Terms & Conditions
1. No Representation or warranty
1.1 The documents, graphics, and images published at Otofonix, LLC and could include inaccuracies or typographical errors. Additionally, we reserve the right to modify the information contained on this Web Site without notice. To the extent permitted by the laws of the United States, information on this website is provided “as is” without warranty, either express or implied. Including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. 1.2 This site may contain links to other Web Sites, which are completely independent of Otofonix, LLC. We make no representation or warranty as to the accuracy of content, completeness or authenticity of the information or opinions contained in any such linked Web Site.
2.1 Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site
3. Limitation of Damages
3.1 In no event will we, our officers, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors, or assigns be liable to any party for any direct, indirect, or other consequential loss for any use of this web site, or use of any other linked website, even if we are expressly advised of the possibility of such loss. The term “loss” includes, without limitation, legal fees, any lost profits, business interruption, and loss of programs or other data on your information handling system.
4.1 All right, title and interest (including all copyrights, trademarks, and other intellectual property rights) in this Web Site belong to Otofonix, LLC. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All copyrights, trademarks and other intellectual property rights referred to in this Web Site belong to their respective owners.
5.1 Except as expressly provided in clause 5.2, nothing contained in this Web Site shall be construed as conferring any license or right, expressly, by implication, or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights, and no part of this Web Site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means without prior written notice. 5.2 You are hereby granted a nonexclusive, non-transferable, limited license to view, reproduce, print, and distribute materials retrieved from this Web Site provided (a) such materials are used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices.
6. Linking to this Web Site
6.1 You may provide links to Otofonix.com provided (a) you do not remove or obscure our copyright notice or other notices on this Web Site, (b) you will upon written notice, discontinue providing a link to Otofonix.com if instructed to do so by us.
7. Governing Laws in Case of Dispute
7.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas as they apply to agreements made and solely performed therein.
8. Conditions for Purchase.
8.1 By making a purchase on the website, you are agreeing that: 8.1 Your hearing loss has been medically evaluated and you have been considered a candidate for a hearing instrument. The medical evaluation must have taken place within the 6 months immediately preceding today’s date, OR 8.2 You are at least 18 years of age, or older, and you agree to waive the medical evaluation. The exercise of a waiver is not in your best health interest. By making a purchase, you are agreeing to the following statement: “I have been advised by Otofonix Hearing Solution that the Food and Drug Administration and the State of Texas have determined that my best interest would be served if I had a medical evaluation by a licensed physician, preferably a physician who specialized in diseases of the ear, before purchasing a hearing instrument; or at test by a licensed audiologist or licensed hearing instrument dispenser utilizing established procedures and instrumentation in the fitting of hearing instruments. I do not wish either a medical evaluation or test before purchasing a hearing instrument.” 8.3 You, the buyer, may cancel this transaction at any time prior to midnight of the 45th day after the date of this transaction. See the Notice of Cancellation form for an explanation of this right.
NOTICE OF CANCELLATION
Enter date of transaction _________________________
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN 45 DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE LESS ANY NONREFUNDABLE RESTOCKING FEE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE AND ALL MERCHANDISE PERTAINING TO THIS TRANSACTION, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST RETURN TO THE SELLER, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANDY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND AN EMAIL, TO OTOFONIX AT INFO@OTOFONIX.COM OR MAIL TO 3727 GREENBRIAR DRIVE, SUITE 203, STAFFORD, TEXAS 77477 AND (704) 380-0508 NO LATER THAN MIDNIGHT OF _______(date).
I HEREBY CANCEL THIS TRANSACTION.
(Date)________________ Buyers Signature)________________________
Please contact Otofonix Hearing Solutions before returning any merchandise. If you have any questions about these policies please contact Otofonix Hearing Solutions at Info@Otofonix.com or call our Customer Service team at (704) 380-0508.