Disclaimer

SOUNDWAVE HEARING, LLC - DISCLAIMER
Last updated: April 26, 2021

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Disclaimer:

  • Company (referred to as either "the Company", "We", "Us," "Our" or “Soundwave” in this Disclaimer) refers to Soundwave Hearing, LLC whose principal business address is 619 Enterprise Drive, Suite 205, Oakbrook, IL 60523
  • otoTuneTM means the Company’s proprietary software products that conduct hearing tests and its software used to control, program, and optimize the Company’s hearing aids by the end user (collectively, the “otoTuneTMApp”), and other such software from time to time accessible from our Website.
  • You refers to the individual accessing the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.
  • Website refers to Soundwave Hearing website accessible from https://hearsoundwave.com/or www.hearsoundwave.com.

 

Disclaimer

The information contained on the Website is for general information purposes only. The Company assumes no responsibility for errors or omissions in the contents of the Website.

In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Website or the contents of the Website. The Company reserves the right to make additions, deletions, or modifications to the contents on the Website at any time without prior notice.

The Company does not warrant that the Website is free of viruses or other harmful components. The Company will not be liable for any loss or damage caused by any technologically harmful material that may infect your smart phone, tablet, computer equipment, computer programs, data, or other proprietary material due to your use of otoTune™ or our Website.

Medical Information Disclaimer

The information about health provided by the website is not intended to diagnose, treat, cure, or prevent disease. Products, websites, information, and other content offered or provided by the Website, including information linking to third-party websites are provided for informational purposes only.

Information offered by the Website is not comprehensive and does not cover all diseases, ailments, physical conditions or their hearing disorders or their treatment.

THE COMPANY IS NOT A HEALTHCARE PROVIDER OR A LICENSED AUDIOLGIST. THE OTOTUNE™ SOFTWARE AND HEARING TESTING AVAILABLE THROUGH THE WEBISTE IS NOT A SUBSTITUTE FOR AN AUDIOGRAM ADMINISTERED BY A LICENSED AUDIOLOGIST. THE OTOTUNE SOFTWARE AND THE COMPANY’S HEARING AIDS HAVE REGISTERED WITH THE FEDERAL FOOD AND DRUG ADMINISTRATION (“FDA”) BUT HAVE NOT BEEN AND IS NOT REQUIRED TO BE CLEARED BY THE FDA AS A CLASS TWO MEDICAL DEVICE. PLEASE ALSO NOTE THAT DATA FROM HEARING TESTS ARE NOT UPLOADED TO OR STORED BY STHE COMPANY’S SYSTEMS, AND ACCORDINGLY, THE HEARING TESTS CONDUCTED WITH OTOTUNE MAY NOT BE PROTECTED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA”). THE COMPANY’S HEARING AIDS ARE NOT INTENDED TO HELP WITH SEVERE HEARING LOSS. IF YOU HAVE A SEVERE OR PROFOUND HEARING PROBLEM, THE COMPANY STRONGLY URGES YOU TO CONSULT WITH A QUALIFIED PHYSICIAN OR HEARING PROFESSIONAL.

Individuals are different and may react differently to different products. Comments made on the Website by employees or other users are strictly their own personal views made in their own personal capacity and are not claims made by the Company nor do they represent the position or view of the Company.

Except as provided in the Company’s Limited Warranty Policy the Company makes no guarantee or warranty with respect to any products or websites sold. To the fullest extent permissible under applicable law, Soundwave disclaims all representations and warranties, express or implied, statutory, or otherwise. These include, but are not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company is not responsible for any damages for information or websites provided even if the Company has been advised of the possibility of damages.

FTC Affiliate Disclaimer

The disclosure that follows is intended to fully comply with the Federal Trade Commission's policy of the United States that requires to be transparent about any and all affiliate relations the Company may have on the Website.

You should assume that some of the links are "affiliate links", a link with a special tracking code.

This means that if You click on an affiliate link and purchase the item, the Company may receive an affiliate commission. This is a legitimate way to monetize and pay for the operation of the Website and the Company gladly reveals its affiliate relationships to You.

The price of the item is the same whether it is an affiliate link or not. Regardless, the Company only recommends products or websites the Company believes will add value to users.

Affiliate advertising programs that the Website uses are:

Amazon Websites LLC Associates Program
As an Amazon Associate, the Company earns from qualifying purchases.
The Company is a participant in the Amazon Websites LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com or endless.com, MYHABIT.com, SmallParts.com, or AmazonWireless.com.
Pages on this Website may include affiliate links to Amazon and its affiliate sites on which the owner of this Website, Soundwave Hearing, LLC, will make a referral commission.

External Links Disclaimer

The Website may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.

Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

Errors and Omissions Disclaimer

The information given by the Website blog, Hear Talk, contains content posted by third parties. The Company is not responsible for content linked by third parties and is provided

for matters of interest to users of our site. It is for general guidance on matters of interest only. Even if the Company takes every precaution to ensure that the content of the Website is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Website.

The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.

Fair Use Disclaimer

The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.

The Company believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.

If You wish to use copyrighted material from the Website for your own purposes that go beyond fair use, you must obtain permission from the copyright owner.

Views Expressed Disclaimer

The Website blog, Hear Talk, contains content posted by third parties. The Company is not responsible for content posted or linked by third parties, it is provided for matters of interest to users of our site. Hear Talk may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer, or company, including the Company.

Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.

No Responsibility Disclaimer

The website may contain links to product and websites offered by third parties, including financing for the Company’s products. The links are for convenience only and the Company is not responsible for these products and websites and should be used at your own risk. All financing is exclusively offered by third parties, and the Company is not responsible for same.

"Use at Your Own Risk" Disclaimer

All information contained on the Website is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose.

The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Website or for any consequential, special, or similar damages, even if advised of the possibility of such damages.

Contact Us

If you have any questions about this Disclaimer, you can contact Us:

  • By visiting this page on our website: https://hearsoundwave.com/disclaimer
  • Email us at support@hearsoundwave.com
  • Customer Support: Monday- Friday 8:30 am – 4:30 pm CST (833)-367-HEAR (4327)