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Terms of Use

Last Updated September, 2018

By using this site, you signify your assent to these Terms of Use.

TopNotchHearing.com ("Top Notch Hearing") will occasionally update these Terms of Use to reflect changes in its practices and offerings.  Your continued usage of the TopNotchHearing.com website (the "Website,") will mean you accept those changes. When changes are posted to these Terms of Use we will revise the "last updated" date at the top of these Terms of Use. If we make any material changes in the way we collect, use, and/or share personal information that may impact you, we will notify you by sending an e-mail to the e-mail address you most recently provided us in your account, profile or registration (unless we do not have such an e-mail address), and/or by prominently posting notice of the changes on our website. We recommend that you check the Website from time to time to inform yourself of any changes in these Terms of Use.

This Site Does Not Provide Medical or Other Professional Advice

The contents of the Website, such as text, graphics, images, videos and other material contained on the Website ("Content") are for informational purposes only. The Content on the Website constitutes general information about certain conditions or symptoms and is not specifically tailored to your specific conditions. The Content is not intended to be a substitute for professional and/or medical advice, diagnosis, or treatment and cannot be construed to be a diagnosis. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. None of the information or interactions from The Website create a doctor-patient privilege. The language above applies to 1) the content on the Website; 2) information provided by third parties who post on the Website; and 3) any information given through direct interaction by representatives of Top Notch Hearing.  

If you think you may have a medical emergency, call your doctor or 911 immediately. Top Notch Hearing does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Top Notch Hearing or appearing on the Website is solely at your own risk.

Who May Use the Website

We encourage all persons over the age of 18 to view the content on the Website, and we do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

No person under the age of 18 should use the Site. Use of the Site by any user shall be deemed to be a representation that the user is 18 years of age or older. No person outside of the United States should use the Site.

Medical Waiver

When purchasing any product(s), including a hearing aid, from Top Notch Hearing, you acknowledge that you are eighteen years of age or older and that you have been advised by Top Notch Hearing that the Food and Drug Administration has determined that your best health interest would be served if you had a medical evaluation by a licensed physician, preferably a professional who specializes in diseases of the ear, before purchasing such product(s).

Loss and Damage Warranty

Term of warranty length is dependent on purchase. Hearing aid is insured (for a one-time) loss & damage replacement unit (Left or Right): $250.00 deductible per unit applies. In the event the purchaser loses the instrument(s) during the adjustment period, the return for credit is void and purchaser will be responsible for the balance due. Loss & damage insurance can be applied to replace the instruments.

Return Policy

60-Day 100% Money Back Guarantee for consumers who intend to use the products. Top Notch Hearing does not authorize competitive research, resale or any other reason than personal use. For a full return or exchange you must include in the return all paid items with original boxing materials. All items must be in original condition. The return of item is void if damaged, lost or if a customer utilizing the manufacturer warranty repair or loss and damage. Top Notch Hearing has the right to begin and end promotions. All promotional items presented with the purchase must also be returned in original condition. All Products sold are subject to a sixty (60) calendar day return for a refund in the Purchase Price. Top Notch Hearing has the right to not refund if all items are not returned as requested with the stated trial period. Products and items must be returned within sixty (60) calendar days of the date of shipment and must be undamaged. **All purchases are investigated by TOP NOTCH HEARING for the purpose of loss prevention. TOP NOTCH HEARING has the right to cancel any and all transactions at our own discretion. On a purchase of items by ENT clinics, Audiologists, doctors, clinics, health practices, hearing instrument specialists, secret shoppers or any individual who purchase for the purpose of anything other than personal usage, TOP NOTCH HEARING has the right to refuse a return. Any return is voided if investigative findings the purchase was done in competitive research.** Products must be returned to the following address via certified mail, federal express, or other manner with tracking information: TopNotchHearing.com / Attn: Product Returns / 5550 Wild Rose Lane Suite 400, West Des Moines, IA 50266 

Use of Content

Top Notch Hearing authorizes you to view or download a single copy of the material on the Website solely for your personal, noncommercial use if you include the following copyright notice: "©2018, TopNotchHearing.com. All rights reserved" and other copyright and proprietary rights notices that are contained in the content.

The content of this Website is protected by copyright under both United States and foreign laws. Title to the content remains with Top Notch Hearing or its licensors. Any use of the content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Top Notch Hearing. All rights not expressly granted herein are reserved to Top Notch Hearing and its licensors.

If you violate any of these Terms of Use, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of any portion of the content.

Use of Site

If you use the Website, you agree and acknowledge that you are responsible for maintaining the confidentiality of your account and/or other related login information and for restricting access to your computer and/or other devise. You further acknowledge and agree to accept responsibility for all activities that occur under your account and/or username and/or password. You agree to immediately notify Top Notch Hearing of any unauthorized use of your account or any similar security breach. In consideration of your use of the Website, you agree to (a) provide accurate and complete information about yourself as prompted by the forms for your account, prescription and/or order information (“Account Information”) and (b) maintain and promptly update your Account Information to insure it remains accurate, complete, and current.  If you provide any information that is inaccurate, out of date, and/or incomplete, or Top Notch Hearing suspects, in its sole discretion, that such information is not accurate, current, and/or complete, it may terminate your account and/or use of the Website.  We reserve the right to refuse service, terminate account(s), removed and/or edit items, or cancel orders in Top Notch Hearing’s sole and exclusive discretion.

Disclaimer: By offering the products manufactured by any or all manufactures on this website TopNotchHearing.com is, in no way, holding itself out as an affiliate with any or all manufactures, that TopNotchHearing.com is part of a joint venture with any or all manufactures of that there is any affiliation whatsoever between TopNotchHearing.com and any or all manufactures beyond TopNotchHearing.com's sale of any or all manufactures products on the TopNotchHearing.com website. TopNotchHearing.com is a wholly independent company from any or all manufactures and does not manufacture any of the products available for purchase on this website. In addition, by selling the any or all manufactures products on this retail website, TopNotchHearing.com makes no claims to any rights in any or all manufactures intellectual property, including patents, copyrights or trademarks. The use of any or all manufactures logo or name or relevant any or all manufactures educational information on this website is purely for information purposes as to the products offered for sale on this educational and retail website.

Liability of Top Notch Hearing

The use of the Website and the content is at your own risk.

When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of Top Notch Hearing and its suppliers. Accordingly, Top Notch Hearing 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 Website.

The Website and the content are provided on an "as is" basis. TOP NOTCH HEARING AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Top Notch Hearing, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the Website or Top Notch Hearing.
  2. The satisfaction of any government regulations requiring disclosure of information regarding the approval or compliance of any software tools with regard to the Content contained on the Website.

In no event shall Top Notch Hearing, its suppliers, or any third parties mentioned on the Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Website or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Top Notch Hearing, its suppliers, or any third parties mentioned on the Website are advised of the possibility of such damages. Top Notch Hearing, its suppliers, or any third parties mentioned on the Website shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500. Top Notch Hearing, its suppliers, or any third parties mentioned on the Website are not liable for any personal injury, including death, caused by your use or misuse of the Website, content, or public areas (as defined below). Any claims arising in connection with your use of the Website, any content, or the public areas must be brought within six (6) months of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

User Submissions

Top Notch Hearing reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

You agree to only post or upload media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.  Uploading media like images or video of other people without their permission is strictly prohibited.  It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

By uploading any media like a photo or video, (a) you grant to Top Notch Hearing a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Top Notch Hearing to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Top Notch Hearing and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.

Interactive Features

If you use message boards, blogs, user reviews or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in these areas of the Website. Top Notch Hearing and its licensors are not responsible for the consequences of any communications in these areas of the Website. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use these areas of the Website, you agree that the following actions shall constitute a material breach of these Terms of Use:

  1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Top Notch Hearing in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Allowing any other person or entity to use your identification for posting or viewing comments
  10. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying these areas of the Website, or the Site, or which, in the judgment of Top Notch Hearing, exposes Top Notch Hearing or any of its customers to any liability or detriment of any type.

Top Notch Hearing reserves the right to:

  1. Record the dialogue in public chat rooms.
  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  3. Remove communications which are abusive, illegal or disruptive, or that otherwise fail to conform with these Terms of Use.
  4. Terminate a user's access to any or all of these areas of the Website upon any breach of these Terms of Use.
  5. Monitor, edit, or disclose any communication in the Public Areas.
  6. Edit or delete any communication(s) posted on the Website, regardless of whether such communication(s) violate these standards.

Advertisements, Searches, and Links to Other Sites

Please be aware that we may provide links to third party websites from this website as a service to our users and we are not responsible for the content or information collection practices of those sites. We have no ability to control the privacy and data collection practices of such sites and the privacy policies of such sites may differ from that of Top Notch Hearing. Therefore, we encourage you to review and understand the privacy policies of such sites before providing them with any information. Top Notch Hearing assumes no liability for any damages you may suffer from visiting such linked websites, including without limitation, damages caused by computer viruses, Trojan Horses or other destructive/disruptive code which may be downloaded from such linked websites.

Any links contained on the Website, including posts made by third parties, shall not be construed as an endorsement by Top Notch Hearing of any such linked website. Top Notch Hearing has not reviewed or researched the full content on these linked websites and shall not be held responsible should you encounter any materials that may appear inaccurate, indecent or illegal. If you visit such a website that is linked to this website, please contact us at info@topnotchhearing.com and we will determine if the link should be removed from this website.

Indemnity

You agree to defend, indemnify, and hold Top Notch Hearing, its officers, directors, employees, 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 violation of these Terms of Use.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Top Notch Hearing, or in any way relating to your use of the Website, resides in the courts of the State of North Carolina and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of North Carolina in connection with any such dispute including any claim involving Top Notch Hearing or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. If any provision of these Terms of Use is 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 of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Top Notch Hearing at info@topnotchhearing.com and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

 

STATE SPECIFIC DISCLOSURES

IF YOU LIVE IN ONE OF THE STATES IDENTIFIED IN SECTION 7 OF THE BILL OF SALE, YOU MUST READ AND ACKNOWLEDGE THE TEXT FROM YOUR SPECIFIC STATE BELOW. THE STATE SPECIFIC REQUIREMENTS BELOW, IF DIFFERENT THAN THE BILL OF SALE, WILL CONTROL THE TRANSACTION BETWEEN TOP NOTCH HEARING AND THE CUSTOMER.

ALABAMA:  THE CUSTOMER HAS BEEN ADVISED AT THE OUTSET OF HIS/HER RELATIONSHIP WITH THE HEARING INSTRUMENT APPRENTICE, FITTER, OR DISPENSER THAT ANY EXAMINATION(S) OR REPRESENTATION(S) MADE BY A LICENSED HEARING INSTRUMENT APPRENTICE, FITTER OR DISPENSER IN CONNECTION WITH THE FITTING AND SELLING OF THIS HEARING INSTRUMENT(S) IS NOT AN EXAMINATION, DIAGNOSIS, OR PRESCRIPTION BY A PERSON LICENSED TO PRACTICE MEDICINE IN THIS STATE AND, THEREFORE, MUST NOT BE REGARDED AS MEDICAL OPINION OR ADVICE.

COLORADO:  THE CUSTOMER HAS BEEN ADVISED AT THE OUTSET OF THE CUSTOMER’S RELATIONSHIP WITH THE HEARING AID PROVIDER OR AUDIOLOGIST THAT ANY EXAMINATION OR REPRESENTATION MADE BY A HEARING AID PROVIDER OR AUDIOLOGIST IN CONNECTION WITH THE PRACTICE OF DISPENSING, FITTING, OR DEALING IN HEARING AIDS IS NOT AN EXAMINATION, DIAGNOSIS, OR PRESCRIPTION BY A PERSON LICENSED TO PRACTICE MEDICINE IN THIS STATE AND, THEREFORE, MUST NOT BE REGARDED AS MEDICAL OPINION OR ADVICE.

THE BUYER HAS THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO 12 MIDNIGHT OF THE 30TH CALENDAR DAY AFTER RECEIPT OF THE HEARING AID BY GIVING OR MAILING THE SELLER WRITTEN NOTICE OF CANCELLATION AND BY RETURNING THE HEARING AID, UNLESS THE HEARING AID HAS BEEN SIGNIFICANTLY DAMAGED BEYOND REPAIR WHILE THE HEARING AID WAS IN THE BUYER’S CONTROL.  BY LAW, THE SELLER IS ALLOWED TO RETAIN AN ITEMIZED AMOUNT, NOT TO EXCEED FIVE PERCENT (5%) OF THE TOTAL CHARGE FOR THE HEARING AID, TO COVER THE COSTS OF A MANUFACTURER’S RETURN FEE AND THE MINIMUM COSTS OF MATERIALS USED BY THE REGISTERED HEARING AID PROVIDER, UNLESS THE HEARING AID IS RETURNED BECAUSE IT IS DEFECTIVE.

CONNECTICUT:  THE CUSTOMER HAS THE RIGHT TO CANCEL THIS PURCHASE OR RENTAL FOR ANY REASON AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRTIETH (30TH) CALENDAR DAY AFTER RECEIPT OF THE HEARING AID.  A CANCELLATION FEE OF TWELVE PERCENT (12%) OF THE PURCHASE PRICE MAY BE IMPOSED.

ANY BUYER WHO ORDERS A HEARING AID AND LEAVES A DEPOSIT OF ONE HUNDRED DOLLARS OR MORE WITH THE SELLER SHALL BE ENTITLED TO CANCEL SUCH ORDER AND DEMAND A FULL REFUND OF SUCH DEPOSIT, LESS ANY EXAMINATION COSTS, IF THE BUYER IS UNABLE TO INSPECT THE HEARING AID AT THE SELLER'S PLACE OF BUSINESS WITHIN FORTY-FIVE DAYS AFTER THE DATE THE SELLER RECEIVES THE DEPOSIT.

FLORIDA:  A HEARING AID WILL NOT RESTORE NORMAL HEARING, NOR WILL IT PREVENT FURTHER HEARING LOSS.

GEORGIA:  I READ, UNDERSTAND AND HAVE SIGNED OR INITIALED A COPY OF THE REFUND AND RETURN POLICY.  THE POLICY STATES IF, AND UP UNTIL WHAT DATE, I CAN RETURN THE HEARING AID FOR A FULL REFUND, A PARTIAL REFUND OF WHAT PERCENTAGE, OR A FULL OR PARTIAL CREDIT.  THE POLICY ALSO IDENTIFIES WHAT FEES, IF ANY, FOR SERVICES WILL BE REFUNDED OR CREDITED WHEN THE HEARING AID IS RETURNED FOR REFUND OR CREDIT.

HAWAII:  THE CUSTOMER HAS BEEN ADVISED AT THE OUTSET OF THE CUSTOMER’S RELATIONSHIP WITH THE HEARING AID DEALER AND FITTER THAT ANY EXAMINATION OR REPRESENTATION MADE BY A HEARING AID DEALER AND FITTER IN CONNECTION WITH THE FITTING AND SELLING OF THIS HEARING AID IS NOT AN EXAMINATION, DIAGNOSIS, OR PRESCRIPTION BY A PERSON LICENSED TO PRACTICE MEDICINE IN THIS STATE AND SHALL NOT BE CONSIDERED AS MEDICAL OPINION OR ADVICE.

IOWA:  THE CUSTOMER HAS BEEN ADVISED THAT ANY EXAMINATION OR REPRESENTATION MADE BY A LICENSED HEARING AID DISPENSER IN CONNECTION WITH THE FITTING OR SELECTION AND SELLING OF THIS HEARING AID IS NOT AN EXAMINATION, DIAGNOSIS, OR PRESCRIPTION BY A PERSON LICENSED TO PRACTICE MEDICINE IN THIS STATE AND THEREFORE MUST NOT BE REGARDED AS MEDICAL OPINION OR ADVICE.

KENTUCKY:  ANY COMPLAINTS CONCERNING THE SALE OR SERVICE OF THIS HEARING INSTRUMENT WHICH ARE NOT CORRECTED BY THE SPECIALIST IN HEARING INSTRUMENTS SHOULD BE DIRECTED TO: KENTUCKY LICENSING BOARD FOR SPECIALISTS IN HEARING INSTRUMENTS, COMMONWEALTH OF KENTUCKY, FRANKFORT, KENTUCKY 40601.

THE CUSTOMER HAS BEEN ADVISED AT THE OUTSET OF HIS/HER RELATIONSHIP WITH THE SPECIALIST IN HEARING INSTRUMENTS THAT ANY EXAMINATION(S) OR REPRESENTATION(S) IS NOT AN EXAMINATION, DIAGNOSIS, OR PRESCRIPTION BY A PERSON LICENSED TO PRACTICE MEDICINE IN THIS STATE AND THEREFORE SHALL NOT BE REGARDED AS MEDICAL OPINION OR ADVICE.

THE CUSTOMER HAS THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO MIDNIGHT OF THE 30TH CALENDAR DAY AFTER ACTUAL RECEIPT OF THE HEARING INSTRUMENT(S).  YOU MAY CANCEL THE PURCHASE BY NOTIFYING THE SELLER THAT YOU DO NOT WANT THE HEARING INSTRUMENT(S) BY MAILING A NOTICE BEFORE THE 30TH DAY AFTER RECEIPT OF THE HEARING INSTRUMENT(S) TO THE SELLER AT 820-D STATE FARM RD, BOONE, NC 28607.  UPON CANCELLATION, THE SELLER MAY KEEP UP TO 10% OF THE SELLING PRICE.

MARYLAND:  YOU MAY CANCEL THIS PURCHASE FOR ANY REASON, AT ANY TIME WITHIN 30 DAYS AFTER THE DATE OF DELIVERY OF THE HEARING AID.  TO COVER THE COST OF DISPENSING THE HEARING AID, THE SELLER MAY WITHHOLD FROM THE REFUND 10 PERCENT OF THE PURCHASE PRICE OR THE SELLER’S ACTUAL COSTS UP TO 20 PERCENT OF THE PURCHASE PRICE.

MINNESOTA:  MINNESOTA STATE LAW GIVES THE BUYER THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO MIDNIGHT OF THE 45TH CALENDAR DAY AFTER RECEIPT OF THE HEARING AID(S) THIS CANCELLATION MUST BE IN WRITING AND MUST BE GIVEN OR MAILED TO THE AUDIOLOGIST OR CERTIFIED DISPENSER.  IF THE BUYER DECIDES TO RETURN THE HEARING AID(S) WITHIN THIS 45-CALENDAR-DAY PERIOD, THE BUYER WILL RECEIVE A REFUND OF THE TOTAL PURCHASE PRICE OF THE AID(S) FROM WHICH THE AUDIOLOGIST OR CERTIFIED DISPENSER MAY RETAIN AS A CANCELLATION FEE NO MORE THAN $250.

MONTANA:  IF YOU HAVE ANY QUESTIONS REGARDING YOUR CONSUMER RIGHTS WITH RESPECT TO HEARING AIDS AND RELATED DEVICES, CONTACT THE STATE BOARD OF HEARING AID DISPENSERS.  MONTANA BOARD OFFICE NUMBER: 406-841-2395

NEBRASKA:  THE CUSTOMER HAS BEEN ADVISED AT THE OUTSET OF HIS/HER RELATIONSHIP WITH THE HEARING INSTRUMENT SPECIALIST THAT ANY EXAMINATION OR REPRESENTATION MADE BY A LICENSED HEARING INSTRUMENT SPECIALIST IN CONNECTION WITH THE FITTING AND SELLING OF THIS HEARING INSTRUMENT IS NOT AN EXAMINATION, DIAGNOSIS, OR PRESCRIPTION BY A PERSON LICENSED TO PRACTICE MEDICINE IN THIS STATE AND THEREFORE MUST NOT BE REGARDED AS MEDICAL OPINION OR ADVICE.

NEW HAMPSHIRE:  THIS HEARING AID WILL NOT RESTORE NORMAL HEARING NOR WILL IT PREVENT FURTHER HEARING LOSS

YOU HAVE THE RIGHT TO CANCEL THIS PURCHASE OR RENTAL FOR ANY REASON WITHIN 30 DAYS AFTER RECEIVING THE HEARING AID.

NEW JERSEY:  THE CUSTOMER HAS BEEN ADVISED AT THE OUTSET OF HIS/HER RELATIONSHIP WITH THE HEARING AID DISPENSER THAT ANY EXAMINATION OR REPRESENTATION MADE BY A LICENSED HEARING AID DISPENSER IN CONNECTION WITH THE PRACTICE OF FITTING AND SELLING OF THIS HEARING AID, OR HEARING AIDS, IS NOT AN EXAMINATION, DIAGNOSIS, OR PRESCRIPTION BY A PERSON LICENSED TO PRACTICE MEDICINE IN THIS STATE, OR BY A CERTIFIED AUDIOLOGIST AND THEREFORE MUST NOT BE REGARDED AS MEDICAL OPINION.

NEW YORK:  IN ADDITION TO OTHER RIGHTS, THE BUYER HAS THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO TWELVE MIDNIGHT OF THE 45TH CALENDAR DAY AFTER RECEIPT OF THE HEARING AID AND RETURN THE HEARING AID IN THE SAME CONDITION, ORDINARY WEAR AND TEAR EXCLUDED.  BY LAW, THE SELLER IS ALLOWED TO RETAIN AN AMOUNT UP TO TEN PERCENT (10%) OF THE TOTAL PURCHASE PRICE OF THE CANCELED HEARING AID, INCLUDING BATTERIES AND CORDS OR ACCESSORIES THERETO, INCLUSIVE OF ALL FEES RELATED TO THE HEARING AID.

OHIO:  THE PURCHASER IS ADVISED THAT ANY EXAMINATION, FITTING, RECOMMENDATION, OR REPRESENTATION MADE BY A LICENSED HEARING AID DEALER OR FITTER IN CONNECTION WITH THE SALE OF THIS HEARING AID IS NOT AN EXAMINATION, DIAGNOSIS, OR PRESCRIPTION MADE BY A PERSON LICENSED TO PRACTICE MEDICINE IN THIS STATE AND THEREFORE MUST NOT BE REGARDED AS MEDICAL OPINION OR ADVICE.

RIGHT TO RETURN THE HEARING AID WITHIN 45 BUSINESS DAYS AND RECEIVE A REFUND UNDER OHIO LAW (O.R.C. 1345.30):  A CONSUMER HAS THE RIGHT TO RETURN A HEARING AID FOR ANY REASON WITHIN 45 BUSINESS DAYS AFTER IT IS ORIGINALLY DELIVERED TO THE CONSUMER OR A PERSON ACTING ON THE CONSUMER’S BEHALF AND TO RECEIVE A REFUND OF THE CONSIDERATION PAID FOR THE HEARING AID LESS AN AMOUNT SPECIFIED BY THE HEARING AID DEALER, HEARING AID FITTER, PHYSICIAN, OR AUDIOLOGIST TO COVER EXPENSES INCURRED IN CONNECTION WITH THE HEARING AID NOT LATER THAN 10 DAYS AFTER PRESENTING PROOF OF PAYMENT FOR THE HEARING AID AND RETURNING IT IN THE CONDITION IN WHICH IT WAS RECEIVED, EXCEPT FOR NORMAL WEAR AND TEAR.  IN THIS CASE THE AMOUNT DEDUCTED FROM THE REFUND WILL BE $0.

OKLAHOMA:  OKLAHOMA STATE LAW GIVES THE PURCHASER THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON BY RETURNING THE HEARING AID TO THE HEARING AID PROVIDER AT ANY TIME PRIOR TO MIDNIGHT OF THE FORTY-FIFTH BUSINESS DAY AFTER RECEIPT OF THE HEARING AID.

BY LAW, THE HEARING AID PROVIDER MAY BE ENTITLED TO A CANCELLATION FEE NOT TO EXCEED TEN PERCENT (10%) OF THE TOTAL PURCHASE PRICE FOR THE HEARING AID OR ONE HUNDRED FIFTY DOLLARS ($150.00) PER HEARING AID, WHICHEVER IS LESS, TO COVER THE COSTS INCURRED BY THE HEARING AID PROVIDER.

IF THE CUSTOMER RETURNS THE HEARING AID WITHIN THE FORTY-FIVE DAY PERIOD, THE CUSTOMER WILL RECEIVE A REFUND OF THE FULL PURCHASE PRICE.

IF THE HEARING AID PROVIDER FAILS TO COMPLY WITH THIS PROVISION, COMPLAINTS SHOULD BE FORWARDED TO:    OKLAHOMA STATE DEPARTMENT OF HEALTH, OCCUPATIONAL LICENSING DIVISION, 1000 N.E. 10TH STREET, OKLAHOMA CITY, OKLAHOMA 73105

PENNSYLVANIA:  THE CUSTOMER HAS BEEN ADVISED AT THE OUTSET OF HIS/HER RELATIONSHIP WITH THE HEARING AID DEALER THAT ANY EXAMINATION OR REPRESENTATION MADE BY A REGISTERED HEARING AID DEALER AND FITTER IN CONNECTION WITH THE PRACTICE OF FITTING AND SELLING OF THIS HEARING AID, IS NOT AN EXAMINATION, DIAGNOSIS OR PRESCRIPTION BY A PERSON LICENSED OT PRACTICE MEDICINE IN THIS COMMONWEALTH AND THEREFORE MUST NOT BE REGARDED AS MEDICAL OPINION.

IF YOUR RIGHTS ARE VIOLATED YOU MAY CONTACT THE STATE BUREAU OF CONSUMER PROTECTION, THE PENNSYLVANIA DEPARTMENT OF HEALTH IN HARRISBURG, OR YOUR LOCAL DISTRICT ATTORNEY.

30 DAY MONEY BACK GUARANTEE:  IF A HEARING AID IS RETURNED WITHIN 30 DAYS OF THE DATE OF DELIVERY IN THE SAME CONDITION, ORDINARY WEAR AND TEAR EXCLUDED, YOU ARE ENTITLED TO A REFUND OF THE PORTION OF THE PURCHASE PRICE OF THE HEARING AID AND ACCESSORIES AS ITEMIZED ON THE RECEIPT, LESS THE CANCELLATION FEE STATED HEREIN.  IF A CANCELLATION FEE IS IMPOSED THE NON-REFUNDABLE AMOUNT FOR EACH AID AND ACCESSORIES CANNOT EXCEED 10% OF THE PURCHASE PRICE OF THE HEARING AID AND ACCESSORIES OR $150.00 PER AID AND ACCESSORIES, WHICHEVER IS LESS.  IF YOU CANCEL YOUR ORDER PRIOR TO DELIVERY, YOU ARE ENTITLED TO A FULL REFUND OF THE PURCHASE PRICE OF THE AID AND ACCESSORIES.

RHODE ISLAND:  A HEARING AID WILL NOT RESTORE NORMAL HEARING.  THE CUSTOMER HAS A THIRTY (30) DAY TRIAL PERIOD DURING WHICH TIME SHE/HE MAY RETURN THE INSTRUMENT, IN THE ORIGINAL CONDITION LESS NORMAL WEAR, WITH NO FURTHER FINANCIAL OBLIGATION.  THIS PRODUCT IS PROTECTED BY CHAPTER 945 OF TITLE 6 ENTITLED “ENFORCEMENT OF ASSISTIVE TECHNOLOGY WARRANTIES” WHICH SHALL BE MADE AVAILABLE BY THE DISPENSER, UPON REQUEST.  THE CUSTOMER SHALL HAVE ACCESS TO THE DISPENSER DURING THE TRIAL PERIOD, IN ORDER TO RECEIVE APPROPRIATE FOLLOW-UP MONITORING, (I.E. MODIFICATION, ADJUSTMENT, REPROGRAMMING, OR SHELL REFIT), IN ORDER TO OPTIMIZE COMFORT AND INSTRUMENT BENEFIT).  THE TRIAL PERIOD MAY BE EXTENDED BEYOND THIRTY (30) DAYS IF AGREED TO IN WRITING BY THE DISPENSER AND THE CUSTOMER.

VERMONT:  NOTICE OF THE FORTY-FIVE (45) DAY TRIAL PERIOD.  YOU HAVE 45 DAYS FROM THE DAY THAT YOU RECEIVE YOUR HEARING AID TO TRY IT OUT AND DECIDE WHETHER YOU WISH TO KEEP IT.  THE 45 DAY PERIOD DOES NOT INCLUDE ANY DAYS THAT THE HEARING AID IS IN THE POSSESSION OF THE DISPENSER, MANUFACTURER, REPAIRER OR THEIR AGENTS.  IF, IN YOUR OPINION, DURING THE 45 DAY TRIAL PERIOD YOU FEEL THAT THE HEARING AID IS NOT SATISFACTORY FOR YOU, YOU HAVE A RIGHT TO RETURN THE HEARING AID AND RECEIVE A REFUND OF THE FULL PRODUCT PRICE.  HOWEVER, IF YOU HAVE DAMAGED THE HEARING AID, YOUR REFUND WILL BE REDUCED BY THE REASONABLE COST OF DAMAGE.  IN ORDER TO RETURN THE HEARING AID YOU MUST SEND IT TO TOP NOTCH HEARING, 820-D STATE FARM RD, BOONE, NC 28607.

WEST VIRGINIA:  YOU HAVE THE RIGHT TO RETURN THE HEARING AID TO THE DEALER FORM WHOM IT WAS PURCHASED AT ANY TIME WITHIN FORTY-FIVE (45) BUSINESS DAYS AFTER RECEIPT OF THE HEARING AID AND RESCIND THE PURCHASE AGREEMENT EXCEPT FOR REASONABLE FITTING AND EXAMINATION CHARGES ($125.00 MAXIMUM FITTING CHARGE), IF THE HEARING AID DOES NOT FUNCTION PROPERLY OR CANNOT BE ADJUSTED TO CORRECT THE DEFICIENCY IN YOUR HEARING OR IS OTHERWISE UNSATISFACTORY.  THE HEARING AID SO RETURNED MUST BE WITHOUT DAMAGE.

WISCONSIN:  CUSTOMER HAS BEEN ADVISED BY THE HEARING INSTRUMENT SPECIALIST THAT ANY EXAMINATION OR REPRESENTATION MADE BY THE HEARING INSTRUMENT SPECIALIST IN CONNECTION WITH THE FITTING AND SELLING OF THIS HEARING AID IS NOT AN EXAMINATION, DIAGNOSIS, OR PRESCRIPTION BY A PERSON LICENSED TO PRACTICE MEDICINE IN THIS STATE AND THEREFORE MUST NOT BE REGARDED AS MEDICAL OPINION OR ADVISE.

WYOMING:  CUSTOMER HAS BEEN ADVISED THAT ANY EXAMINATION OR REPRESENTATIONS MADE BY A LICENSED HEARING AID SPECIALIST IN CONNECTION WITH EITHER THE FITTING OR SELLING OF THIS HEARING AID IS NOT AN EXAMINATION, DIAGNOSIS OR PRESCRIPTION BY A PERSON LICENSED TO PRACTICE MEDICINE IN THIS STATE AND SHALL NOT BE REGARDED AS MEDICAL OPINION.