Membership Terms and Conditions

Member Rewards Program

Terms & Conditions

Hears Hearing & Hearables, LLC (“we” “us”) looks forward to helping you (“member” “you” or “your”) with your hearing health care products as a member of the Hears Hearing & Hearables, LLC Rewards Program (“Program”). Membership is subject to the following Terms and Conditions (“Terms”), which may change from time to time without prior notice. References in these Terms to “we”, “us”, or “our” are to Hears Hearing & Hearables, LLC, and references to “you”, “member” or “your” are to any customer with notice of these Terms, however gained, including use of the website https://hearshearingandhearables.com (the “Site”).

You must read, agree with and accept all of the provisions contained in these Terms before participating in the Program.  If you do not agree to be bound by these Terms, do not participate in the Program.  Participation in the Program constitutes each member’s full and unconditional agreement to these Terms.  Members who do not comply with these Terms may be prohibited from participating in the Program.

If you have any questions, please ask our member services personnel or send us an email at [email protected]

What are the Program Rewards?

Subject to the Terms, Program members are eligible to:

  • Earn points to use for purchases of qualifying products and services (“Points”). Check the Site at www.HearsHearingandHearables.com for a current list of available products and services;
  • Receive discounted pricing, when applicable;
  • Participate in exclusive deals and promotions, when applicable;
  • Contribute to our online forum
  • Sell gently used equipment through Hears Hearing & Hearables, LLC, with approval from the Hears Hearing & Hearable team.

Members will be required to log in to their member account with an email when purchasing from a Hears Hearing & Hearables, LLC store so as to receive benefits and discounts. Certain merchandise, like hearing aids, must be purchased with additional purchase from a professional located in the state in which you are purchasing.

Points will begin to accrue immediately following the acceptance of the member’s application form and will automatically be deposited in the member’s account at regular intervals following payment for eligible products and services.  Purchases made prior to acceptance into the Program will not be eligible.  If there are returns of product, the Points will be subtracted from Points accumulated or if the Points were used, as a negative Point value for future purchases to be credited back to Hears Hearing & Hearables, LLC. As a result, it is possible for your account to have a negative balance. Points will not be accrued for discount amounts on products and services, amounts paid with a gift card or Points, and tax amounts on participating purchases.

Eligible purchases and Points reflected in Hears Hearing & Hearables, LLC’s records shall be deemed correct and Hears Hearing & Hearables, LLC reserves the right to determine the amount of any Points or rebate to be awarded to eligible accounts and to correct or modify the Points or rebate at any time based on Hears Hearing & Hearables, LLC’s records and calculation of account information. Points will be awarded to the member who pays for a product or service rather than the person who might receive the actual product or service.  Hears Hearing & Hearables, LLC has no obligation to credit a member’s account based solely on proof of a purchase if Hears Hearing & Hearables, LLC is not able to verify the actual purchaser of the corresponding products/services. The accumulation of Points does not entitle members to any vested rights with respect to Points or Program benefits.

You may have only one Program account, and we reserve the right to terminate your account and/or your participation in the Program if we determine in our sole discretion that you have more than one account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful.  Ownership of a disputed account will be settled in favor of the authorized account holder listed for the email address used to enroll in the Program. Points from multiple accounts may not be aggregated. Program Points and gift cards have no cash value and are not exchangeable, returnable, refundable or redeemable for cash.  They also are not transferable and may not be offered for sale (including via any Internet auction site) and are void if transferred or sold or exchanged for cash or other consideration, or if received or used in violation of these Terms.

How do I join the program?

  • Any customer of Hears Hearing & Hearables, LLC who is located in the United States and age 18 years and older may apply to participate in the Program by 1) visiting any Hears Hearing & Hearables, LLC physical location or the Site; 2) completing all required fields in the then-current application; and 3) submitting payment of the membership fee and the application as instructed. In all cases, a valid email address is required to apply, in addition to name, birth date, and possibly additional information. You are responsible for ensuring your account information remains accurate.
  • Applications are subject to acceptance by Hears Hearing & Hearables, LLC. Hears Hearing & Hearables, LLC reserves the right to refuse membership to any applicant.
  • If you are accepted as a member, Hears Hearing & Hearables, LLC will email a link to you to create a membership account using the email address you submitted on your application. The membership account is where you can track membership benefits and receive updates.
  • Enrollment in the Program is scheduled to begin in September 2021, but this timing may change at Hears Hearing & Hearables, LLC’s discretion.
  • By participating in the Program, you agree to receive promotional information from Hears Hearing & Hearables, LLC until such time that you write Hears Hearing & Hearables, LLC requesting not to receive such materials.

What are the Membership Fees?

  • A general membership fee of $25.00 must be paid at the time you apply for membership. If you are not accepted as a member, the membership fee will not be charged.
  • You may remit your membership fee online at the Site. We accept Visa or Mastercard 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 all applicable taxes if any.
  • Payment of the membership fee covers one 12-month period from the date of enrollment of the email holder and is not refundable.
  • Notwithstanding the foregoing, the first 100 members will pay a membership fee of $25.00 for five (5) 12-month periods of membership, meaning the first 100 members will not have to renew membership for 5 years.
  • To avoid a lapse in membership, renewal fees are due no later than the last day of the month your membership expires. Otherwise, any Points remaining in a member’s account at time of termination will be forfeited, and no compensation will be provided.

Privacy and Terms of Use

  • We respect your right to privacy. Any information collected in connection with the Program will be used as needed to facilitate participation in the Program in compliance with our Privacy Policy. Please see our privacy policy here.
  • By accessing our Site, continuing to access our Site or downloading materials from our Site, you agree to abide by our Terms of Use.

Modification and Termination of Program

  • We reserve the right to terminate, cancel, modify or restrict any of the Terms governing the Program, including, but not limited to, the methods through which Points can be earned, how Points can be used, the value of Points, the qualifying services and/or products offered, and the conditions under which Points may be forfeited – at any time, with or without notice, even though these changes may affect a member’s ability to use the Points that he/she has already earned.
  • The Program has no predetermined termination date and may continue until such time that Hears Hearing & Hearables, LLC decides to terminate the Program.  We may terminate the Program at any time, with notice via email to the member’s email address currently on file with Hears Hearing & Hearables, LLC.  Upon termination, members may or may not, at Hears Hearing & Hearables, LLC’s sole discretion, have a designated period of time from the date of Program termination to use accumulated Points. Otherwise, any Points remaining in a member’s account at time of termination will be forfeited and no compensation will be provided.
  • A member’s continued participation in the Program constitutes acceptance of any changes to these Terms. Members are responsible for remaining knowledgeable as to any changes that we may make to these Terms. The most current version of these Terms will be available on the Site which facilitates the Program and will supersede all previous versions of the Terms.
  • Hears Hearing & Hearables, LLC reserves the right to terminate the account of any member who uses the Program in a manner inconsistent with these Terms or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines, or ordinances, which may result in the loss of all earned Points, benefits, and privileges.
  • Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Hears Hearing & Hearables, LLC reserves the right to seek damages from any such person to the fullest extent permitted by law. Our failure to enforce any of these Terms shall not constitute a waiver of that, or any other, provision.
  • All questions or disputes regarding eligibility for the Program, the earning, use, or conversion of Points or a rebate, or a member’s compliance with these Terms will be resolved by Hears Hearing & Hearables, LLC in its sole discretion.

Limitation of Liability/Disputes:

  • By participating in the Program, each member accepts all responsibility for, and hereby indemnifies and holds harmless Hears Hearing & Hearables, LLC and its respective officers, directors, employees, shareholders, agents, and successors, and assigns (the “Released Parties”), from and against any claims that may arise from actions taken by such member, participation in the Program, acceptance or use of any service or merchandise, misuse of the Program by a member or others, and any unauthorized access to member’s account by a third party.
  • Hears Hearing & Hearables, LLC is not liable or responsible in any manner for any tax consequences which may result from participation in the Program. Each member is solely responsible for the payment of all taxes payable and benefits acquired as a result of such participation and earning, conversion, holding and/or use of Points and for all applicable filing and reporting obligations.
  • UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT WE HAS IMPROPERLY DENIED THAT MEMBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT”.
  • These Terms are governed by and interpreted under the laws of the state of Minnesota with venue and jurisdiction in Minnesota.  Members specifically agree to personal jurisdiction in Minnesota.
  • If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect. The Program is void where prohibited or restricted by law.

 

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