OTC Hearing Aid Center

Birdsong Hearing Benefits Terms and Conditions of Sale

Last Modified Date: 10/17/2022

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS OF SALE.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.

These terms and conditions of sale (these "Terms of Sale") apply to the purchase and sale of products and services through http://otc.birdsonghearing.com(the "Website"). These Terms of Sale are subject to change by Birdsong Hearing Benefits, LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms of Sale will be in effect as of the "Effective Date" referenced on the Website. You should review these Terms of Sale before purchasing any products or services that are available through this Website. Your continued use of this Website after the"Effective Date" will constitute your acceptance of and agreement to such changes.

  1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
  2. Pricing and Payment Terms.
    1. Pricing. Prices posted on this Website may be different from prices offered on other websites. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices include charges for shipping and handling but do not include taxes. All such taxes will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
    2. Payment. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept Visa, Mastercard, Discover, and American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
    3. Shipping and Delivery. We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
  3. Returns and Refunds
    1. Except for any products designated as final sale or non-returnable, we will accept a return of the products for a refund of the purchase price, provided such return is made within forty-five (45) days of delivery with valid proof of purchase, and provided such products are returned in their original condition. To return products, Buyer may either: (i) contact the manufacturer directly at their website https://hearsoundwave.com/policies/refund-policy; or (ii) email Seller’s Returns Department atotcsupport@birdsonghering.com or call (844) 966-9667. Buyer will obtain a Return Merchandise Authorization ("RMA") number and return shipping instructions from the manufacturer. No returns of any type will be accepted without an RMA number.
    2. The manufacturer is responsible for all shipping and handling charges on returned items and bears the risk of loss during shipment.
    3. For defective returns, please refer to the manufacturer's warranty (see Section 5) included with the product.
  4. Manufacturer's Warranty and Disclaimer.
    1. We do not manufacture or control any of the products or services offered on our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Website. However, the products and services offered on our Website are covered by the manufacturer's warranty as detailed in the product's description included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
    2. ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
    3. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
    4. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
  5. Limitation of Liability. NOTWITHSTANDING ANYTHING IN THESE TERMS OF SALE TO THE CONTRARY, OUR MAXIMUM CUMULATIVE LIABILITY, IF ANY, FOR ALL DIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM OUR BREACH OF THESE TERMS OF SALE, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, OR OTHERWISE WITH RESPECT TO THESE TERMS OF SALE IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT (NET OF ANY CHARGEBACKS, REFUNDS, REBATES, OR SIMILAR DEDUCTIONS) IN THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE APPLICABLE CLAIM. IN NO EVENT SHALL WE OR OUR REPRESENTATIVES, AGENTS, OR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, ENHANCED, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, OR DIMINUTION IN VALUE, REGARDLESS OF (I) THE FORESEEABILITY OF SUCH DAMAGES, (II) WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
  6. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy located at, http://otc.birdsonghearing.com/privacy-policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
  7. Miscellaneous.
    1. Notices.
      1. To You. We may provide any notice to you under these Terms of Sale by (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
      2. To Us. To give us notice under these Terms of Sale, you must contact us by personal delivery, overnight courier, or registered or certified mail to Birdsong Hearing Benefits, LLC, 9000 South Side Blvd., Building 100, Suite 11000, Jacksonville, FL 32256 with an email copy sent to uslegal@dgs.com. We may update the facsimile number or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
    2. Entire Agreement. Our order confirmation, these Terms of Sale, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.
    3. Severability. If any term or provision of these Terms of Sale is found by a court to be invalid, illegal, or unenforceable, such a determination shall not affect any other term or provision of these Terms of Sale or invalidate or render unenforceable such term or provision in any other jurisdiction.
    4. Waiver. The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Birdsong Hearing Benefits, LLC.
    5. Assignment. You may not assign any of your rights or delegate any of your obligations hereunder without our prior written consent. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve you of any of your obligations hereunder.
    6. Successors and Assigns. These Terms of Sale shall be binding on and inure to the benefit of the parties to these Terms of Sale and their respective successors and permitted assigns.
    7. No Third-Party Beneficiaries. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person or entity other than you.
    8. Choice of Law. These Terms of Sale and all related documents, including all exhibits attached hereto, and all matters arising out of or relating to these Terms of Sale shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
    9. Choice of Forum. Any legal suit, action, or proceeding arising out of or relating to these Terms of Sale shall be instituted exclusively in the United States District Court for the District of Florida or, if such court does not have subject-matter jurisdiction, the courts of the State of Florida, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. The parties irrevocably and unconditionally waive any objection or claim based on the venue or inconvenient forum of any suit, action, or proceeding in such courts.
    10. Force Majeure. We shall not be held responsible for delays or non-performance caused by activities or factors beyond our reasonable control, including without limitation, war, government action, labor stoppages or slowdowns, fires, acts of God, natural disasters, terrorism, riots, epidemics, pandemics, or any other activities or factors beyond our control, whether similar or dissimilar to any of the foregoing.