third
party sites and organizations. By using any product, service or
functionality originating from the store.1stchoicehearingbenefits.com
domain, you hereby acknowledge and consent that 1CHB may share such
information and data with any third party with whom 1CHB has a
contractual relationship to provide the requested product, service or
functionality on behalf of store.1stchoicehearingbenefits.com users and
customers.
No Unlawful or Prohibited Use/Intellectual Property
You
are granted a non-exclusive, non-transferable, revocable license to
access and use store.1stchoicehearingbenefits.com strictly in accordance
with these terms of use. As a condition of your use of the Site, you
warrant to 1CHB that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any
manner which could damage, disable, overburden, or impair the Site or
interfere with any other party's use and enjoyment of the Site. You may
not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the
Site.
All content included as part of the Service, such as
text, graphics, logos, images, as well as the compilation thereof, and
any software used on the Site, is the property of 1CHB or its suppliers
and protected by copyright and other laws that protect intellectual
property and proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other restrictions
contained in any such content and will not make any changes thereto.
You
will not modify, publish, transmit, reverse engineer, participate in
the transfer or sale, create derivative works, or in any way exploit any
of the content, in whole or in part, found on the Site. 1CHB content is
not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will
not delete or alter any proprietary rights or attribution notices in any
content. You will use protected content solely for your personal use,
and will make no other use of the content without the express written
permission of 1CHB and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant
you any licenses, express or implied, to the intellectual property of
1CHB or our licensors except as expressly authorized by these Terms.
International Users
The
Service is controlled, operated and administered by 1CHB from our
offices within the USA. If you access the Service from a location
outside the USA, you are responsible for compliance with all local laws.
You agree that you will not use the 1CHB Content accessed through
store.1stchoicehearingbenefits.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
Indemnification
You
agree to indemnify, defend and hold harmless 1CHB, its officers,
directors, employees, agents and third parties, for any losses, costs,
liabilities and expenses (including reasonable attorney's fees) relating
to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of
this Agreement or your violation of any rights of a third party, or your
violation of any applicable laws, rules or regulations. 1CHB reserves
the right, at its own cost, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with 1CHB in asserting any available
defenses.
Arbitration
In the event the parties are not
able to resolve any dispute between them arising out of or concerning
these Terms and Conditions, or any provisions hereof, whether in
contract, tort, or otherwise at law or in equity for damages or any
other relief, then such dispute shall be resolved only by final and
binding arbitration pursuant to the Federal Arbitration Act, conducted
by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by
the parties, in a location mutually agreed upon by the parties. The
arbitrator's award shall be final, and judgment may be entered upon it
in any court having jurisdiction. In the event that any legal or
equitable action, proceeding or arbitration arises out of or concerns
these Terms and Conditions, the prevailing party shall be entitled to
recover its costs and reasonable attorney's fees. The parties agree to
arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and
Conditions, whether directly or indirectly, including Tort claims that
are a result of these Terms and Conditions. The parties agree that the
Federal Arbitration Act governs the interpretation and enforcement of
this provision. The entire dispute, including the scope and
enforceability of this arbitration provision shall be determined by the
Arbitrator. This arbitration provision shall survive the termination of
these Terms and Conditions.
Class Action Waiver
Any
arbitration under these Terms and Conditions will take place on an
individual basis; class arbitrations and class/representative/collective
actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR
REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY
GENERAL ACTION AGAINST THE OTHER. Further, unless both you and 1CHB
agree otherwise, the arbitrator may not consolidate more than one
person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 1ST CHOICE
HEARING BENEFITS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE SITE AT ANY TIME.
1ST CHOICE HEARING BENEFITS
LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. 1ST CHOICE
HEARING BENEFITS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL 1ST CHOICE HEARING BENEFITS LLC AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 1ST
CHOICE HEARING BENEFITS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU
ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SITE.
Termination/Access Restriction
1CHB reserves the
right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by
the laws of the State of Arizona and you hereby consent to the exclusive
jurisdiction and venue of courts in Arizona in all disputes arising out
of or relating to the use of the Site. Use of the Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these
Terms, including, without limitation, this section.
You agree
that no joint venture, partnership, employment, or agency relationship
exists between you and 1CHB as a result of this agreement or use of the
Site. 1CHB's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in
derogation of 1CHB's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Site or
information provided to or gathered by 1CHB with respect to such use.
If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and 1CHB with respect
to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and 1CHB with respect to the Site. A printed version of
this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.
Changes to Terms
1CHB
reserves the right, in its sole discretion, to change the Terms under
which store.1stchoicehearingbenefits.com is offered. The most current
version of the Terms will supersede all previous versions. 1CHB
encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
1CHB welcomes your questions or comments regarding the Terms:
1st Choice Hearing Benefits LLC
PO Box 66006
Tucson, Arizona 85728
Email Address:
info@1stchoicehearingbenefits.com
Telephone number:
(888) 614-0044
Effective as of September 01, 2020
