IMPORTANT – PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING WWW.HEROESOFHEARING.COM OR PURCHASING ANY PRODUCT OR SERVICE. THESE TERMS CONTAIN A MEDICAL DISCLAIMER, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT AFFECT YOUR LEGAL RIGHTS.
The website www.heroesofhearing.com (the "Site") is owned and operated by Heroes of Hearing, LLC ("Heroes of Hearing," "we," "our," "us"), a hearing healthcare practice located in Tucson, Arizona. By accessing or using the Site, submitting information through the Site, or placing an order through the Site or by telephone, you ("you") agree to these Terms and to our Privacy Policy, which is incorporated by reference and available at https://www.heroesofhearing.com/privacy. If you do not agree, please do not use the Site.
We may update these Terms from time to time by posting the updated version on this page and revising the effective date above. Your continued use of the Site after changes are posted constitutes acceptance of those changes. The current version is always available at https://www.heroesofhearing.com/terms.
1. Medical Disclaimer — Important
The content on this Site — including articles, videos, guides, and descriptions of our services — is provided for general educational and informational purposes only. It is not medical advice, does not constitute a diagnosis or treatment recommendation, and is not a substitute for professional evaluation and care by a qualified hearing healthcare provider or physician.
Using this Site, watching our content, or communicating with us through the Site does not create a provider-patient relationship. A provider-patient relationship is established only through an in-person evaluation at our office.
Never disregard professional medical advice or delay seeking it because of something you read or saw on this Site. If you believe you are experiencing a medical emergency, including sudden hearing loss, call 911 or seek immediate medical attention. Sudden hearing loss is a medical emergency that requires prompt evaluation.
2. Eligibility
The Site is intended for use by individuals who are at least 18 years of age. By using the Site or placing an order, you represent that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
3. Products and Services; Orders
Through the Site and by telephone, we offer hearing wellness services (such as our Hearing Wellness Evaluation), hearing care programs, books and other physical products, and related offerings. All prices are in U.S. Dollars and are subject to change; the price in effect at the time of your order applies to that order.
Payment must be received before an order is accepted. An order confirmation does not by itself constitute acceptance; we may cancel or limit any order, or request additional information, at our discretion (for example, in cases of suspected error or fraud). If we cancel an order after payment, you will receive a full refund for that order. To modify or cancel a pending order, contact us promptly at [email protected] or 520-230-3999.
Purchasing a service through the Site secures your commitment; your appointment is then scheduled with our office. If we cannot accommodate a workable appointment time for a service you purchased, we will refund it in full.
4. Appointments, Cancellations, and Rescheduling
We reserve dedicated one-on-one time for every appointment. We ask that you provide at least 24 hours' notice to cancel or reschedule an appointment. A charge of $50.00 will be assessed for each no show or late cancellation office visit appointment if less than 24 hours notice is given.
5. Hearing Instruments and In-Office Purchases
Hearing instruments and in-office care programs are provided under separate written purchase and care agreements you receive and sign at our office. Those agreements — together with applicable Arizona law governing hearing instrument sales, trial periods, and returns — govern those purchases. In the event of any conflict between these Terms and a signed in-office agreement, the in-office agreement controls for that purchase.
6. Returns and Refunds for Physical Products
If you purchase a physical product from us through the Site (for example, a book), you may request a refund if:
You request the refund in writing to [email protected] within thirty (30) days of purchase;
You return the product according to the instructions we provide, in like-new, resellable condition;
You pay return shipping costs.
A restocking fee of fifteen percent (15%) of the original purchase price will be deducted from your refund. Refunds are processed within 7–10 business days after the returned product is received and inspected. Shipping and handling charges are non-refundable.
For health and safety reasons, opened battery packages and opened personal-use items (such as ear tips, domes, and cleaning supplies) are not eligible for return or refund.
7. Shipping
Unless stated otherwise at checkout, applicable shipping and handling fees are added to physical product orders. Delivery timeframes are good-faith estimates. We are not responsible for delays caused by carriers we do not control. Risk of loss passes to you upon our delivery to the carrier. If your order is materially delayed, we will contact you at the email address you provided, and you may cancel for a full refund.
8. Memberships and Recurring Payments
If you enroll in a Heroes of Hearing membership or care plan with recurring payments, the specific terms — including price, billing frequency, included benefits, and cancellation procedures — are stated in your membership agreement at enrollment. By enrolling, you authorize us to charge your provided payment method on a recurring basis until you cancel in accordance with your membership agreement. To cancel or ask questions about a membership, contact [email protected] or 520-230-3999.
9. Text Messaging (SMS) Terms
By providing your mobile number through our forms or by texting us, you consent to receive text messages from Heroes of Hearing, including appointment reminders, follow-ups, and marketing messages. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time or HELP for assistance; you may also opt out by any reasonable method, including calling or emailing us. See our Privacy Policy at https://www.heroesofhearing.com/privacy for how we handle your information. No mobile opt-in information or consent will be shared with third parties for their marketing purposes.
10. Intellectual Property
All content on the Site — including text, design elements, logos, taglines, trademarks (including "Heroes of Hearing" and "Alive Again"), photographs, video and audio content, and downloads — is protected by U.S. and international copyright, trademark, and other intellectual property laws and is owned by or licensed to Heroes of Hearing. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. You may not copy, reproduce, distribute, republish, or create derivative works from Site content, or use our trademarks, without our prior written permission.
11. Testimonials, Reviews, and Submissions
We welcome your comments, reviews, and stories. By submitting a testimonial, review, photo, video, or other content to us, you grant Heroes of Hearing a royalty-free, worldwide, perpetual, non-exclusive, irrevocable license to use it (in whole or in part, with your first name, city, and state) in our marketing and communications, in print and online. We may edit for length, grammar, and clarity. Testimonials reflect individual experiences; results vary from person to person. Where a submission includes health information, we will obtain any authorization required by law before publishing it.
12. Acceptable Use
You agree to use the Site only for lawful purposes. You may not: attempt to gain unauthorized access to the Site or its systems; interfere with the Site's operation; upload malicious code; scrape or harvest data from the Site; impersonate another person; or use the Site to transmit unlawful, defamatory, harassing, or infringing material.
13. Third-Party Links and Services
The Site may contain links to third-party websites and may be built on or integrate third-party platforms and services. We are not responsible for the content, policies, or practices of any third party. Your use of third-party sites is at your own risk and subject to their terms.
14. Disclaimer of Warranties
EXCEPT WHERE PROHIBITED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT CONTENT IS ACCURATE, COMPLETE, OR CURRENT. THIS SECTION APPLIES TO THE SITE AND ITS CONTENT; IT DOES NOT LIMIT ANY WARRANTY OR OBLIGATION STATED IN A SIGNED IN-OFFICE PURCHASE OR CARE AGREEMENT, OR ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.
15. Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL HEROES OF HEARING OR ITS OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE PROHIBITED BY LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR ANY ONLINE ORDER SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100). NOTHING IN THIS SECTION LIMITS LIABILITY FOR PROFESSIONAL HEALTHCARE SERVICES TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW.
16. Dispute Resolution — Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
If you have a dispute with us, you agree to first contact us at [email protected] so we can try to resolve it informally. Except where prohibited by law, any dispute arising out of or relating to these Terms, the Site, or any purchase through the Site that is not resolved informally within 60 days shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, before a single arbitrator, in Pima County, Arizona (or by telephone, video, or written submissions if both parties agree, or as the AAA Consumer Rules otherwise provide). The AAA's rules are available at www.adr.org. Payment of filing, administration, and arbitrator fees will be governed by the AAA's Consumer Rules.
You and Heroes of Hearing each waive the right to a trial by judge or jury and the right to participate in a class or representative action. Disputes shall be arbitrated only on an individual basis. Either party may bring an individual claim in small claims court instead of arbitration, and either party may seek injunctive relief in court to protect intellectual property rights. If the class action waiver is found unenforceable, this entire arbitration provision shall be null and void. The arbitrator may award the same individual relief a court could, must apply Arizona law, and shall issue a written decision. This provision is governed by the Federal Arbitration Act and survives termination of these Terms.
Time limit on claims. To the extent permitted by applicable law, any claim arising out of or relating to these Terms, your use of the Site, or any purchase made through the Site must be brought within one (1) year after the claim arises, or it is permanently barred. This time limit does not apply to claims arising from professional healthcare services, which are governed by applicable law and any signed in-office agreements, and it does not apply where a longer period is required by law that cannot be shortened by agreement.
This arbitration provision does not apply to disputes governed by a signed in-office agreement containing its own dispute resolution terms, which shall control for those disputes.
17. Indemnification
You agree to indemnify and hold harmless Heroes of Hearing and its owners, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Site, or your violation of any law or third-party rights in connection with the Site.
18. Copyright Complaints (DMCA)
If you believe content on the Site infringes your copyright, send a notice with the information required by 17 U.S.C. § 512 to: Heroes of Hearing, Attn: Legal, 3037 W Ina Rd, Ste 121, Tucson, AZ 85741, or [email protected].
19. General Provisions
Governing law and venue. These Terms are governed by the laws of the State of Arizona, without regard to conflict of laws principles. Any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Pima County, Arizona.
Electronic communications. When you communicate with us through the Site or by email, you consent to receive communications from us electronically, and you agree that such communications satisfy any legal requirement that they be in writing.
Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. Waivers are effective only in writing signed by Heroes of Hearing.
Assignment. We may assign our rights under these Terms; you may not assign yours without our written consent.
Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control.
Entire agreement. These Terms, together with the Privacy Policy and any signed in-office agreements, constitute the entire agreement between you and Heroes of Hearing regarding the Site and online purchases, and supersede prior communications on that subject.
20. Contacting Us
Heroes of Hearing, LLC 3037 W Ina Rd, Ste 121 Tucson, AZ 85741 Phone: 520-230-3999 Email: [email protected] www.heroesofhearing.com