Listenclear Hearing Aid Giveaway Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. U.S. LAW GOVERNS.
ICOT Hearing Systems, LLC dba Listenclear (“Sponsor”) is pleased to introduce the Listenclear Hearing Aid Giveaway (“Contest”). As a condition of participating in the Contest, you agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor, whose decisions shall be final and binding in all respects, and, the fullest extent provided by law, waive any right to claim ambiguity in the Contest, these Official Rules, Contest materials, and information contained on Sponsor’s website, available at www.listenclear.com, (the “Website”). The Contest is subject to applicable federal, state, and local laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Winning and receiving a prize is contingent upon fulfilling all requirements set forth herein.
1. SOCIAL NETWORKING SITE DISCLAIMERS
As a condition of participating in the Contest, you agree and acknowledge that Facebook Inc., Instagram, LLC, Twitter, Inc. and any other social networking sites used to promote the Contest as well as their owners directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated entities (collectively, the “Social Media Group”) are not sponsors of the Contest nor do they endorse or administer the Contest, nor are they in any way associated with the Contest. All questions regarding the Contest must be directed to Sponsor, not the Social Media Group. You also agree that as a condition of participating in the Contest, you shall release the Social Media Group from any and all liability arising out of or relating to your entry, creation of an entry or submission of an entry, participation in the Contest, acceptance, use, or misuse of any prize, or the broadcast, exploitation, or use of an entry.
The Contest is open only to individuals that: (i) are permanent legal residents of the United States of America (excluding Florida, Rhode Island, and New York) and that are physically located and residing therein; (ii) are at least twenty-one (21) years of age at the time of entry; (iii) are not barred from participation in the Contest under the laws of the United States, including but not limited to all federal, state, and local laws; and (iv) at all times abide by these Official Rules. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
“Registered User(s)" means a natural person that (i) has visited the Website; (ii) successfully completes the full registration form for the Contest, including but not limited to full name, phone number, and email address.
Content producers at Sponsor as well as officers, directors, members, managers, employees, representatives, and agents of Sponsor and each of their respective parent companies, affiliates, subsidiaries, franchisees, prize providers, fulfillment agencies, and any other companies associated with the design or execution of the Contest, including Immediate Family Members (as defined below) and Household Members (as defined below) for each of the aforementioned are not eligible to participate in or win the Contest. “Immediate Family Members” shall mean spouse, parents, step-parents, legal guardians, children, step-children, siblings or step-siblings and each of their spouses regardless of where they reside. “Household Members” shall mean those people who share the same residence at least three (3) months a year.
3. CONTEST PERIOD
The Contest begins on October 7, 2019, at 12:00:00 am Eastern Time (“EST”) and ends on December 31, 2019, at 11:59:59 pm EST (“Contest Period”). EST shall control for all purposes of the Contest. Sponsor’s computer shall be the official clock of the Contest.
4. HOW TO ENTER
NO PURCHASE OR PAYMENT OF ANY KIND IS REQUIRED TO ENTER. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
During the Contest Period, eligible individuals may submit one (1) entry into the Contest, as follows:
Entry with Purchase
If you make a purchase of one or more hearing aids from Sponsor during the Contest Period, you will automatically be entered to win.
Free Trial Entry
If you agree to participate in a 30 day free trial of hearing aids from Sponsor during the Contest Period, you will automatically be entered to win.
You may also enter by sending a letter to Sponsor at: ICOT Hearing Systems, LLC dba Listenclear, Attn: Hearing Aid Giveaway, 300 Bull St., Suite 200, Savannah, GA 31401. In your letter please include your full name, mailing address, phone number, email address, and a clear statement indicating that you would like to enter the Hearing Aid Giveaway.
5. ENTRY CONDITIONS
There is a limit of one (1) entry per person. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact or account information, or otherwise, may result in the entrant being disqualified, at Sponsor’s sole discretion. Entries generated by a script, computer programs, macro-program, robotic, or any other automated means are void and may be disqualified at Sponsor’s sole discretion. Entries that are in excess of the stated limits, incomplete, incorrect, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, deceptive, or are otherwise not in compliance with the Official Rules are also void and may be disqualified from the Contest at Sponsor’s sole discretion. Sponsor will not be responsible for invalid submissions and has no obligation to advise an individual of such a submission. If a problem occurs in the entry process, the entrant is solely responsible for verifying that the entry process has been validly completed.
Entries received outside the Contest Period will not be included in the Contest. For purposes of this Contest, an entry is “received” when the Sponsor’s servers record the entry information or Sponsor physically receives a mail-in entry. Screen shots, printouts or other purported "proof" or "evidence" of entry or winning, in lieu of Sponsor's validation process, shall not be binding. Proof of sending (such as an automated receipt, screen shots, etc.) does not constitute proof of actual receipt of an entry for purposes of these Official Rules. Sponsor reserves the right to require entrants to provide proof of identity.
6. PRIZES AND PRIZE RESTRICTIONS
Subject to verification of eligibility and compliance with these Official Rules, the following prize awards will be available to eligible entrants participating in the Contest:
- Weekly Prize – 1 Free Pair of Hearing Aids:1 winner will be chosen at random each week during the Contest Period to receive a pair of free hearing aids selected by Sponsor valued at approximately $1,919.76. If the winner purchased a pair of hearing aids from Listenclear during the Contest Period, the prize will be awarded in the form of a credit to the winner’s account with Listenclear equal to $1,919.76.
A maximum of 12 prizes will be awarded.
Total ARV of all prizes that could be awarded in the Contest is $23,037.12. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All prize details are at the sole discretion of Sponsor and any depiction of the prizes, in Contest materials or otherwise, is for illustrative purposes only. Prizes are non-transferable, non-exchangeable, and non-refundable, and must be accepted by the winner as awarded. A prize winner may waive his/her right to receive a prize. Sponsor shall have no responsibility or obligation to a prize winner or a potential prize winner who is unable or unavailable to, or who does not for any reason, accept or utilize a prize. In the event of non-compliance with these Official Rules, or if a prize is unclaimed, that prize will be forfeited. A forfeited prize may be awarded to an alternate winner, in Sponsor's sole discretion.
All federal, state, provincial and local taxes, and all costs and expenses related to the acceptance and use of a prize not specified herein, are the sole responsibility of the prize winner. Any required tax reporting forms will be furnished to the appropriate authorities.
7. WINNER NOTIFICATION AND VERIFICATION
Sponsor will select a potential winner at random from all eligible Contest participants. Sponsor will attempt to notify a potential winner using the phone number associated with their Contest submission within three (3) days after the winner’s selection. Sponsor may, at its discretion, also attempt to contact a potential winner by email address. If a potential winner cannot be contacted or does not respond to Sponsor within forty-eight (48) hours of Sponsor’s initial notification, the potential winner may be disqualified at Sponsor’s sole discretion.
A potential winner must provide Sponsor, at Sponsor’s request, any information required to file any necessary tax reporting forms, including but not limited to their Social Security number or tax ID for tax reporting purposes. Such information must be provided to Sponsor within five (5) business days from the date of Sponsor’s request, otherwise the potential winner may be disqualified.
In the event a potential winner is disqualified for any reason, or if a prize is unclaimed or not accepted, the prize will be forfeited. If forfeited for any reason, the potential winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein. Sponsor, at its sole discretion, may award the forfeited prize to an alternate potential winner. If the Sponsor decides to select an alternate potential winner for the prize, the alternate will be selected at random from all eligible Contest participants. An alternate potential winner will be contacted by Sponsor using the phone number provided on the Contest registration form used to submit the respective entry. Sponsor may, at its discretion, also attempt to contact an alternate potential winner by email address. If an alternate potential winner cannot be contacted or does not respond to Sponsor within forty-eight (48) hours of Sponsor’s initial notification, the alternate potential winner may be disqualified at Sponsor’s sole discretion. Sponsor retains the right to repeat this process until an alternate potential winner complies with the verification of eligibility requirements.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE CONTEST, ANY CHANGES TO THESE OFFICIAL RULES, AND THE SELECTION OF POTENTIAL WINNERS IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.
8. ODDS OF WINNING
The odds of winning a prize depends on the number of participants. Estimated odds of winning a prize are 1:10,000.
9. RIGHTS OF PUBLICITY
Except where prohibited by law, by participating in this Contest or accepting a prize, you grant Sponsor and its designees the right to use and/or publish your full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by entrant regarding the Contest, Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
YOU FURTHER ACKNOWLEDGE THAT YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNERS’ LIST.
10. GENERAL CONDITIONS
Winning a prize is contingent upon accepting these Official Rules and fulfilling all requirements of these Official Rules. Sponsor reserves the right without liability to disqualify any entrant or cancel, suspend, modify and/or terminate the Contest, or any part of it, for any reason, including, but not limited to, insufficient entries in the Contest, any printing, seeding, typographical, technical errors, human or otherwise, suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contest or any other factor beyond Sponsor’s reasonable control, as determined by Sponsor at its sole discretion. In such event, Sponsor reserves the right to award the prizes to the extent required by law for eligible entries submitted up to the time of the impairment (and/or thereafter), or in such other manner as deemed fair and appropriate by Sponsor at its sole discretion. Sponsor also reserves the right to disqualify any individual it finds to be tampering or interfering with the operation of the Contest, acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner and void such individual’s entry.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the Official Rules or any provision hereof.
11. RELEASE AND LIMITATION OF LIABILITY
By participating, you agree to release, indemnify, defend, and hold harmless Sponsor and each of its respective officers, directors, members, managers, employees, representatives, agents, successors and assigns as well as the Social Media Group (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability of any kind resulting or arising from the Contest (including reasonable attorneys’ fees), including, but not limited to, negligence and damages of any kind to persons and property, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or any other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, property damage, or death or personal injury arising out of or relating to your entry, creation of an entry or submission of an entry, participation in the Contest, acceptance, use, or misuse of a prize, or the broadcast, exploitation, or use of an entry.
To the maximum extent permitted by law, the Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, technical errors, or by any of the equipment or programming associated with or utilized in the Contest; (ii) technical failures of any kind, including, without limitation, malfunctions, interruptions, or disconnections of the equipment or software associated with or utilized in the Contest; (iii) unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; (iv) technical or human error which may occur in the administration of the Contest or the processing of entries; or (v) any injury or damage to persons or property including, without limitation, death, bodily injury, pain and suffering, emotional distress or loss of data which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt, use or misuse of any prize. If for any reason your entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is to submit another entry during the Contest Period through a method set forth in these Official Rules. Under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for punitive, incidental or consequential damages, in which case the liability of the Released Parties will be limited to the maximum extent permitted by law.
By participating, you agree that any and all disputes and claims arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class or joint action. You further agree that if the dispute or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by the American Arbitration Association, in accordance with its rules and procedures for consumer arbitration ("AAA Rules"). You waive any right to bring your dispute or claim in court. The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Georgia. All proceedings brought pursuant to this paragraph will be conducted in Chatham County, Georgia. You further agree that, to the fullest extent permitted by law, (i) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will you be entitled to receive attorneys’ fees or other legal costs; and (ii) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Georgia or any other jurisdiction), and the forum and venue for any dispute shall be the state or federal courts in Chatham County, Georgia.
14. EXTENDED MEANINGS; CURRENCY; FORCE MAJEURE
Unless otherwise specified in these Official Rules, words importing the singular include the plural and vice versa and words importing gender include all genders. All dollar amounts referred to in these Official Rules are in lawful money of the United States of America. The Released Parties are not responsible for any damages caused by delay or failure to perform undertakings pursuant to these Official Rules when the delay or failure is due to weather, event cancellations, fires, strikes, floods, acts of God or the state’s enemies, lawful acts of public authorities, delays or defaults caused by common carriers, or other events that cannot reasonably be foreseen or provided against.
15. OFFICIAL RULES AND WINNERS’ LIST
These Official Rules are available at https://www.listenclear.com/2019-facebook-giveaway-terms-conditions/. The Contest Winners’ List will be available by writing to us on or after October14, 2019 . Please include in your request a self-addressed stamped envelope for us to return the Winner’s List to you. The Winners’ List will be available for three (3) months after the end of the Contest.
The Contest is sponsored by ICOT Hearing Systems, LLC dba Listenclear, 300 Bull St., Suite 200, Savannah, GA 31401. This Contest is in no way sponsored, endorsed, administered by, or associated with Facebook Inc., Instagram, LLC or Twitter, Inc. Any and all questions, comments or complaints regarding the Contest must be directed only to Sponsor and not Facebook Inc., Instagram, LLC or Twitter, Inc.
Last Revised: October 1, 2019
2. GENERAL PROVISIONS
ListenClear sells hearing-aids and related products such as batteries and cleaning kits, via telephone and through the Site, to its customers.
By entering the Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use the Site if you do not agree to be legally bound by these Terms. Please read these Terms carefully.
The Site provides you with information about our products and services. All of this information and any other information we provide to you through the Site is referred to herein as “Content.” Although we and all parties involved in creating, producing, or delivering Content make all reasonable efforts to ensure that it is correct and up-to-date, we cannot guarantee 100% accuracy. WE THEREFORE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITE, SERVICES, AND CONTENT. To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.
4. INTELLECTUAL PROPERTY
All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of us or used on this Site or in connection with the Services with permission. The absence on the Site of a product- or service-related name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product and service names, company names, marks, logos, and symbols appearing on the Site are the trademarks and the property of their respective owners.
You acknowledge and agree that information, and products and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by us. Except as expressly authorized by us, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site or Content. Without waiving any of the foregoing rights, you may print or download information from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is prohibited.
Subject to these Terms, ListenClear grants you a non-exclusive, non-transferable, revocable license to use the Site solely in order to access the Services provided. This license will govern any upgrades or modifications to the Services, unless such upgrade is accompanied by a separate or modified license, in which case the terms of that license will govern. We reserve the right to terminate such license at any time and for any or no reason.
5. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that any material on the Site infringes your copyright rights, please contact our designated agent for Digital Millennium Copyright Act notices at:
ICOT Hearing Systems, LLC dba ListenClear
300 Bull Street, Suite 200
Savannah, GA 31401
In your notice, please include:
- You physical or electronic signature;
- Identification of the material that you claim to be infringing, and where the material is located on the Site;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
- A statement, under penalty of perjury, that the information in your notice is accurate.
The Site may let you submit material to us or to third parties: for example, you may be able to upload a photo, send us messages, request to be contacted by us, or post a review about our products. In these Terms, we use “Submissions” to refer to any material of any kind that you submit to us or third parties through the Site, including text, files, images, photos, video, sounds, and musical or literary works.
We are not responsible for the content of Submissions provided by you or any other user. We do not endorse any opinion contained in such material. We make no warranties or representations, express or implied, about Submissions, including as to their legality or accuracy.
We reserve the right, in our sole discretion, to refuse, remove, or edit any of your Submissions, or to restrict, suspend, or terminate your access to all or any part of the Site, and we may do this with or without giving you any prior notice.
We may link Submissions or parts of Submissions to other material, including material submitted by other users or created by us or third parties. We may use Submissions for our internal business purposes, for example, to examine trends or categories or to promote, market, or advertise our products. You acknowledge that we may commercially benefit from use of your Submissions.
Each time you make a Submission, you represent and warrant as follows:
- You own your Submission or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality, or rights under contract.
- Your Submission is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
- Your Submission does not advertise any product or service or solicit any business.
- Your Submission does not identify any individual (including by way of name, address, picture, or video) under the age of 18 and if your Submission identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your Submission.
- You are not impersonating any other person.
- You will not collect usernames and/or email addresses of others for the purpose of sending unsolicited email.
- You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
- You will not engage in any automated use of the system, such as using scripts to alter our Content.
- You will not, without authorization, access, tamper with, or use non-public areas of the Site or the Services, our computer systems, or the technical delivery systems of our service providers.
- Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Site or the Services or any other component of our system or network or breach any security or authentication measures.
We are entitled to identify you to third parties who claim that their rights have been infringed by your Submission.
Submissions are not considered to be confidential. You agree not to make any Submission in which you have any expectation of privacy. We do not claim any ownership rights in Submissions; however, by making a Submission you hereby grant us an irrevocable, perpetual, fully sub-licensable, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, display, edit, distribute, reproduce, modify, adapt, and otherwise exploit the Submission, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify us and our Affiliates (as defined below) for all claims arising from or in connection with any claims to any rights in your Submission or any damages arising from your Submission.
7. DISCLAIMERS & LIMITATION OF LIABILITY
YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, MERCHANTS, DISTRIBUTORS, SERVICE PROVIDERS, VENDORS, AND LICENSEES, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).
IN PARTICULAR, WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, QUANTITY, ACCURACY, OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SITE OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
You agree to defend, indemnify, and hold us, our Affiliates, third-party service providers, employees, contractors, agents, officers, and directors harmless from any and all liabilities, claims, demands, suits, investigations, losses, judgments, costs, and expenses (including reasonable attorneys' fees and costs) that arise out of or are related to your violation or alleged violation of these Terms or use of the Site.
9. DISPUTE RESOLUTION
These Terms will be governed by and construed in accordance with the laws of the State of Georgia, without regard to any conflicts of laws principles. Any controversy or claim arising out of or relating to the Terms or your use of the Site, including, without limitation, any claims related to marketing communications made by us or at our direction based upon your request to be contacted submitted through the Site, shall be resolved by mandatory binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (if you are a business) or its Consumer Arbitration Rules (if you are a natural person), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The demand for arbitration shall be made shall be made no more than one year from when the aggrieved party knew or should have known of the controversy or facts forming the basis of the claim. To the fullest extent permitted by law: (a) no arbitration will be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. By agreeing to these Terms and using the Site, you acknowledge and agree that, to the fullest extent permitted by applicable law:
- YOU ARE WAIVING YOUR RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY DISPUTE ALLEGED AGAINST US OR OUR AFFILIATES;
- YOU ARE WAIVING YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE ALLEGED AGAINST US OR OUR AFFILIATES; and
- YOU ARE WAIVING YOUR RIGHT TO SERVE AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR JOINT ARBITRAITON FILED AGAINST US AND/OR OUR AFFILIATES.
Should you file a claim contrary to this Section, we may seek recovery of our attorneys' fees and costs, provided that we have first notified you of the improperly filed claim and you have failed to promptly withdraw the claim. The arbitrator shall not have the power to award punitive damages against any party. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions of the provision will remain in force. Any questions or matters submitted to a court for resolution shall be submitted to the state or federal courts of Chatham County, Georgia and all parties agree to the personal jurisdiction thereof.
10. PRIVACY & SECURITY
12. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following information: The provider of the Site is ICOT Hearing Systems, LLC doing business as ListenClear. To file a complaint regarding the Site or to receive further information about the Site, please contact us at the contact information below. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
13. CONTACT INFORMATION
If you have any questions, complaints, or claims, please contact us at:
ICOT Hearing Systems, LLC dba ListenClear
300 Bull Street, Suite 200
Savannah, GA 31401
You must be at least 18 years old to use the Site.
We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.
16. CHANGES AND CORRECTIONS TO THE SITE
We enhance and update the Site often. We may change or discontinue the Site or any products or services, with or without notice to you. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not guarantee the continued availability of any Content or features of the Site. We suggest periodically visiting this page of the Site to review these Terms.
We reserve the right not to provide the Site or our products and services to any user. We also reserve the right to terminate any user’s right to access the Site at any time, in our discretion. If you violate any of these Terms, your permission to use the Site automatically terminates.
18. OTHER PROVISIONS
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
If any provision or part thereof of these Terms is found to be unlawful, void, or unenforceable, then that provision or part thereof will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
Our failure to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law. You may not assign your rights and obligations under these Terms without our written consent.
19. FDA Waiver
The federal Food and Drug Administration (“FDA”) requires ListenClear to provide you certain information. This information will also be included on an insert in your package after making a purchase from us. The FDA also requires that the following information and disclosures be made prior to you completing a purchase:
First, you agree you are over the age of 18.
Second, the FDA wants you to know that it’s in your best health interest to have a medical evaluation by a physician, preferably one who specializes in diseases of the ear, before purchasing a hearing aid. By proceeding, you acknowledge that you’ve been informed about the importance of having your ears checked for medical conditions, but that you still wish to proceed without first getting an evaluation.
Third, the FDA thinks it’s important you see a physician if you have any of the following conditions. By proceeding, you acknowledge receipt of this information, and you agree that none of these symptoms or conditions apply to you or the person that will be wearing the hearing aid:
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 has 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.
20. CHANGES TO THESE TERMS
From time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use our Site, you agree to the revised Terms. If the change is a “material change” that requires us to notify you pursuant to applicable law, we will notify you by (i) email to the email address we have on record and/or (ii) by posting an alert on the Site at least fourteen (14) days before the date the revised Terms are effective. If you object to any changes, your sole recourse shall be to cease using the Site.