We save you TIME and MONEY! Modern hearing technology and tele-support at more than a 25% discount compared to traditional methods.
We save you TIME and MONEY! Modern hearing technology and tele-support at more than a 25% discount compared to traditional methods.
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.
By using our Sites, you certify that (a) you are at least eighteen (18) years old (b) you are a resident of one of the following 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-area.
To order a BLUEMOTH Prescription Hearing Aid, you are required to 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. BLUEMOTH and its personnel will rely on the audiologic report provided by you. BLUEMOTH and their employees do not conduct independent medical evaluations or hearing tests for BLUEMOTH. 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.
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 have the right to cancel any Order within five (5) days of the date of submission of the Order to BLUEMOTH by confirmed email to BLUEMOTH at email@example.com, after which period, 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 our order form and uploading on the Sites your audiologic report or prescription. As part of the order form, 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 uploaded the audiologic report or prescription connected with your order. 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 $1000 deposit 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) days from the delivery of the Experience Box to your provided shipping address 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, you will be charged for the demo devices at $250 per set, plus the cost of the Experience Box ($250), totalling the $1000 deposit.
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.
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.
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.
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.
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 45th 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.
BLUEMOTH also warrants the hearing aid and accessories as follows:
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.
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.
4564 Somerset Blvd SE
Bellevue WASHINGTON 98006
QUESTIONS: Should you have any questions regarding these Terms and Conditions you may contact us at support@BLUEMOTHhearing.com