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Terms of Service

Songbird Holdings, LLC ("Songbird") operates http://www.songbirdhearing.com and other landing pages (the "Sites") that direct customers to http://www.songbirdhearing.com, conditioned upon your acceptance of the following terms, conditions, policies and notices ("Terms and Conditions"). By using the Sites, you signify your assent to these Terms and Conditions and any subsequent modifications. Songbird may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use these Sites as they are binding upon you.

Privacy

Please review our Privacy Policy, which governs your visit to the Sites.

Permitted Use

You must be at least 18 years of age to use the Sites. You may access and use the Sites for personal, non-commercial purposes only. As a condition to your continued use of the Sites, you warrant to Songbird that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms and Conditions. Songbird reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.

Free Trial Terms and Conditions

By accepting Songbird Holdings, LLC's Free Trial Offer for the Songbird Ultra, you agree that you are aware of the Terms of Service for the Free Trial.  You understand that upon ordering, you will be charged $15 Shipping & Processing and any applicable sales tax. If you are not completely satisfied, you understand that you may return the Songbird within 45 days from receipt and be charged nothing more. At the end of the trial period, if you decide to keep the Songbird, the regular price will be charged to the credit card provided on the date of purchase.  If you are not satisfied within 45 days of receipt, please call our customer service department at 1-800-789-1830.  All refunds will be in the amount of the product price only.  No further charges will be billed to you.  Shipping and processing charges are non-refundable.  Free Trial Offer is only available via credit card and cannot be purchased using a check.

Your Songbird Account

If you create an account on the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18 years of age, you may only use the Sites with a parent or guardian.

Product Shipment

All products purchased through the Sites are shipped and billed by Songbird. Risk of loss passes to the purchaser upon delivery of a product to a common carrier. Information regarding estimated delivery schedules, delivery options, and payment terms are clearly posted on each product page, but are only estimates. Orders are typically shipped standard ground.

User Data

Songbird collects different types of information from users of the Sites. We collect "Personal Information," which, generally speaking, is information that identifies you individually, such as your name, account number, and billing address. We will only collect Personal Information about you that you provide to us voluntarily. For example, we collect Personal Information when you make a purchase on the Sites. If you do not want your Personal Information collected, please do not submit it to us. When you do provide us with Personal Information, we may store and evaluate that information to better understand your needs and how we can better serve you, and we may use that information to improve our service and to contact you. We do not now and do not intend to sell, rent, or market Personal Information about you to third parties. However, Songbird may disclose Personal Information about you in the following cases: (i) in connection with processing your transactions and requests with Songbird, (ii) to comply with a subpoena, search warrant, court order or other legal requirement; or (iii) in the event that Songbird has reason to believe that disclosing Personal Information is necessary to identify, contact, or bring legal action against someone who, intentionally or unintentionally, may be causing injury or harm to the Sites, its users, or other persons or violating the Terms and Conditions of the Sites. Additionally, Songbird may, from time to time, notify you that a particular service (e.g., a rebate program) will require disclosure of your Personal Information. If you choose to participate in such a service, you consent to disclosure of your Personal Information.

Songbird also collects Non-Personal Information from users of the Sites. "Non-Personal Information" is information that does not itself identify you personally, such as the type of Internet browser or computer operating system you are using, and the domain name of the webSites from which you linked to the Sites. We may automatically (i.e., not via registration) collect Non-Personal Information when you connect to or use the Sites. We may store, compile, publish, promote, report, lease, sell, or otherwise disclose Non-Personal Information to third parties, provided that the information does not personally identify you.

Transaction Information

In facilitating transactions, Songbird collects Personal Information related to each transaction, such as the amount of the transaction and the necessary financial and identifying information, including relevant account numbers and addresses. Disclosure of Personal Information is required to conduct a transaction on the Sites.

Children

Songbird does not sell products for purchase by children. Children should not submit any Personal Information to us. If you are under 18 years of age, you may only use the Sites with your parent or guardian. Parents should be aware that Songbird's Privacy Policy governs our use of Personal Information. That information which is voluntarily given by children or others in chat sessions, email exchanges, bulletin boards or the like may be used to generate unsolicited mail. Songbird encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet.

Information Placed Automatically

When you view the Sites, we may store some information on your computer. This information will be in the form of a "cookie" or similar file and can help us in many ways. For example, cookies allow us to tailor a website to better match your interests and preferences. With most Internet browsers, you can erase cookies from your computer hard drive, block a cookie or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.

Security

Songbird encrypts all Personal Information collected about you and stores that information in its data center protected by industry standard firewalls. However, please understand that absolute security does not exist on the Internet.

Company Sale

Personal and Non-Personal Information collected through the Sites is considered a trade secret of Songbird. As the owner of such information, we may disclose or sell such information as an asset of the company in conjunction with the sale to a third party of our company or a portion of our assets.

Third Party Sites

The Sites may contain links, including advertisements, to web sites operated by third parties ("Third Party Sites"). Because Songbird has no control over Third Party Sites, Songbird does not endorse, has not reviewed, and is not responsible for information collected about you by Third Party Sites. Your use of Third Party Sites is solely at your own risk.

Acceptance of Terms

By using the Sites you accept the terms and conditions of this statement. If you do not agree to these Terms and Conditions, please exit the Sites immediately.

Notification of Changes

Songbird may change these Terms and Conditions from time to time. Please check these Terms and Conditions each time you visit the Sites so that you are aware of any changes. Your continued use of the Sites following the posting of changes to these terms and conditions will constitute acceptance to the amended Terms and Conditions.

Opt-out Procedures

Songbird provides users of the Sites with an easy way to stop receiving email offers. Although most of our customers tell us that they look forward to receiving these offers, we recognize your right to discontinue this service. To elect not to receive future email communications, send an email to Info@songbirdcustomerservice.com with the word "Remove" in the subject line.

Product Support and Returns

If you have difficulties with your order, please contact customer service at 1-800-789-1830 for help or return instructions. All Songbird products sold are subject to a 45-day money back guarantee, less Shipping & Handling. Songbird will not refund Shipping & Handling charges collected at point of sale. Songbird will not provide refunds for products clearly damaged or modified by the customer, through no fault of Songbird.

Security Policy

Your security and buying confidence is one of our highest considerations. Although no company can provide absolute security on the Internet, Songbird's Sites utilize an SSL web certificate capable of 256-byte encryption and provided by Thawte, Inc. ThawteTM is an international subsidiary of VeriSign, Inc, providing security for both US and Non-US electronic transactions. In addition the Sites incorporate digital certificates and online authentication. At Songbird we are committed to making your shopping experience both safe and pleasurable.

Unsolicited Comments

Any comments related to product, business, or marketing suggestions made through these Sites or sent to Songbird or its affiliates are unsolicited, nonconfidential, and nonattributable to the source. Songbird and its affiliates reserve the rights to use any suggestions or ideas as seen fit and to take ownership and possession of all such items and proceeds.

Community Forums

Songbird may provide blogs, message boards and other community forums ("Community Forums") on the Sites. If you use a Community Forum, you are solely responsible for your own communications and the consequences of posting those communications. Songbird does not assume any responsibility for the consequences of any Community Forum communications on or arising from use of the Songbird Sites. Songbird does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by Community Forum users or endorse any opinions expressed by such users. Any reliance upon content posted in a community forum is at your own risk.

Free Shipping for Life

From time to time, Songbird may offer customers free shipping & handling for any products sent to a customer who has selected the auto-delivery feature, which will send new product to the customer automatically at intervals of their choosing. The customer will also be billed for the product when shipped. Shipping and Handling will be free of charge, excluding on returns. Songbird calls this offer "Free Shipping" or "Free Shipping for Life". Should the customer opt-out of the auto-delivery feature, standard Shipping and Handling charges will apply and resume upon any subsequent purchase. If a customer has selected the auto-delivery feature and receives product under this feature and subsequently returns it, Songbird will collect a Shipping & Handling fee that was waived at the point of purchase as a part of the offer, refunding the balance of the purchase charge to the customer.

 
Share Songbird (Referring Friends and Family)

From time to time, Songbird may offer incentive rewards to customers to refer friends and family to Songbird. The incentive is contingent upon the referred friend or family member’s purchase of a new Songbird disposable hearing aid and may be revoked upon product returns during the 45-day return period. Given this, the delivery of the incentive reward will occur following this 45-day return period. The incentive is also contingent upon information provided by the referred friend or family member which identifies the referring customer. Songbird will make best effort to solicit this information and use it for the delivery of the incentive reward to the referring customer. Incentive rewards have no cash value, are non-refundable and non-transferable. Other terms and conditions may apply. Void where prohibited. Offers cannot be combined and are subject to restrictions and limitations.

Disclaimer of Warranties

Neither Songbird nor its employees, agents, Suppliers, third party information providers, merchants, licensors or the like warrant that the Sites or their operation will be accurate, reliable, uninterrupted or error-free. If your use of Songbird results in the need for servicing or replacing property, material, equipment or data, Songbird is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Sites on behalf of Songbird. Songbird reserves the right to change or discontinue at any time any aspect or feature of the Sites. Songbird does not assume any liability for the contents of any material provided on the Sites. Reliance on any information presented on the Sites is at your own risk. Songbird reserves the right to change or discontinue any aspect or feature of the Sites at any time. You acknowledge that, in connection with the Sites, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Songbird. Accordingly, Songbird assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Sites. Without limiting the foregoing, everything on the sites is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, covering the products available on the sites and the accuracy of the information contained within your account or within the sites. Songbird makes no warranties about the accuracy, reliability, completeness or timeliness of the sites content, software text, graphics, and links, or about results to be obtained from using the sites or songbird services.

Limitation of Liability

In no event shall Songbird or any third parties mentioned at the sites be liable for any costs, damages and expenses whatsoever (including, without limitation, health problems, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) resulting from the use or inability to use the Songbird sites or the content of the sites whether based on warranty, contract, tort or any other legal theory, and whether or not songbird is advised of the possibility of such damages. Songbird shall be liable to you only for gross negligence or willful misconduct and only to the extent of actual damages incurred by you, not to exceed U.S. $100.00 (one hundred dollars). Because some states and countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.

Indemnification

You agree to defend, indemnify and hold Songbird, its officers, directors, employees and agents, licensors and Suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Sites in a manner that violates or is alleged to violate these Terms and Conditions. Songbird shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Links/Advertisements

The Sites may link to other Sites operated by third parties. The inclusion of any link to such Sites does not imply endorsement by Songbird of the Sites, but is for your reference and convenience only. Songbird has not reviewed all of the Sites linked to the Sites and is not responsible for the content or accuracy of any off-Sites pages or any other Sites linked to Songbird. Nor does Songbird recommend or endorse any specific tests, products or procedures that may be mentioned on or represented in advertisements on the Sites. Linking to any other off-Sites pages or other Sites is at your own risk and subject to the terms and conditions of any hyper-linked Sites.

The Sites also contain advertisements by third parties. Unless otherwise specifically stated on the Sites, Songbird does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Sites.

Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the home pages of the Sites, provided that the hyperlink accurately describes the content as it appears on the Sites. Songbird reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the Sites or any of its content or copy portions of the Sites to a server, except as part of an Internet service provider's incidental caching of pages. Each page within Songbird must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within Songbird.

Copyrights

Songbird retains full copyright ownership, rights and protection in all material contained on the Sites (including all software, HTML code, Java applets, Active X controls and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Sites without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on these Sites.

You may, however make single copies of materials displayed on the Sites for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Sites. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Songbird or the copyright owner of the copied material.

None of the material contained on the Sites may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Songbird.

All content of Songbird is Copyright © 2012 Songbird Holdings, LLC. All rights reserved.

Trademarks

Songbird®, the Songbird logo, ultra, clear, flexfit, directfit, Free Shipping for Life, and other Songbird trademarks, service marks, logos, or slogans used on the Sites (the "Songbird Marks") are trademarks or registered trademarks of Songbird. You may not use the Songbird Marks without written authorization from Songbird Holdings, LLC By using the Sites, you acknowledge that the Songbird Marks are valid trademarks. Third party trademarks used on the Sites are the property of their respective owners.

Termination

You agree that Songbird may terminate your use of the Sites if Songbird reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the rights of Songbird or any third party, or for any reason with or without notice to you. You agree that Songbird may modify or discontinue the Sites, with or without notice to you. You agree that Songbird will not be liable to you or any third party as a result of such modification or discontinuation.

Survival

The provisions entitled "Disclaimer of Warranties," "Limitation of Liability," "Indemnification," "Trademarks," and "General Provisions" will survive termination of this agreement.

General Provisions

You expressly agree that exclusive jurisdiction for any dispute with Songbird, or in any way relating to your use of the Sites ("Legal Action"), shall be the courts of the Middlesex County, State of New Jersey. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the District of New Jersey. These Terms and Conditions are governed by the internal substantive laws of the State of New Jersey, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to Songbird must be commenced within 1 year after the claim or cause of action arises or such claim or cause of action is barred.

Notice

Songbird may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on Songbird, or by written communication delivered by first class U.S. mail to your address on record in Songbird's account information. You may give notice to Songbird at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Songbird Hearing, 1850 South Boulder, Suite 100, Tulsa, Oklahoma 74119

e-mail: info@songbirdcustomerservice.com

Questions

If you have any questions about these policies please contact Songbird's customer service department at info@songbirdcustomerservice.com or call 1.800.647.5560.

 
 
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