Terms and Conditions of Website Use

 

PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE ("SITE") FOR ANY PURPOSE. By using and navigating our site you consent to information practices outlined in our Privacy Policy and in our Terms and Conditions of Use as set forth below. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

 

Your use of this site and the information available on this site is subject to the following Terms:

 

Ownership

This site is owned by Oticon A/S, Kongebakken 9, DK-2765 Smoerum, Denmark, Danish registration number 42334219

This site is operated by Oticon Medical LLC, 580 Howard Avenue, Somerset, 08873 New Jersey, NJ, registration number 800-400-458/000.

 

Territory

This site is intended solely for users located in the United States of America.

 

Agreement

By using this site and our services, you agree to accept unconditionally our Terms and you unconditionally agree to be bound by these Terms.

 

Terms and Conditions Updates or Changes

We reserve the right to change the Terms of this agreement or to modify any features of this site at any time. By registering as a member of this site and/or using this site after the posting of notices regarding such changes, you agree to be bound by such changes.

 

Payment Terms & Conditions:

Payment must be made in U.S. dollars. Sales tax will be charged where applicable.

Oticon Medical accepts checks and most major credit cards (VISA, MasterCard, and American Express).

By providing a credit card as the payment method, you grant Oticon Medical authority to charge to this credit card.

Payments must be made prior to shipment of an order.

 

Sales Tax

Sales tax is collected for shipments to addresses in the following states: AR, CA, CO, CT, FL, GA, IA, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, NC, ND, NE, NJ, NV, NY, OH, OK, PA, RI, SC, SD, TN, TX, VT, VA, WA, WI, WV, & WY.

If you are exempt from sales tax and the delivery address is within one of the states listed above, please check the Tax Exempt box when registering, or you can update the information by accessing the My Account link at the top of every page. If you are tax exempt, please send us a copy of your tax exemption certificate for our file. Please e-mail the Tax Exemption Certificate to info@oticonmedicalusa.com or fax it to 1-732-868-6949.

All tax exempt sales will be held in a pending status until an exemption certificate is received or verified as being on file.

 

Warranty Disclaimers

  1. Our Site cannot, and does not, contain information about all hearing or other medical conditions. This site may not contain all information that is applicable to your personal circumstances. The content is not intended for Oticon Medical and should not be used as a substitute for consultation with your physician or other health professional.
  2. Price and availability content, as well as other content contained in the site or accessible therefrom, is subject to change without notice. Oticon Medical reserves the right to limit quantities on all items. Each advertised item must be readily available for sale, unless specifically noted on this site will not issue a “rain check” or place a backorder for items that are out of stock.
  3. To the fullest extent permitted by applicable law, Oticon Medical and its affiliates, Medical Advisors, Suppliers, Consultants, Officers, Directors and Employees (collectively throughout, “Oticon Medical”) disclaim and exclude all warranties with respect to all services, information and/or products contained on this site, or linked hereto (collectively throughout, “content”), express, implied, or statutory. Oticon Medical makes no representations or warranties regarding the accuracy, reliability, timeliness, or completeness of the content (text or images) of this site. The content of this site, the server that makes it available, and the services and products we provide on our site, are provided on an “as is” and “as available” basis without warranty of any kind. This disclaimer includes, but is not limited to, any and all warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that this site will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this site. We do not warrant that information, services, and products contained in this site will satisfy your requirements or that they are error or defect-free. Before using any product, you should confirm any information of importance to you on the product packaging. You assume responsibility for the accuracy, appropriateness and legality of any information you supply to Oticon Medical.
  4. This site is operated in the United States of America and Oticon Medical makes no warranty or representation that content is applicable or appropriate for use in other locations.
  5. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this site or any information or goods that are available or advertised or sold through this site. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this site or available through links in this site. We reserve the right to correct any errors or omissions in this site but are under no obligation to do so. We do not guarantee or warrant that this site or materials that may be downloaded from this site do not contain viruses, worms, spyware or other forms of corruptive or destructive code or features. We are not liable for any damages or harm attributable to such features. We are not responsible for the availability or content of other websites that may be linked to this site.
  6. If you rely on this site and any material available through this site, you do so solely at your own risk. Oticon Medical expressly disclaims liability for technical failures (including hardware or software failures), incomplete, scrambled or delayed computer transmissions by third parties. By your use of this site, you acknowledge that such use is at your sole risk, including responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with this site.

 

Standard Warranty Descriptions

Standard Two Year Warranty (OMSTD2)

Starting from the date of instrument delivery, this warranty includes two year repair coverage against defects in material and workmanship. There is a one-time replacement coverage for loss, theft, or damage during these two years.

 

Extended Warranty Descriptions

This is for instruments currently on an existing standard warranties.

Additional Year Repair Warranty (OMEXREP)

Starting from the date of instrument delivery, this extended warranty is for an additional year of repair coverage against defects in material and workmanship for instruments currently on an existing standard warranty.

Additional Year Extended Warranty (OMEXT)

Starting from the date of instrument delivery, this extended warranty is for an additional year of repair coverage against defects in material and workmanship and a one-time replacement coverage for loss, theft, or damage. This is for instruments currently on an existing standard warranty.

Pediatric Peace of Mind Warranty (OMEXKID)

Starting from the date of instrument delivery, this extended warranty is for an additional year for repair coverage against defects in material and workmanship and a onetime replacement coverage for loss, theft, or damage.

 

Note:

Instruments subjected to unauthorized repair or maltreatment may be subjected to additional charges.

Accessories are covered by a 90 day limited warranty against defects in materials and workmanship from the date of invoice.

The warranties that are offered by the manufacturer do not cover cords, other accessories or batteries. It is not valid if a defect has arisen as a result of maltreatment, misuse, accident or tampering. Damage or malfunction resulting from attempt to repair or service the instrument by others than those authorized by the manufacturer is not covered by this warranty. Mailing and insurance costs incurred in the delivery to the authorized facility are the responsibility of the instrument owner. This warranty service is available by taking the instrument to the hearing care professional by whom it was delivered, or to any other hearing care professional who handles the manufacturer’s hearing instruments.

The purchaser agrees that all warranties, expressed or implied, in law or in fact, expire at the termination date of this written warranty. (Some states do not allow limitations on how long an implied warranty lasts).

At the expiration of the warranty period there will be a charge for repairs. However, any instrument not older than 4 years which is repaired by the manufacturer after expiration of the instrument’s warranty will be covered by a 6 (six) month or optional 12 (twelve) month repair warranty.

Please contact your local Hearing Healthcare Professional for inquiries on warranty renewal policy.

 

Loss, Theft or Damage Policy

All Accessories are covered by a 12 month limited warranty against defect in materials and workmanship from the date of invoice.

All processors are covered by a two year warranty against defects in material and workmanship. The warranty is in effect from the date of delivery to the patient.

Additional years of warranty can be purchased at any time up to the expiration of the warranty period. No extended warranties can be purchased beyond the warranty expiration date.

In addition to the manufacturer’s repair warranty there is also a Loss, Theft, or Damage Policy for the first 2 years from the date of the initial fitting. There is a deductible charged for the replacement and the policy allows only one replacement during the 2 years following the initial fitting.

Extended Warranties are available for the 3rd, 4th and 5th year beyond the fitting date of the processors. Additional years of loss, theft and damage coverage can be purchased with an additional repair warranty at any time up to the expiration of the warranty period.

There is a onetime only replacement for loss, theft or damage during any warranty period whether or not coverage has been renewed. Once a loss, theft or damage claim has been filed, additional loss, theft or damage coverage cannot be purchased through the manufacturer.

 

Returns for Credit Policy:

Oticon Medical accessories may be returned within 90 days. If the return for credit request comes after 90 days of shipment then there will be no returning of the product allowed.

Oticon Medical processors may be returned within 120 days of invoice. If the return for credit request comes after 120 days of shipment then there will be no returning of the product allowed.

Fees for shipping, handling and insurance may apply to all returns. To receive a credit, less shipping, handling and insurance charges, a Return for Credit form must be filled out and returned along with the product.

Exchanges of the processor within the same model for a different color can be made within 120 days of invoice under the same conditions as a credit return.

 

Shipping Policy

We strive to maintain all items in stock and ship most orders the same day or the next business day. We ship 5 days per week.

Online sales are only available for billing and shipping addresses in the US. Online orders are processed until 5pm (EST) and are shipped the same day Mon-Fri. Anything received after 5pm will be processed and shipped the following day. Most orders arrive the next day by UPS Standard Overnight. If you have an urgent need, please call customer service at 1-888-277-8014.

 

Return and Exchange Policy

Oticon Medical Processors & Accessories can be returned or exchanged within 90 days of the shipment date at no charge. To receive a credit, less shipping, handling and insurance charges, please call 1-888-277-8014 to request a Return for Credit form. The form must be filled out and returned along with the product.

 

Unsolicited Ideas

Oticon Medical is eager to receive your comments and answer your questions about our products and our company. However, we are not seeking, nor can we accept, unsolicited ideas, suggestions or materials relating to the development, design, manufacture, or marketing of our products. By adhering to this policy, we hope to avoid subsequent misunderstandings among members of the public who submit comments or ideas relating to products or concepts developed by Oticon Medical’s employees.

 

Third Party Software

As a convenience to you, Oticon Medical may make third-party software available through the site. To use the third-party software, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider. Oticon Medical does not guarantee that any software downloaded through the site will be free of viruses, worms, spyware or other forms of corruptive or destructive code or features. Oticon Medical makes no representations or warranties concerning, and is not liable or responsible in any manner for, the performance, effectiveness, or any other aspect of any third-party software downloaded through the Service.

 

Jurisdictional Limitations

The products referred to in this site are available in the United States and may not be available in your country. This site is controlled and operated by Oticon Medical from the United States, and Oticon Medical makes no representation that the information and materials in this site, including, without limitation, the information and other materials promoting the products identified herein, are appropriate or available for use in other locations. Also, some software from this site may be subject to export controls imposed by the United States Government and may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has placed an embargo. If you download or use the software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.

 

Restrictions on Site Use

This site is available only for, and you may use this site only for, your own personal, non-commercial, shopping, and information purposes. Copying, reproducing, posting, publishing, broadcasting, modification, distribution, or transmission in any way without the prior written consent of Oticon Medical is strictly prohibited. Oticon Medical reserves title and full intellectual property rights for materials downloaded or otherwise received from this site, subject to but not limited to the Copyright and Trademark Notice as set forth herein.

 

Copyright and Trademark Notice

This site - including, but not limited to, text, photographs, graphics, video and audio content - is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. In addition, the manner in which we have compiled, arranged and assembled our content is protected by worldwide copyright laws and treaty provisions. [Oticon Medical , as well as other names, button icons, text, graphics, logos, images, designs, titles, words or phrases, audio clips, page headers, trademarks, and service names used on this site are the trademarks, service marks, trade names or other protected intellectual property of Oticon Medical or its affiliates. You may not use any of such materials for any purpose without the express written agreement of Oticon Medical. All other brands and names are the property of their owners. All individual articles, content and other elements comprising this site are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this site. Just as Oticon Medical requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify Oticon Medical by emailing us at contact 1-888-277-8014

 

No Improper Reproduction or Distribution

Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this site, except that you may download material from this site for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this site over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. You also may not delete or change any copyright or trademark notices.

 

User Content License

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this site, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium now in existence or hereinafter developed and for any purpose, including commercial purposes, and to authorize others to do so. Your establishment of an account through this site, your postings to this site, and electronic mail delivered to Oticon Medical, are not confidential and Oticon Medical shall not be liable for any use or disclosure thereof. All communications and other materials (including, without limitation, unsolicited ideas, suggestions or materials) you send to this site or to Oticon Medical by electronic mail are, and shall remain, the sole and exclusive property of [xxx] and may be used by Oticon Medical for any purpose whatsoever, commercial or otherwise, without compensation to you. If you are utilizing this site as a means of providing information to Oticon Medical in furtherance of a vendor-vendee relationship, you represent and warrant that the material specifications and all other information which you provide is accurate and complete and that you shall promptly notify us whenever there is a modification or other change in any such information.

 

Unauthorized Advertisement or Infringement

This site has been specially designed for presentation of content and creative works in a unique format and appearance to our users. We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our site. Neither you nor any third party shall make use of the site in any manner that constitutes an unauthorized advertisement or any other infringement of our rights, including copyright that has not been authorized by us.

 

Links to Our Site

Hypertext linking to this site is permitted. However, Oticon Medical reserves the right to disable any link to any site Oticon Medical believes contains scandalous, offensive, obscene, scurrilous, or inappropriate content or that, in the sole opinion of Oticon Medical, adversely affects the goodwill of Oticon Medical or any trademark or service mark of Oticon Medical or its affiliates. Oticon Medical expressly reserves all available legal rights and remedies for any cause predicated on hypertext linking of this site from any other site. "Framing" or any other use of this site that serves to affect the identity of this site or the source of the content of this site is prohibited.

 

 

Liability Disclaimer

Oticon Medical and its Affiliates, Directors, Officers, Managers, Employees, Donors, Agents and Licensors are not liable for incidental, indirect, consequential, special, piunitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in anyway related to this site or for any claim, regardless of the form of action or claim (for example, contract, warranty, tort, negligence, strict liability, professional malpractice, fraud, infringement or other bases for claims). Liabilitiy is limited to the purchase price of any items you purchased from Oticon Medical in the applicable transaction, if any. This is a comprehensive limitation of liability that applies to all losses and damages of any kind. If you are dissatisfied with this site or its contect (including these terms), your sole and exclusive remedy is to discontinue using our site. Because some jurisdictions do not allow the exclusion or limitation of liability for incidenal or consequential damges, such limitation may not be applicable to you.

 

Indemnification

You agree to indemnify and hold harmless Oticon Medical and its affiliates, and their Directors, Officers, Managers, Employees, Donors, Agents, and Licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account or any other terms or notices posted on this site. Oticon Medical reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this paragraph. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

Entire Agreement

These Terms constitute the entire agreement between you and Oticon Medical governing your use of this site. Oticon Medical, in its sole discretion, reserves the right to (a) change these Terms, (b) monitor and remove postings, and (c) discontinue site availability at any time without notice. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use services of other parties affiliated with Oticon Medical, third-party content, or third-party software.

 

No Employment Contract

Should you become employed with Oticon Medical, none of the materials provided in this site constitute or should be considered part or all of an employment contract.

 

Waiver and Severability

If any part of this agreement is ruled to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the agreement, including any revised portion, shall remain and be in full force and effect. The failure of Oticon Medical to exercise or enforce any Term will not constitute a waiver of such Term. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the site or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

 

Arbitration

By using this site, you agree that Oticon Medical, at its sole discretion, may require you to submit, and you hereby agree to submit, any disputes arising from the use of this site or these Terms, including disputes arising from or concerning their interpretation, application, violation, nullity, invalidity, non-performance, or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with said Rules. Such proceeding shall be governed by the laws of the State of New Jersey. Any award in an arbitration initiated under this section shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount, except that Oticon Medical may seek and receive an injunction against you to enjoin you from engaging in any acts of breach of this agreement, as alleged by Oticon Medical. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

 

Governing Law

This agreement shall be governed by the laws of the United States and the State of New Jersey. Any action to enforce this agreement shall be brought, at Oticon Medical’s sole discretion, either through the Arbitration process as set forth herein or in the federal or state courts located in Middlesex County, New Jersey. You hereby agree to personal jurisdiction by such courts and to waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

Contacting Us

If at any time you would like to contact us with your views about our Terms and Conditions, you can do so by sending an e-mail to us info@oticonmedicalusa.com

 

Questions or Comments?

Call us toll-free: 1-888-277-8014, Mon-Fri: 8am - 4.30pm (CST); contact Customer Service; Fax: 1-732-868-6949, 580 Howard Avenue, Somerset, NJ 08873, U.S.A. All Rights Reserved.