Terms and Conditions

BLUEMOTH Terms and Conditions of Sale
Welcome to BLUEMOTH LLC (we go by "BLUEMOTH", "we" or "us". We own and
operate the website www.bluemothhearing.com and its associated, affiliated and
successor websites and corresponding social media pages, (we refer to them
collectively as the "Sites".
These Terms and Conditions oversee the use of our Sites, the products and services
that we offer, sell and provide, as well as the information that you may obtain through
our Sites. It also covers any form of contact and communication with us. Your use of our
products and/or services, as well as our supplying of those products and/or services
creates a legally binding agreement between you and BLUEMOTH.
We value adapting to change, and thus we may need to revise these Terms and
Conditions or edit or remove content from the Sites at any time, without prior notice. Any
such revisions are effective upon posting. Your use of the Sites, and of BLUEMOTH’s
products and services, are your consent to these Terms and Conditions, as well as any
and all revisions prior to your use.

I. PERMITTED USE OF THE BLUEMOTH SITES
By using our Sites, you certify that (a) you are at least eighteen (18) years old
and (b) you are a resident of one of the states in our “Service Area”. Please review the
information in the link below corresponding to your state of residence for additional
provisions applicable to the use of our Sites, and any information received through the
Sites as well as the purchase and use of our products and services by residents of that
state: bluemothhearing.com/services-areas.
A. BLUEMOTH grants you a (limited, non-exclusive, non-transferable, non-
sublicensable) right to access and use our Sites for the purpose of looking into and
ordering BLUEMOTH’s products and services, communicating with BLUEMOTH’s Sales
and Customer Support Teams, and otherwise accessing and using, information and
services made available by BLUEMOTH through the Sites. The Sites are provided for
your personal use only under the Terms of Use (sometimes called our “Sites Policy”),
for seeking assistance with better hearing. Any other use of the Sites requires the prior
written consent of BLUEMOTH.
B. Please review our Privacy Policy at
https://www.bluemothhearing.com/bluemoth-privacy, which explains our online
information practices, including how we collect, use and protect your data and
information. Your use of our Sites constitutes your acknowledgement and agreement to
these policies and the Sites Policy.

C. We often link to other websites that have information we believe you’d find
interesting and beneficial. Although we like their content enough to share it with you, we
do not endorse these sites and are not responsible for any of the practices or content
contained on them or any information that may be collected from you by visiting their
sites. Please be aware of and read the terms and conditions and privacy statements of
every website that you visit.

D. Should you not want to receive future email communications from
BLUEMOTH, please send an email to support@BLUEMOTHhearing.com. You will be
provided the opportunity to opt out of marketing communications at the end of any
marketing emails, and can opt out of SMS text messaging by replying "STOP" at any
time. We never want to be a bother, however BLUEMOTH may need to continue
sending you emails about your orders, recalls, and other commercial issues, even if you
have opted out of marketing communications.

E. To us, protecting and supporting you means taking your data seriously.
For any audiologic report (hearing test) you provide to BLUEMOTH, you represent that
such document(s) were provided to you by a licensed hearing healthcare professional at
a qualified test organization or clinic, within the last 6 months.

F. Although we never desire for this to happen, BLUEMOTH reserves the
right to refuse service or the sale of products, or to discontinue or cancel any
transaction or order or service, at its sole discretion and at any time, with or without
notice to you or any other person. If BLUEMOTH needs to refuse or discontinue service
to you after you have purchased its products or services, BLUEMOTH’s return policies
described below may apply. However, if you are not entitled to a refund under those
return policies, you may, in your discretion, keep your product, but you will no longer be
eligible for services BLUEMOTH has refused or discontinued.

II. OBTAINING A BLUEMOTH HEARING AID
To order a BLUEMOTH Prescription Hearing Aid, you are required to (1) provide to us
an audiologic report (hearing test) provided by an audiologist, a hearing specialist, or
another person or entity licensed or qualified to produce such reports or (2) complete
the BLUEMOTH at-home hearing test. BLUEMOTH and its personnel will rely on the
audiologic report provided by you or the results of the BLUEMOTH at-home hearing
test. BLUEMOTH and their employees do not conduct independent medical
evaluations. Any communication you have with BLUEMOTH or any of its personnel is
solely for purposes of fitting your hearing aid or for informational purposes only in
connection with the use, repair or replacement of the hearing aid. If BLUEMOTH or any
of its personnel determines, in their absolute discretion, that based on the audiologic
report or prescription, or any other information provided that a BLUEMOTH product
would not be appropriate, BLUEMOTH reserves the right to deny the sale of a
BLUEMOTH Hearing Aid.
BLUEMOTH may offer you the option of taking an at-home hearing test using a device
and software provided by BLUEMOTH. You understand and agree that the at-home
hearing test is not an examination, diagnosis, or prescription by a person licensed to
practice medicine and is not, therefore, a substitute for a professional hearing
evaluation by a licensed hearing healthcare provider. You also understand and agree
that the results of the test are not intended to diagnose, treat, or prevent any hearing
condition or disease and must not be regarded as medical opinion or advice. You
acknowledge that the at-home hearing test device and software are provided for your
convenience and personal use only and that you are solely responsible for following the
instructions and precautions provided with the device and software. You agree that
BLUEMOTH is not liable for any injury, damage, or loss that may result from your use or
misuse of the at-home hearing test device or software, or from any errors or
inaccuracies in the test results. To receive an at-home hearing test, you will be required
to pay a one-way shipping fee of $15. You agree that the at-home hearing test device
will be returned to BLUEMOTH within five (5) days of receipt (as evidenced by the date
of postmark) and in the same condition as you received it. If you fail to return the at-
home hearing test device within thirty (30) days of the date of receipt, you will be
charged $1500, which is the cost to BLUEMOTH to replace the at-home hearing test
device.
Our Sites allow you to submit orders for products and services (“Order(s)”) and you may
be asked to supply certain information relevant to your Order including, without
limitation, your credit card or debit card number and expiration date, your billing address
and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE
THE RIGHT TO USE ANY CREDIT CARD(S) OR DEBIT CARD(S) OR CHECKING
ACCOUNTS OR OTHER PAYMENT METHOD(S) USED BY YOU IN CONNECTION
WITH ANY TRANSACTION, AND THAT ALL INFORMATION PROVIDED IN ANY
FINANCING APPLICATION IS TRUTHFUL AND CORRECT. By submitting such
information, you grant BLUEMOTH the right to provide such information to third parties
for the purposes of facilitating the completion of Orders initiated by you or on your
behalf. We may require verification of information prior to the acknowledgment or
completion of any Order. It is your responsibility to ascertain and comply with all
applicable laws with regard to the receipt, possession, use, and sale of any item
purchased from the Sites. BLUEMOTH reserves the right, at its sole discretion, to
refuse or cancel any Order for any reason. An Order may not be fulfilled if you are a
resident located outside the BLUEMOTH Service Area as stated above. Excluded
territories may change at any time at BLUEMOTH’s discretion.
You agree to pay all charges that may be incurred by you or on your behalf in
connection with all Orders placed through the Sites, at the price(s) in effect when such
charges are incurred including, without limitation, all shipping and handling charges. In
addition, you are responsible for any applicable taxes in connection with your Order. If
you choose to seek reimbursement from insurance, you are financially responsible to
BLUEMOTH for the total cost of your purchase(s). While BLUEMOTH may provide to
you documentation required by your insurer, it will not participate in the claim for
insurance. Purchases by you are self-pay.
The Order process begins with you submitting your order and either uploading on the
Sites your audiologic report or prescription or completing BLUEMOTH’S at-home
hearing test. As part of the order, you will be required to confirm your certification of
being at least eighteen years old and your state of residence. You will also be required
to acknowledge that as an alternative to the use of a BLUEMOTH hearing device, you
may at any time seek a medical evaluation by a licensed physician (preferably one who
specializes in diseases of the ear). We can only act on your order if you have either
uploaded the audiologic report or prescription connected with your order or completed
BLUEMOTH’S at-home hearing test. Your order will be otherwise canceled.
Instructions for uploading the report or prescription are on our Sites and may also be
obtained by contacting us by phone, text or email. If you have questions about this
process, we’re here to help.
Unless we determine that a BLUEMOTH product would not be appropriate, you may
order the products directly from us based on the product prices, descriptions, delivery
options, and terms and conditions then contained on our Sites or you may elect to
purchase our "BLUEMOTH Experience Box." The "BLUEMOTH Experience Box" will
be shipped to your home after our receipt of your $250 nonrefundable charge for the
cost of the “BLUEMOTH Experience Box” plus a $1250 hold and will consist of three
sets of hearing devices which will be programmed based on the audiologic report or
prescription that you have uploaded on our Site. You will have seven (7) business days
from the date of delivery to trial the three sets of devices. After this period, you must
return the demo devices to us in the return labeled envelope provided in your
Experience Box, already prepared with a prepaid shipping label for mailing to us. If we
do not receive the test devices within 21 days of their delivery to you, the $1250 hold
will be released and you will be charged $1250 for the cost of the devices. There are no
fine tuning follow-up services provided for the test/demo devices. Our customer service
and Audiology teams are available during your Experience Box process in order to
answer any questions you may have and to assist you in ordering the best devices for
you. We will arrange for shipment of devices and the associated accessories to you.
Please check the individual product page for specific delivery options.
We describe our merchandise and include pictures and photographs on our Sites, but
sometimes the product varies slightly from the picture or description due to changes
made by our manufacturers, and we are not liable for these nonmaterial changes. All
descriptions, images, references, content, specifications, products, and prices of
products described or depicted on the Sites are subject to change at any time without
notice. The inclusion of any products on the Sites at a particular time does not
guarantee that such products will be available at the time of your Order. Products and
their prices are dependent on their supply from our manufacturer, based on third party
purchases on an independent commercial basis.
In addition, the Sites may include inaccuracies or errors including pricing errors.
BLUEMOTH reserves the right to correct any pricing errors on the Sites and/or pending
Orders made under an incorrect price. In such an event, if available, BLUEMOTH will
offer you the opportunity to keep your pending Order at the correct price or BLUEMOTH
will cancel your Order without penalty. You will pay all shipping and handling charges, as well as any applicable state taxes
specified during the ordering process. Title and risk of loss pass to you upon our
transfer of the products to the carrier. Shipping and delivery dates are estimates only
and cannot be guaranteed. We are not liable for any delays in shipments. You are
solely responsible for your payment information and any other content you submit on or
through the Sites in connection with your Order (collectively, the “Payment
Information”). We have the right, but not the obligation, to decline all or any portion of
any Payment Information for any reason or no reason.

III. DISCLAIMERS AND LIMITATIONS
NO MEDICAL ADVICE AND DISCLAIMER OF WARRANTY ON SITES
The information that you may obtain from the Sites is being provided solely for
informational purposes. The Sites and their content and any communications with
BLUEMOTH personnel are not guaranteed to be 100% accurate or error free. THE
INFORMATION PROVIDED ON THE SITES OR RECEIVED IN COMMUNICATIONS
WITH BLUEMOTH PERSONNEL ARE PROVIDED “AS IS” WITHOUT ANY
WARRANTY OR GUARANTY AND ARE NOT MEANT TO BE, AND ARE NOT,
MEDICAL ADVICE OR A SUBSTITUTE FOR THE ADVICE OF A HEALTHCARE
PROFESSIONAL. YOU ACKNOWLEDGE THAT HEARING LOSS COULD BE AN
INDICATOR OF SOMETHING MORE SERIOUS, INCLUDING LIFE-THREATENING,
CONDITION OR ILLNESS, AND THAT YOU SHOULD SEEK CARE FROM A HEALTH
CARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT
YOUR HEARING LOSS OR HEALTH.
DISCLAIMER OF PRODUCT OR SERVICES WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED BELOW IN THESE TERMS AND CONDITIONS
(SEE WARRANTY PROGRAM, BELOW), ALL PRODUCTS, SERVICES AND
INFORMATION FROM BLUEMOTH ARE PROVIDED TO YOU ON AN "AS IS" BASIS
WITHOUT ANY WARRANTY OR GUARANTY OF ANY KIND, EXPRESS OR IMPLIED.
BLUEMOTH EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. If any applicable law does not
allow or limits the exclusion of certain warranties, the disclaimers and limitations above
will apply to you only to the extent applicable law permits.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, BLUEMOTH AND ITS
AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS,
EMPLOYEES, AGENTS, MEMBERS, OFFICERS, DIRECTORS, AND OTHER
REPRESENTATIVES, (ALL OF THE FOREGOING BEING COLLECTIVELY,
“BLUEMOTH PARTIES”), DISCLAIM AND WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE,
PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS
OR OTHER ECONOMIC ADVANTAGE) (“DAMAGES”) ARISING OUT OF OR IN
CONNECTION WITH THE SITES, OR THE CONTENT OF THE SITES, OR YOUR
PURCHASE OR USE OFANY PRODUCTS, SERVICES OR INFORMATION FROM
BLUEMOTH, INCLUDING WITHOUT LIMITATION ANY DEFECT OR FAILURE IN THE
PERFORMANCE OF THE SITES OR ANY SUCH PRODUCTS OR SERVICES, EVEN
IF BLUEMOTH HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD
HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY
ARISE, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE
USE OF OR THE INABILITY TO USE THE SITES, ANY WEBSITE, SOCIAL MEDIA
CHANNELS, OR APPLICATIONS LINKED TO THE SITES, ANY CONTENT ON THE
SITES, OR SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR
APPLICATIONS LINKED TO SUCH CONTENT, OR ANY PRODUCT OR SERVICES
OR ITEMS OBTAINED THROUGH THE SITES, OR THROUGH SUCH OTHER
WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO THE
SITES ; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES
PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO, THROUGH, OR FROM THE SITES; (c) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SITES, INCLUDING WITHOUT
LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS
OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT
TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD,
USE, MODIFY OR DISTRIBUTE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE BLUEMOTH PARTIES’ AGGREGATE LIABILITY FOR ANY
DAMAGES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE
LIMITED TO AN AMOUNT NEVER TO EXCEED THE GREATER OF (i) FIVE
HUNDRED DOLLARS ($500); OR (ii) THE AMOUNTS ACTUALLY PAID BY YOU TO
BLUEMOTH FOR ANY SUCH PRODUCTS OR SERVICES.

INDEMNIFICATION: You agree to indemnify, defend and hold harmless BLUEMOTH,
and the other BLUEMOTH Parties from and against any and all claims, demands,
liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related
to, (i) any breach by you of any of these Terms and Conditions of Sale or of the Terms
of Use for the Sites (ii) any use of the Sites or products other than as expressly
authorized in the Terms of Use or these Terms and Conditions of Sale or in any
instructions supplied with the products; or (iii) your failure to comply with applicable law.
IV. INITIAL PERIOD RETURN POLICY (WITHOUT WARRANTY CLAIM)
Within 45 days from the date the item was delivered to your designated address,
a hearing aid or accessory may be returned to BLUEMOTH for a full refund of the
purchase price. The returned items (to include all batteries, cords, accessories and
other items) must be in the same condition as you originally received them, ordinary
wear and tear excepted. To be entitled to a refund, you will need to initiate the return
with BLUEMOTH support no later than midnight EST on the 45 th day following your
original receipt of the returned item(s), and all returned items need to be received by
BLUEMOTH within 14 days after the end of that 45th day. If you are returning the item in exchange for a different item, BLUEMOTH will retain any amount already paid for the
returned item as payment toward the new item. To the extent the new item costs less
than the original, returned item, BLUEMOTH will reimburse you the difference. To the
extent the new item costs more than the original, returned item, you must pay the
difference prior to shipping. You are entitled to one (1) exchange per sales cycle (i.e.
per original item purchased).

V. WARRANTY PROGRAM AND RETURN POLICY. BLUEMOTH also warrants
the hearing aid and accessories as follows:
A. Standard Warranty Period and Covered Services: BLUEMOTH
provides three (3) years of repair warranty and three (3) years of hearing aid loss and
damage coverage for all BLUEMOTH hearing aid purchases and one (1) year of repair
warranty (only) for any charging case and other accessories provided by the
manufacturer for the specific hearing aid at the time of sale. This limited warranty
covers defects in material and workmanship for the hearing devices, charger, and any
such accessories within the limited warranty period and is guaranteed by BLUEMOTH,
Inc. It is the intent of the repair that BLUEMOTH will secure functionality at least
equivalent to the original hearing device. At the discretion of BLUEMOTH, hearing
devices may be replaced by new products or products manufactured from new or
serviceable used parts or may be repaired using new or refurbished replacement parts.
Unlimited repairs during the warranty period for repairs covered by the warranty terms is
BLUEMOTH’s only responsibility and liability. If it falls under what’s described here, we
have you covered.

B. Product warranties commence on the date of purchase. BLUEMOTH will
make every effort to perform any required repair or replacement of a BLUEMOTH
hearing aid product in a timely manner. To assist us, please send the returned product
in its original packaging with a completed BLUEMOTH Repair Service Form (if required
for that returned product). Any repair or replaced product keeps the original warranty
commencement date (i.e. the original date of purchase), and the warranty period is not
extended.

C. Any hearing aid or covered accessory that is stolen, lost or
catastrophically damaged can be replaced under BLUEMOTH’s loss and damage policy
while the product is under that policy’s coverage. For hearing aids, the replacement
must be for the same customer and the same ear, and it must include the same options
package as the original hearing aid. The following deductibles apply and will be the
responsibility of the user:

● BLUEMOTH hearing aid per-unit deductible: $500
● BLUEMOTH charging case (rechargeable models only): $200

A hearing aid may be replaced (and not returned for credit) only once under that loss
and damage program. Contact BLUEMOTH support to file a claim under that program.
Ownership of the lost or damaged unit will revert to BLUEMOTH, and the
commencement date for any product warranty and the warranty period for the replaced
product remains the same that was applicable to the product being replaced. You will
need to pay the applicable deductible and return the defective or damaged device
before being sent a replacement. You must ensure that the correct device is returned to
BLUEMOTH. BLUEMOTH, at its discretion, may provide you with a loaner device during
the period of repair. If you do not return such loaner device within five (5) days of your
receipt of the repaired device, you authorize BLUEMOTH to charge you for the full value
of the loaner device which you hereby agree to pay within thirty (30) days of receipt of
invoice.

D. Beyond the warranty period, BLUEMOTH will accept for repair and other
necessary services at your cost any BLUEMOTH hearing aid or originally included
accessory for a period of five (5) years from the date of the hearing aid purchase.
BLUEMOTH shall deliver an itemized bill showing the repair and service provided and
the charge therefor. No work will be performed unless you the customer shall have been
first advised of the work to be performed and the charge therefor, and shall have
approved and provided advance payment for the same. Shipping charges for out-of-
warranty repairs to and from BLUEMOTH are the customer’s responsibility.
E. Products and services purchased from the Sites are personal to the
individual purchaser (as they may have been personally programmed for that
purchaser). Those products and related services may not be resold, leased, transferred
or otherwise distributed under any conditions or circumstances. Any transfer to, or the
use by any other person of such products or services will render the warranty and other
policies null and void. BLUEMOTH will not be required to provide support or any other
services to such other person.

VI. CUSTOMER SUPPORT:

A. If you have any questions or concerns regarding the Sites or
BLUEMOTH's products or services which are not answered by visiting the Sites, please
contact BLUEMOTH support at support@BLUEMOTHhearing.com or (855) 854-6684.
Customer support is limited to responding to inquiries sent through BLUEMOTH's
standard support communication channels stated on the Sites. Such support is subject
to the availability of the appropriate BLUEMOTH personnel. BLUEMOTH does not
commit or guarantee the response or resolution times to address problems. Support
provided by BLUEMOTH's hearing instrument specialists is only available to customers
located within BLUEMOTH's Service Area. You understand and agree that any
customer service and support offered and provided by BLUEMOTH is not for medical or
health matters or emergencies. Support will not be provided to customers or others who
are abusive, as determined in BLUEMOTH's discretion.

B. PLEASE DO NOT CONTACT CUSTOMER SERVICE OR SUPPORT
OFFERED BY BLUEMOTH WITH ANY LIFE, HEALTH OR MEDICAL EMERGENCY,
OR ANY OTHER EMERGENCY. IF YOU HAVE ANY SUCH EMERGENCY, YOU
SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR
ANY OTHER AVAILABLE AND APPROPRIATE EMERGENCY RESPONSE
SERVICE.

C. Permission for Hearing Instrument Support Services. You give permission
for our team of hearing healthcare providers to assist you with your hearing device.
Those support services are included in the price of the hearing instrument and include
those services reasonably required for any adjustments to the hearing device or to
answer questions on its maintenance, care and use. You may withdraw this consent at
any time by written notification to support@bluemothhearing.com, in which case you will no longer be able to receive hearing instrument support services from BLUEMOTH.

D. You understand and agree that as part of providing hearing care services
to you, your health information, including audiogram and prescription submissions, may
be displayed to you in an online personal health record and communicated to you by
BLUEMOTH's Audiology, Customer and Hearing Instrument Support teams
electronically.

E. Qualifications and credentials of BLUEMOTH’s licensed staff are
displayed on its website from time to time.

VII. GENERAL PROVISIONS

A. Severability: If any provision of the Terms and Conditions is held invalid,
illegal or unenforceable for any reason by any law or regulation of any government, or
by any court or arbitrator, such provision shall be replaced with a new provision that
accomplishes the original business purpose, or eliminates or limits the invalidity,
illegality or unenforceability to the minimum extent necessary, and the other provisions
of the Terms and Conditions will remain in full force and effect.

B. Waiver; Remedies: The failure of BLUEMOTH to partially or fully exercise
any rights or the waiver of BLUEMOTH of any breach of these Terms and Conditions
shall not prevent a subsequent exercise of such right by BLUEMOTH or be deemed a
waiver by BLUEMOTH of any subsequent breach by you of the same or any other term
of these Terms and Conditions. The rights and remedies of BLUEMOTH under these
Terms and Conditions and any other applicable agreement between you and
BLUEMOTH shall be cumulative, and the exercise of any such right or remedy shall not
limit BLUEMOTH’s right to exercise any other right or remedy.
C. Survival: The provisions “No Medical Advice and Disclaimer of Warranty
on Sites”, “Disclaimer of Products or Service Warranties”, “Limitation of Liability”,
“Choice of Law and Forum Selection”, “Indemnification”, all sections covering
BLUEMOTH’s “proprietary rights” and rights and obligations under those Terms and
Conditions which by their nature should survive will survive the termination of these
Terms and Conditions.

D. International Access: Our Sites are provided from the United States of
America and all servers that make it available reside in the U.S.A. The laws of other
countries may differ regarding the access and use of the Sites. We make no
representations regarding the legality of the Sites in any other country and it is your
responsibility to ensure that your use complies with all applicable laws outside of the
U.S.A.

E. Force Majeure: We will not be liable or responsible to you, nor be deemed
to have breached any obligation under these Terms and Conditions, for any failure or
delay in our performance to the extent such failure or delay is caused by or results from
acts or circumstances beyond our reasonable control, including, without limitation, acts
of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or
hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil
unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other
labor disputes (whether or not relating to our workforce), or restraints or delays affecting
carriers or inability or delay in obtaining supplies of adequate or suitable materials,
materials or telecommunication breakdown or power outage.
21. Errors, Inaccuracies, and Omissions on Sites. Occasionally there may be
information on our Sites that contains typographical errors, inaccuracies, or omissions
that may relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times, and availability. BLUEMOTH reserves the right to correct any
errors, inaccuracies, or omissions, and to change or update information or cancel orders
if any information on the Sites or on any related Sites is inaccurate at any time without
prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information on the Sites
or on any related Sites, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied on the Sites or on any
related Sites should be taken to indicate that all information on the Sites or on any
related Sites has been modified or updated.
22. Entire Agreement. These terms and Conditions of Sale and any
documents expressly incorporated herein (including, without limitation, the Terms of
Use and the Privacy Policy) constitute the entire agreement between you and
BLUEMOTH relating to their subject matter, and cancel and supersede any prior
versions of the Terms and Conditions and any other prior or contemporaneous
understandings, agreements, representations and warranties, both written and oral, with
respect to the Sites or BLUEMOTH’s products or services. No modification to the Terms
and Conditions will be binding on BLUEMOTH, unless in writing and signed by an
authorized BLUEMOTH representative or posted by BLUEMOTH to the Sites. You may
not assign, sublicense, delegate, or otherwise transfer the Terms and Conditions or any
right granted hereunder.
24. No Waiver. No waiver by BLUEMOTH or failure to exercise promptly any
right of BLUEMOTH under the Terms and Conditions will create or be deemed to create
a further or continuing waiver or any expectation of non-enforcement.
25. Contact Information. You may send your general questions regarding the
Sites products or services to the contact listed below:
BLUEMOTH
12819 SE 38 th Street
#11
Bellevue, WA 98006
Attn: Support
Email: support@bluemothhearing.com
26. Choice of Law and Forum Selection. These Terms and Conditions and all
matters relating hereto or to the Sites shall for all purposes be governed, interpreted,
construed, and enforced solely and exclusively in accordance with the laws of the State
of Washington, United States, without regard to conflicts of law provisions thereof. Any
disputes or controversies shall be decided by a state or federal court serving King
County, Washington, United States. You expressly consent to the exercise of personal
jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in
such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or
otherwise.
27. Equitable Relief. You agree that any material breach of these Terms and
Conditions will result in irreparable harm to BLUEMOTH for which Damages would be
an inadequate remedy and, therefore, in addition to its rights and remedies otherwise
available at law, BLUEMOTH will be entitled to equitable relief, including both a
preliminary and permanent injunction, if such a breach occurs. You waive any
requirement for the posting of a bond or other security if BLUEMOTH seeks such an
injunction.

QUESTIONS: Should you have any questions regarding these Terms and Conditions
you may contact us at support@BLUEMOTHhearing.com