Hear in the Mitten, LLC (“Hear in the Mitten”, “we”, “us”, “our”, “The Company”), The following Terms of Service govern the use of this website. “Client”, “You” and “Your” refers to you, the person accessing this website and by doing so, accepts the Company’s Terms of Service. Please read these Terms of Service carefully. We reserve 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.
No Professional Advice
Any information supplied through this website 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 this website is 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.Any information obtained through this Site or from communications with Hear in the Mitten, including a virtual hearing consultation and any email or telephone interactions with Hear in the Mitten personnel, is for informational purposes only, and Hear in the Mitten in no way proposes to offer medical or other professional advice. Please consult your personal health care provider before making any medical decisions. Any communication between Hear in the Mitten and you does not create a doctor-patient or other professional relationship, and cannot be assumed to be subject to patient or other privacy protections except as explicitly provided in our Privacy Policy. In addition, you acknowledge that hearing loss may result from conditions that could be serious or life-threatening, and which are best evaluated under the care of a physician or otolaryngologist. If the at home hearing test or virtual hearing consultation indicates the potential for a more serious condition, you will be advised to speak with your physician or otolaryngologist.
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 Hear in the Mitten 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
Hear in the Mitten 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. Hear in the Mitten encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet.
Medical Waiver
I acknowledge that I am eighteen (18) years of age or older and Hear in the Mitten has advised me that the Food and Drug Administration (FDA) has determined that my best health interest would be served if I had a medical evaluation by a licensed physician (preferably a physician specializing in diseases of the ear) before purchasing a hearing aid. I do not wish for a medical evaluation before purchasing a hearing aid. I have also been advised that although any examination in connection with my purchase of hearing aid conducted by a Hear in the Mitten audiologist may reveal no indicators mandating a referral to a licensed physician, preferably one specializing in diseases of the ear, for medical evaluation as required by law, it is in my best health interest to be examined by a physician specializing in diseases of the ear for any medical condition or disease at least once every three (3) years. Lastly, I acknowledge that none of the below conditions or symptoms apply to me and that the existence of such conditions would prohibit Hear in the Mitten from selling a hearing aid to me without medical clearance: (i) Visible congenital or traumatic deformity of the ear. (ii) History of active drainage from the ear within the previous 90 days. (iii) History of sudden or rapidly progressive hearing loss within the previous 90 days. (iv) Acute or chronic dizziness. (v) Unilateral hearing loss of sudden or recent onset within the previous 90 days. (vi) Audiometric air-bone gap equal to or greater than 15 decibels at 500 hertz (Hz), 1,000 Hz, and 2,000 Hz. (vii) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal. (viii) Pain or discomfort in the ear.
Reselling Products Prohibited
You are absolutely prohibited from reselling in any manner any products you purchase from Hear in the Mitten, whether you purchased the products through the website or by any other means.
Limitation of Liability
In no event will Hear in the Mitten 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 in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. Hear in the Mitten reserves the right to alter the content of the Site 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 Hear in the Mitten 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 Hear in the Mitten, you agree to defend, indemnify and hold Hear in the Mitten, 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 in a manner that violates or is alleged to violate these Terms of Service.
NOTICE REGARDING MEDICAL OPINION
The purchaser has been advised at the outset of the purchaser’s relationship with the hearing aid dealer and fitter that any examination or representation made by a hearing aid dealer and fitter in connection with the fitting and selling of this hearing aid is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this State and shall not be considered as medical opinion or advice. A hearing aid will not restore normal hearing, nor will it prevent further hearing loss.
NOTICE REGARDING RETURNS AND ADJUSTMENTS
General Policy: We want you to be completely satisfied with your purchase from HEAR IN THE MITTEN. If, for any reason, you are not happy with an item, you may return it within 45 days of the purchase date for a full refund or exchange, subject to the conditions outlined below. Returns after 45 days will have a $125 per hearing aid restocking fee. No returns will be accepted after 90 days. (For more information please see Return & Refund Policy) Adjustments: After you receive your hearing aid you are entitled to a first fit appointment, where a Hearing Instrument Specialist will teach you about the device, as well as make any adjustments you need. All first time appointments should be made by you on the website. Follow up appointments will be made by the buyer and professional. If a date can not be set, the purchaser has the ability to schedule an appointment on the website when needed.
NOTICE OF STATE BOARDS AND REGULATORS
MICHIGAN Department of Licensing and Regulatory Affairs
Bureau of Health Care Services
Board of Medicine
PO Box 30670
Lansing MI 48909
(517) 335-0918