Terms of service

THESE TERMS OF SERVICE CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND AUDIEN HEARING AND REQUIRES THE MANDATORY ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. YOU HAVE THE RIGHT TO OPT OUT. VIEW THESE TERMS BELOW.

AUTO-RENEWAL DISCLOSURE (AUDIENCARE MEMBERSHIP) By enrolling in AudienCare, you agree to a recurring subscription that automatically renews each month at $9.00 per month (plus any applicable taxes) unless and until you cancel. Your payment method will be charged on a recurring monthly basis without further authorization. You may cancel at any time by clicking here or here, or contacting us at support@audienhearing.com. Cancellation will take effect as described in Section 22 below.

CALIFORNIA RESIDENTS: If you enroll in AudienCare and are a California resident, you may cancel your subscription and request a refund prior to midnight of the third business day following enrollment by contacting support@audienhearing.com and stating that you wish to cancel your subscription. Please include your name, purchase date, and the email address associated with your account. Cancellation of AudienCare does not automatically cancel or return any purchased products, which remain subject to the applicable Return Policy.

*Audien Hearing’s Veterans Day “Buy One, Give One” campaign supports U.S. veterans by donating hearing aids through verified partner organizations. Donations will be capped at a total of 1,500 hearing aids. Our primary partner for this initiative is the Washington Commanders, where Audien will donate 1,000+ hearing aids to veterans during the team’s Salute to Service game. Additional donations will be made to other veteran-focused charities and community programs until the 1,500-unit limit is reached.

OVERVIEW
This website is operated by Audien Hearing. Throughout the site, the terms “we”, “us” and “our” refer to Audien Hearing. Audien Hearing offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Audien Hearing is solely a seller of hearing-related products and provider of general informational and product-support services and does not engage in the practice of medicine, audiology, or any other licensed healthcare profession. Audien Hearing does not diagnose, treat, cure, mitigate, monitor, or manage hearing loss or any other medical condition. Any questionnaires, hearing checks, informational hearing assessments, product recommendation tools, educational materials, summaries, insights, or similar features made available through the Services are provided solely for general consumer informational purposes and to assist customers in evaluating Audien Hearing products. Such features are not medical devices, are not intended for diagnostic or treatment purposes, may not be clinically accurate, and are not intended to replace evaluation by a licensed physician, audiologist, or other qualified healthcare provider. Additionally, Audien Hearing does not supervise, oversee, or assume responsibility for the practice of medicine, audiology, or any other licensed profession by healthcare providers. Any licensed professional who provides information or education to Audien customers does so outside of any patient-clinician relationship and is solely responsible for compliance with all applicable licensing laws and professional standards. Audien Hearing does not endorse or verify the qualifications of any such individuals. Use of the Services does not create a doctor-patient, audiologist-patient, healthcare provider-patient, fiduciary, or other professional relationship between you and Audien Hearing or any third party. Customers acknowledge that the diagnosis, treatment, or management of hearing loss and other personal health conditions require consultation with a licensed audiologist or healthcare professional, completely independent of the customer’s relationship with Audien Hearing. Customers are encouraged to seek appropriate medical or audiological care promptly and directly from licensed clinicians in the local community as necessary and appropriate regarding any hearing concerns, sudden hearing changes, ear pain, tinnitus, dizziness, injury, bleeding, infection, worsening symptoms, or other medical conditions. To the fullest extent permitted by applicable law, Audien Hearing disclaims liability arising from or related to reliance on any informational content, hearing assessment, recommendation, product suggestion, or similar feature made available through the Services.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Audien Hearing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Audien Hearing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

18. Governing Law

You agree that: (i) our Service shall be deemed solely based in Arizona; and (ii) our Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Arizona. Except as expressly provide herein, this Agreement shall be governed by the internal substantive laws of the State of Arizona, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located Maricopa County, Arizona for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Maricopa County, Arizona is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

 

18.1. Dispute Resolution, Arbitration and Class Action/Waiver

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU FURTHER UNDERSTAND THAT THE RIGHTS TO DISCOVERY AND APPEALS MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

 

a. Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Most concerns may be quickly resolved in this manner. For any dispute with Audien, you agree to first contact us at support@audienhearing.com and attempt to resolve the dispute with us informally. Your notice of dispute must be individual to you and must include, as applicable, your name, your email address, and your residential address. The notice of dispute also must explain the facts of the dispute as you understand them and tell us what you want us to do to resolve the issue. The parties shall use their best efforts to settle any dispute directly through consultation and good faith negotiations, and you agree that a notice of dispute containing all of the information required above, followed by at least 60 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of dispute will not be valid unless it contains all of the information required by this paragraph. If you commence an arbitration without having previously provided a valid and compliant notice of dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph. You and we authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with these notice requirements, relying solely on this Agreement and the notice of dispute provided (if any). All statutes of limitation shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

b. Agreement to Binding Arbitration. In the unlikely event that we do not reach an agreed upon solution within sixty (60) days from the date the informal dispute resolution is pursued pursuant to the Initial Dispute Resolution section above, then unless an Exception applies as stated below, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Services, the Privacy Policy, or this Agreement, including but not limited to its formation, performance, breach or alleged breach thereof, and regardless of whether the dispute is based in contract, statute, regulation, ordinance, or tort (collectively, “Claims”), by binding arbitration.

The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Except in the event of a Mass Arbitration (as defined below), the parties agree that all Claims shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures as modified by this Agreement, but excluding any rules or procedures that permit arbitration on a class-wide basis (collectively, the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. The seat of the arbitration will be decided pursuant to the JAMS Rules. You or Audien may elect to appear at the arbitration in person or, if you and we both agree, to conduct it remotely online via appropriate videoconferencing technology, in lieu of appearing live.

Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Rules. Except as expressly stated to the contrary below, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all arbitrability issues, as well as all issues or Claims arising out of or relating to the interpretation, applicability, or enforceability of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. In any arbitration before JAMS, the parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous and not in bad faith, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration, unless the arbitrator determines that the claim was frivolous or brought in bad faith, in which case the arbitrator may award us our attorney’s fees, expert witness fees, arbitration fees and/or costs. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.

c. Class Action and Class Arbitration Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. You and we each further agree to waive our respective right to file a class action or seek relief on a class basis. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of this Agreement to Binding Arbitration cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies.

d. Exceptions to Arbitration. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. Excluded claims are subject to the jurisdiction provisions in Section 32(h) below. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.

e. Exception—Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by the JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.comor by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and we acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and we agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.

f. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions above by sending written notice of your decision to opt-out by emailing us at arbitrationoptout@audienhearing.com. The notice must be sent within thirty (30) days of your first use of the Service following the effective date of this Agreement; otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

g. Term for Cause of Action. To the fullest extent permitted by law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred. You further agree that the limitations of damages as set forth herein are fundamental elements of the basis of the bargain between you and Audien.

h. Exclusive Venue for Litigation Not Subject to Arbitration. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree to submit to the personal jurisdiction of the state and federal courts located in Maricopa County, Arizona, and you and we agree that any litigation shall be filed exclusively in state or federal courts located in Maricopa County, Arizona (except for small claims court actions which may be brought in the county where you reside). In the event of litigation not subject to this Agreement to Binding Arbitration, you and we agree to waive, to the maximum extent permitted by law, any right to bring a class action or any right to a jury trial, except where a class action or jury trial waiver is not permissible under applicable law.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Support@audienhearing.com.

SECTION 21 - RESELLERS

Without the prior written consent of Audien Hearing, Customers shall not sell, resell, reproduce, duplicate, trade or exploit for any commercial purpose, Audien hearing aids. In the event Customer breaches this Section 21, in addition to Audien Hearing's rights under this Agreement or at law or in equity, Customer hereby agrees to indemnify Audien Hearing, its officers, managers, employees, equity holders and representatives, from any and all losses, damages, and liabilities related to or arising from such breach.

SECTION 22 - AUDIENCARE MEMBERSHIP (SUBSCRIPTION TERMS)

22.1 Overview

AudienCare is an optional, month-to-month subscription program that provides certain support, protection, and promotional benefits for eligible Audien Hearing products ("AudienCare" or the "Membership"). AudienCare is not insurance and is not a warranty service separate from any applicable product warranty.

22.2 Billing and Automatic Renewal

By enrolling in AudienCare, you authorize Audien Hearing to charge your designated payment method $9.00 per month (plus applicable taxes) on a recurring basis.

Your Membership will automatically renew each monthly billing cycle unless and until you cancel in accordance with Section 22.4.

Billing will begin on the date you enroll (or, if applicable, at the end of any promotional or trial period) and will continue on a monthly basis thereafter.

22.3 Affirmative Consent to Recurring Charges

By completing your enrollment in AudienCare, you expressly acknowledge and agree that:

(a) your Membership will automatically renew on a monthly basis;
(b) Audien Hearing is authorized to charge your payment method on a recurring basis without further notice or authorization; and
(c) you may cancel at any time as described below.

22.4 Cancellation

You may cancel your Membership at any time by:

• Clicking here or here, and following the cancellation instructions; or
• Contacting us at support@audienhearing.com.

Cancellation will take effect at the end of the then-current billing period, and you will not be charged for subsequent billing cycles. Except as otherwise required by applicable law, including any applicable statutory cancellation rights, no partial refunds or prorated credits will be provided for any unused portion of a billing period unless otherwise required by applicable law.

22.5 Changes to Fees

We reserve the right to change the monthly subscription fee at any time. If we change the fee, we will provide advance notice to you. Any fee change will take effect at the start of the next billing cycle following such notice. You may cancel your Membership at any time prior to the effective date of the new fee.

22.6 Membership Benefits and Limitations

AudienCare benefits may include product support, replacement or repair options, and access to exclusive promotions or discounts. All benefits are subject to limitations, eligibility requirements, and availability, which may be modified from time to time in our sole discretion.

Without limiting the foregoing:

• Benefits may be limited in frequency or scope;
• Certain types of damage, loss, or misuse may not be covered; and
• Membership benefits have no cash value and are non-transferable.

22.7 Eligibility and Account Requirements

AudienCare is available only to customers with eligible Audien Hearing products and a valid payment method on file. We reserve the right to refuse, suspend, or terminate Membership at our discretion, including in cases of suspected abuse, fraud, or non-payment.

22.8 Termination by Audien

We may suspend or terminate your Membership at any time for violation of these Terms, non-payment, or misuse of the Membership. In such cases, you will remain responsible for any unpaid charges incurred prior to termination.

22.9 No Medical Services

AudienCare and all related services, support, communications, Hearing Tools, and product recommendations are provided for general consumer and support purposes only and do not constitute medical advice, medical diagnosis, audiological advice, or healthcare services. Audien Hearing is not a healthcare provider or audiology practice, and enrollment in AudienCare does not create a provider-patient relationship. Customers should seek care from a licensed physician or audiologist for any medical or hearing-related concerns.

22.10 Confirmation and Records

Upon enrollment, you will receive a confirmation of your Membership, including the material terms of your subscription and instructions for cancellation. You agree that such confirmation may be provided electronically.