Bionic Hearing Aid
Product Protection Plan
Product Protection Plan

Terms of Service Contract

As used in this Contract, "We", "Us", and "Our" means Hearing Assist, LLC, the company obligated under this Contract. "You" and "Your" means the person who purchased this Contract. This Contract is for original purchaser’s use only; it cannot be transferred or reassigned by You. This is NOT an insurance policy, it is a service contract.


Agreement:

You agree to all provisions of this Contract when you order the program and/or pay for it. We may change the terms and/or cost of the program from time to time; such changes will be communicated to You, in writing, at least thirty (30) days prior to the effective date. Your continued use of program and payment of the associated fee after such notice is given constitutes Your acceptance of all changes.


WHAT IS/IS NOT COVERED

UNLESS OTHERWISE ADVERTISED, ONE (1) LEE MAJORS RECHARGEABLE BIONIC HEARING AID KIT, WHICH INCLUDES ONE (1) EAR PIECE WITH RECHARGEABLE BATTERY, ONE (1) CHARGING CASE, ONE (1) AC ADAPTOR, AND UP TO ONE (1) ADDITIONAL EAR PIECE WITH RECHARGEABLE BATTERY (SINGULARLY OR COLLECTIVELY "COVERED DEVICE"), IS COVERED BY THIS CONTRACT. IF ADDITIONAL KIT(S) AND/OR EAR PIECE(S) ARE PURCHASED, A SEPARATE CONTRACT IS REQUIRED. UNDER THE CONTRACT¬, IF A MAJOR COMPONENT OF A COVERED DEVICE STOPS WORKING DUE TO DEFECT, DAMAGE OR NORMAL WEAR AND TEAR, WE WILL REPLACE THE COVERED DEVICE WITH THE SAME OR COMPARABLE MODEL. NORMAL WEAR AND TEAR INCLUDES PROBLEMS THAT HAPPEN OVER TIME, LIKE WAX BUILD UP AND EXCESSIVE BATTERY DRAIN. MAJOR COMPONENTS ARE DEFINED AS THE EAR PIECE, RECHARGEABLE HEARING AID BATTERY, CHARGING CASE, AND AC ADAPTOR. THE CONTRACT DOES NOT COVER EAR CAPS, CLEANING BRUSH, POUCH, AAA BATTERIES, AND/OR ANCILLARY MAINTENANCE TOOLS/PRODUCTS (I.E. CLEANING WIPES, EAR LUBE, ETC). LOSS IS ALSO NOT COVERED UNDER THE CONTRACT. UPON REPLACEMENT, THE REPLACEMENT PART IMMEDIATELY BECOMES THE COVERED DEVICE. YOU HEREBY ASSIGN TO US ALL RIGHTS AND BENEFITS OF ANY MANUFACTURER’S WARRANTY OR OTHER ANCILLARY COVERAGE RELATING TO ANY COVERED DEVICE THAT WE REPLACE. WE SHALL HAVE THE SOLE AUTHORITY TO DETERMINE WHETHER TO REPLACE ANY UNIT, AND AT OUR DISCRETION MAY DENY ANY REPLACEMENT SERVICE IN THE EVENT WE DETERMINE YOU INTENTIONALLY ABUSED THE UNIT. THIS AGREEMENT PROVIDES NO OTHER SERVICES, COVERAGE OR REMEDIES EXCEPT AS SPECIFICALLY PROVIDED HEREIN.


Contract Period

Original purchaser is eligible for enrollment within thirty (30) days of purchase of full kit or additional ear piece or during special enrollment periods advertised by Us. Call 1.800.245.6036 or complete and return order form to add coverage. This Contract is only applicable to products purchased directly from Us or via a distribution channel authorized by Us. You are encouraged to complete and return the registration form and keep a copy, along with your receipt and/or order confirmation, and this Contract for future reference and verification purposes. Your term and coverage commence immediately upon purchase, and continue on a monthly basis, or for another term you may select at time of purchase, until terminated by You or Us. We may elect not to renew the Program upon thirty (30) days written notice to you.


Payment of Fee(s)/Cancellation:

If purchasing via check or money order, billing occurs annually or semi-annually per the option chosen by You. A renewal notice will be mailed to You a minimum of thirty (30) days prior to expiration of Your current term. If payment is not received prior, Contract will expire at the end of the current term without further notice to You. You may cancel this Contract at any time provided that a claim has not been made during the thirty (30) day period prior to cancellation. If You cancel this Contract within the first thirty (30) days, a full refund will be issued. After the first thirty (30) days, Your refund is limited to the pro rata share upon cancellation. All refunds will be issued by check within ten (10) days after Your notice of cancellation is received.

If purchasing via credit card, billing occurs upon enrollment and annually, semi-annually, or monthly thereafter, per the option chosen by You. Fee is charged automatically to the credit card You provide at the advertised rate, at the interval chosen by You, until terminated by You or Us. If the monthly payment option is chosen, billing occurs every thirty (30) days; if semi-annual option chosen, billing occurs every six (6) months; if annual option chosen, billing occurs every twelve (12) months. If semi-annual or annual billing option is chosen, a billing reminder notice will be mailed to You a minimum of thirty (30) days prior to expiration of Your current term. You agree to pay all charges on your credit card account in accord with the terms of your cardholder agreement with the card issuer. It is Your responsibility to report any billing discrepancies to Us within sixty (60) days after such discrepancy appears on credit card or bank statement. After sixty (60) days, You agree that such charges will be deemed accepted for all purposes. You may cancel this Contract at any time provided that a claim has not been made during the thirty (30) day period prior to cancellation. If You cancel this Contract within the first thirty (30) days, a full refund will be issued. If monthly billing option is chosen, no refunds will be issued after the thirty (30) day period has expired. If semi-annual or annual billing option is chosen, after the first thirty (30) days, Your refund is limited to the pro rata share upon cancellation. Any refunds due will be issued via a credit to the same credit card billed within ten (10) days after Your notice of cancellation is received.


This Contract may be cancelled by Us for non-payment of the monthly, semi-annual or annual fee or any other charge provided for in this Contract, effective on the date that payment was due.


Any dispute arising from this Agreement shall be solely decided in binding arbitration, and by accepting this Agreement you expressly agree to such and to waive any right to pursue any claim as a class proceeding.


TO OBTAIN SERVICE

In the event of mechanical failure or damage of a Covered Device, You must first call 1.800.245.6036 for troubleshooting support. If troubleshooting efforts fail, the Agent will provide a return authorization number and the returns address/instructions. All postage, insurance and shipping charges associated with your return to Us is Your responsibility and are not covered under this Contract. We are not responsible for lost, late, or misdirected mail while in transit to Us. You should insure your return package for the actual replacement cost and obtain delivery confirmation. Upon receipt and verification of your return at our facility, We will ship your replacement. Rush shipping & handling of replacement part(s) from our facility to You is available at Your expense.


Obligor: The company obligated under the Contract in all states is Hearing Assist, LLC, whose address is PO Box 2259, Virginia Beach, VA 23450-2259, telephone 1.800.245.6036.


State Variations: The following state variations shall control if inconsistent with any other terms and conditions:


Alabama Residents: You may cancel this Contract within twenty (20) days of purchase of this Contract. If no claim has been made under the Contract, the Contract is void and We shall refund to You the full purchase price of the Contract. Any refund due to you will be credited to any outstanding balance of your account, and the excess, if any, shall be refunded to you. A ten (10) percent penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after you cancel the Contract. If you cancel this Contract after twenty (20) days of purchase of this Contract, we shall refund to you the unearned portion of the full purchase price of the Contract. Any refund due to you will be credited to any outstanding balance of your account, and the excess, if any shall be refunded to you.


Arizona Residents: If your written notice of cancellation is received prior to the expiration date, We shall refund the remaining pro-rata price, regardless of prior services rendered under the Contract. The pre-existing condition exclusion does not apply to conditions occurring prior to the sale of the consumer product by Us, Our assignees, subcontractors and/or representatives.


California Residents: For all products other than home appliances and home electronic products, the Cancellation provision is amended as follows: If the Contract is cancelled: (a) within sixty (60) days of the purchase of this Contract, you shall receive a full refund of the price paid for the Contract provided no service has been performed, or (b) after sixty (60) days, you will receive a pro rata refund, less the cost of any service received.


Connecticut Residents: The expiration date of this Contract shall automatically be extended by the duration that the product is in our custody while being repaired. In the event of a dispute with Us, you may contact The State of Connecticut, Insurance Department, PO Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the product, the cost of repair of the product and a copy of the Contract.


Florida Residents: The Contract shall be cancelled by us for fraud or material misrepresentation, including but not limited to commercial or rental use. Unauthorized repair or replacement of covered equipment shall result in the cancellation of the Contract by us. In the event of cancellation by us, written notice of cancellation shall be mailed to you not less than sixty (60) days before cancellation is effective. This Contract can be cancelled by you at any time for any reason by emailing, mailing or delivering to us notice of cancellation. If the Contract is cancelled: (a) within thirty (30) days of the purchase of the Contract, you shall receive a full refund of the price paid for the Contract provided no service has been performed, or (b) after thirty (30) days, you will receive a refund based on 100% of unearned pro rata premium less any claims that have been paid or less the cost of repairs made by us. If we cancel the Contract, the return premium is based upon 100% of the unearned pro rata premium. If we determine in our sole discretion that your product cannot be repaired or your product provides for replacement instead of repair, we will replace your product with a product of like kind and quality that is of comparable performance or reimburse you for replacement of the product with a check, at our discretion, equal to the original purchase price of the product, as determined by us, not to exceed the original purchase price including all applicable taxes.


Georgia Residents: This Contract shall be non-cancelable by us except for fraud, material misrepresentation, or failure to pay consideration due therefore. The cancellation shall be in writing and shall conform to the requirements of Code 33-24-44. You may cancel at any time upon demand and surrender of the Contract and we shall refund the excess of the consideration paid for the Contract above the customary short rate for the expired term of the Contract. This Contract excludes coverage for incidental and consequential damages and pre-existing conditions only to the extent such damages or conditions are known to you or reasonably should have been known to you.


Illinois Residents: You may cancel this Contract for any reason at any time. If you cancel within thirty (30) days of contract purchase, and we have not paid a claim, you will receive a full refund. If you cancel after thirty (30) days or anytime after we pay a claim, you will receive a pro-rata refund of the Contract price based on the days remaining, less any claims that have been paid.


Nevada Residents: You are entitled to a "Free Look" period for this Contract. If you decide to cancel this Contract within thirty (30) days of purchase, you are entitled to a one hundred percent (100%) refund of any fees paid. If you cancel this Contract after thirty (30) days from purchase, you will receive a pro rata refund based on the days remaining. If we fail to pay the cancellation refund within forty-five (45) days of your written request we will pay you a penalty of ten percent (10%) of the purchase price for each thirty (30) day period or portion thereof that the refund and any accrued penalties remain unpaid. If this Contract is canceled by us, no cancellation may become effective until at least fifteen (15) days after the notice of cancellation is mailed to you. We can cancel this Contract due to unauthorized repairs which result in a material change in the nature or extent of the risk, occurring after the first effective date of the current Contract, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the Contract was issued or last renewed. If we cancel this Contract no cancellation fee will be imposed and no deduction for claims paid will be applied. If your covered failure results in a loss of heating, cooling, or electrical power to your air conditioner or refrigerator/freezer, repairs on your covered product will commence within 24 hours after you report your claim. If these repairs cannot be completed within three (3) calendar days, we will send you a report indicating the status of these repairs.


New Mexico Residents: If this Contract has been in force for a period of seventy (70) days, we may not cancel before the expiration of the Contract term or one (1) year, whichever occurs first, unless: (1) you fail to pay any amount due; (2) you are convicted of a crime which results in an increase in the service required under the Contract; (3) you engage in fraud or material misrepresentation in obtaining this Contract; (4) you commit any act, omission, or violation of any terms of this Contract after the effective date of this Contract which substantially and materially increase the service required under this Contract; or (5) any material change in the nature or extent of the required service or repair occurs after the effective date of this Contract and causes the required service or repair to be substantially and materially increased beyond that contemplated at the time you purchased this Contract.


North Carolina Residents: The purchase of this Contract is not required either to purchase or to obtain financing for a home appliance.


OKLAHOMA ONLY: The "Cancellation" section is deleted and replaced by the following: You may cancel this contract at any time by surrendering it or providing written notice to Us at the address where You purchased this Contract. You may also cancel this Contract by surrendering it or providing written notice to Us at the address listed below. You may cancel this Contract for any reason. In the event You cancel this Contract within thirty (30) days of purchase of the Contract, You shall receive a full refund of any payments made by You under this Contract. In the event You cancel this Contract after thirty (30) days of purchase of this Contract, You shall receive a refund based upon 100% of the unearned pro-rata premium. We may not cancel this Contract except for fraud, material misrepresentation or non-payment by You; or if required to do so by any regulatory authorization. If We cancel this Contract, You shall receive a refund of 100% of the unearned pro-rata premium. We may not cancel this Contract without providing You with written notice at least thirty (30) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. The following sentence is added to this contract: Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association. Oklahoma service warranty statutes do not apply to commercial use references in this Contract.


South Carolina Residents: To prevent any further damage, please refer to the owner's manual. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the Contract to us.


Texas Residents: If you purchased this Contract in Texas, unresolved complaints concerning a provider or questions concerning the registration of a service Contract provider may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number (512) 463-6599 or (800) 803-9202.


Utah Residents: NOTICE. This plan is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Contract is not guaranteed by the Utah Property and Casualty Guarantee Association. This Contract may be canceled due to unauthorized repair which results in a material change in the nature or extent of the risk, occurring after the first effective date of the current policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed. Failure to notify within the prescribed time will not invalidate the claim if you can show that notification was not reasonably possible. If we cancel this contract due to fraud or material misrepresentation, you will be notified thirty (30) days prior to cancellation. If we cancel this Contract due to nonpayment, you will be notified ten (10) days prior to Contract cancellation.


Wisconsin Residents: THIS PLAN IS SUBJECT TO LIMITED REGULATION BY THE WISCONSIN OFFICE OF THE COMMISSIONER OF INSURANCE. This Contract shall not be cancelled nor will we deny your claim due to unauthorized repair of the covered equipment, unless we are prejudiced by your failure to obtain such authorization. If this Contract is canceled, no deduction shall be made from the refund for the cost of any service received. We will not deny Your claim solely because You did not obtain pre-authorization if We are not prejudiced by Your failure to notify Us. If the Contract is cancelled: (a) within thirty (30) days of the purchase of this Contract, you shall receive a full refund of the price paid for the Contract, provided no service has been performed.


Wyoming Residents: This Contract will be considered void and we will refund you the full purchase price of the Contract or credit your account if you have not made a claim under this Contract and you have returned the Contract to us a) within twenty (20) days after the date we have mailed the Contract to you, b) within ten (10) days after you have received the Contract if the Contract was furnished to you at the time the Contract was purchased, or c) within a longer time period if specified in the Contract. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the Contract to us. The right to void the Contract provided in this subsection applies only to the original Contract purchaser and is not transferable. If we cancel this Contract for reasons other than nonpayment, a material misrepresentation made by you to us or because of a substantial breach of duties by you relating to the product or its use, we will mail a written notice to you at least ten (10) days prior to cancellation. The notice of cancellation shall state the effective date of cancellation and the reason for cancellation.


To obtain a large type copy of this Contract, please call 1.800.245.6036

QUESTIONS or TO OBTAIN SERVICE: Call 1.800.245.6036