Terms of Service

CAREFULLY READ AND AGREE TO THE TERMS BELOW:

ATTENTION: This is a binding legal agreement between you, the person or entity agreeing to the terms contained in this document (“you”, “your“ or “Customer“), and CJ Rock LLC, Heardloud (“we”, “our”, or “us”), the owner and administrator of the website located at https://crystalsmile.co, and any and all of its sub-pages (collectively, the “Website”) regarding your use of the Website along with related services, features, content, and offers provided on the website.

PLEASE READ THESE TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.

1. INTRODUCTION

A. These Terms of Use (“Terms,” “TOU” or this “Agreement”) govern your use of and access to the information, services, software functionality, and/or materials (“Services and Materials”) published by CJ Rock LLC, Heardloud on or through the Website. CJ Rock LLC, Heardloud is willing to license or allow the use of the Website and the related Services and Materials to you only on the condition that you accept and agree to all of the terms and conditions contained in this Agreement. If you do not agree with the entirety of this Agreement, you are not granted permission to access or use the Website and/or the Services and Materials, and you are hereby instructed to exit the Website immediately.

B. This Agreement will take effect (or shall re-take effect) at the time you click “I AGREE”, submit information through this Website, respond to a request for information, and/or begin installing, accessing, or using the Website, whichever is earliest. It is suggested that you print this Agreement for your personal records.

C. CJ Rock LLC, Heardloud reserves the right, in its sole discretion, to make changes to the Website, and to revise, amend, or modify this Agreement and its other policies and agreements that govern your use of the Website and an individual’s access to this Website at any time and in any manner, or to terminate this Website without prior notice to you. Accordingly, you should periodically check this page for any modifications of these Terms. Your continued access or use of the Website shall be deemed your acceptance of these changes.

D. If you do not agree to be bound by these Terms, you may not enter, access or use the Website, or purchase any products through this Website, and you should exit the Website immediately. By accessing, using or ordering products through the Website, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein. You further agree not to use or access Website if doing so would violate the laws of your state, province or country.

2. ONLINE STORE TERMS

You must not transmit these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

3. ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS.

A. Legal Age Requirement.

You must be at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is older) to purchase items from the Website. By placing an order through the website, you represent that you are at least 18 years old or the age or majority (whichever is older) and that the person to whom the Merchandise will be delivered is also the age of majority. CJ Rock LLC, Heardloud reserves the right to request any buyer to provide written proof of age in any form. At the time of delivery, any shipment containing Merchandise may require further the signature of an adult possessing valid picture identification issued by a government agency providing that he or she is at least 18 years old or the age or majority, whichever is greater.

B. Ordering Merchandise through the Website.

All orders placed through the Website are subject to CJ Rock LLC, Heardloud’s acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your order. Rather, we are only confirming our receipt of your order. CJ Rock LLC, Heardloud may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by CJ Rock LLC, Heardloud, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our Customer Service Department at 855-646-4978 or support@heardlouder.com. Your order will be deemed accepted upon its shipment and your receipt of a shipment confirmation of your order. Processed orders will be shipped according to the terms of our shipping policies, which are summarized herein.

While we want everyone to be able to enjoy our Merchandise, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following:

Orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors of merchandise.

Orders that appear to be shipped to a freight forwarding company for reshipment.

Orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information. Be sure to double-check your information when placing an order. We cannot process orders for several reasons including, but not limited to:

Incorrect credit or debit card information such as a card number, expiration date and card security value;

Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record);

Insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code.

Orders, in our sole discretion, that we suspect to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history.

Orders connected to previous credit card disputes.

C. Merchandise Offers and Modifications.

Our Merchandise is offered in varying packages. We reserve the right to modify the prices charged for the Merchandise, or to add or remove any Merchandise from the Website at any time without prior notice to you. Price quotes provided to you prior to any price modification shall be honored.

Additional notices, terms, and conditions (including, without limitation, payment terms) may apply to the purchase of certain products and/or resources, participation in certain events or programs, and/or to specific portions or features of the Website, all of which are made a part of this TOU by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in any event or program, service, or feature. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Website, including any areas to enable the on-line purchase of items or for any program, event or service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website. CJ Rock LLC, Heardloud’s obligations, if any, with respect to its services, events, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such terms, conditions, notices, and agreements.

D. Shipping Policy.

Your purchase is subject to our shipping terms located at this web address: https://www.heardloud.com/v1/

Delivery will take up to 30 days and delivery delays can occasionally occur Shipping charges for your order will be calculated and displayed at checkout. We are not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are for your account (tariffs, taxes, etc.). We are not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim.

E. Refund and Return Policy.

If at any time you are not satisfied with the Merchandise for any reason, you may call our Customer Service Department toll-free at 855-646-4978 or email us at support@heardlouder.com and request a refund. All requests for refunds will be handled by customer service on a case by case basis, may require a return of unused Merchandise, and may not be available if more than 30 days have passed from the date the customer placed the original order for the Merchandise. When emailing us, please include your full name and address, as well as the name of the Merchandise that you ordered. The following additional terms apply to our refund policy:

1. Customers are restricted to receiving a single refund per Merchandise ordered. Repetitive refunds are not permitted unless the Merchandise, as delivered to you, is defective. CJ Rock LLC, Heardloud eserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in CJ Rock LLC, Heardloud’s sole discretion, requests refunds in bad faith.

2. In order to process your refund, you must supply CJ Rock LLC, Heardloud with your name and delivery address. If you provide us with insufficient or incorrect information, your refund will be delayed.

3. Depending on your bank, your refund can take up to thirty (30) days to appear on your credit or debit card statement. If you have any questions about whether a refund has been issued by CJ Rock LLC, Heardloud, please call our Customer Service Department toll-free at 855-646-4978.

Please note that we are not responsible for any returned Merchandise that gets lost or stolen while in transit to us. We recommend all returned Merchandise be sent using some type of delivery confirmation system to ensure proper delivery. Failure to use the Merchandise does not constitute a basis for refusing to pay any associated charges.

F. Cancellation of Future Orders.

If you wish to cancel future deliveries of Merchandise you must contact Our Customer Service Department at 855-646-4978 Monday-Friday from 8am-5pm PST or at support@heardlouder.com and request that such future shipments be terminated. When emailing us, please include your full name and address, as well as the name of the Merchandise that you ordered. Your request for termination, whether by phone or email, will be processed within 3-5 business days; however, you will be responsible for payment for any Merchandise that has either A) already been shipped to you or B) already been delivered to you at the time of your call.

G. Reversals and Chargebacks.

We consider charge backs and reversals as potential cases of fraudulent use of our services and/or theft of services and as such will be treated. We reserve the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a client if there is fraudulent use and/or theft of services.

H. Billing & Customer Support.

If you have any questions, please contact Our Customer Service Department toll-free at 855-646-4978 or email us at support@heardlouder.com . When emailing us, please include your full name and address, as well as the name of the Product(s) that you ordered. Our Customer Service Department is open Monday-Friday 8am-5pm Pacific Standard Time.

5. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

At our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

6. INTELLECTUAL PROPERTY

The Site contains content owned or licensed by Company (the "Content"). The Content is protected by copyright, trademark, patent, trade secret and other laws and Company owns and retains all rights in the Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.

The Company name and logo are trademarks of Company, and may not be copied, imitated or used, in whole or in part, without prior written permission. In addition, all page headers, custom graphics, and scripts are service marks, trademarks and/or trade dress of Company, and may not be copied, imitated or used, in whole or in part, without prior written permission from Company.

7.PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. For more detail, please review our privacy policy.

8.ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website 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 in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

9.PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

10. THIRD PARTY PRODUCTS, SERVICES AND LINKS.

The CJ Rock LLC, Heardloud Website, in its sole and absolute discretion, may post the third party advertisements and/or provide links to other third party websites that feature materials, programs, events, products, and services provided by third parties. You acknowledge that CJ Rock LLC, Heardloud is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources. CJ Rock LLC, Heardloud makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, events, products, and services or any other materials, programs, events, products, and services which you may access through such third party materials, products, and services. Moreover, links and/or advertisements for third party goods or services do not imply an endorsement with respect to any third party website or the products or services provided by any third party. Your correspondence or any other dealings with third parties found on this Website are solely between you and such third party and subject to the third party websites’ terms of use and privacy policies. CJ Rock LLC, Heardloud expressly disclaims responsibility and liability for all third party provided materials, programs, events, products, and services contained on or accessed through the Website, and you agree that CJ Rock LLC, Heardloud shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with your use of or reliance on any such content, materials, products, and/or services available on such external sites or resources. In the event you decide to access or use any of these other web sites or resources, you agree you do so at your own risk.

13. TERM & TERMINATION.

A. This Agreement will take effect (or shall re-take effect) at the time you click “I AGREE”, submit information through this Website, respond to a request for information, place an order, register, and/or begin installing, accessing, or using the Website, whichever is earliest.

B. This Agreement shall remain in force as long as you access the Website, use any functions or features of the Website, or order anything from the Website.

C. CJ Rock LLC, Heardloud reserves the right at any time and for any reason without notice to deny you access to the Website or to any portion thereof, and to terminate your rights under this Agreement, in its sole and absolute discretion. Your rights under this Agreement will terminate automatically if you fail to comply with this Agreement, subject to the survival rights of certain provisions identified below. Termination will be effective with or without notice. You may also terminate these Terms of Use at any time by ceasing to use the Website, but all applicable provisions of these Terms of Use will survive termination. Upon termination, you must promptly destroy all copies of any aspect of the Website in your possession.

D. The provisions concerning CJ Rock LLC, Heardloud’s permission to use Postings, proprietary and intellectual property rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of this Agreement, and governing law will survive the termination of this Agreement for any reason.

14. LIMITATION OF LIABILITY; NO WARRANTIES.

A. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of or from the Website is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. Allr CJ Rock LLC, Heardloud is not responsible for technical or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions.

In no event shall CJ Rock LLC, Heardloud or its affiliates, subsidiaries, parents, assignees, licenses, and their respective officers, directors, employees, subcontractors (collectively, “Released Parties”), be liable to you, whether in contract, tort, strict liability, warranty or otherwise (collectively, “Claims”), for any direct or indirect, special, incidental, exemplary, consequential or punitive damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity), arising from or related to this Agreement, the products or services, or Customers’ use of the Website or any product. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.

B. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from CJ Rock LLC, Heardloud or through or from any service or product on the Website or affiliate websites shall create any warranty not expressly stated herein. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15. INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless CJ Rock LLC, Heardloud, its related companies and each of their respective officers, directors, shareholders, employees, independent contractors, telecommunication providers, affiliates, third party information providers, licensors, agents, and others involved in the delivery of products, services or information through the Website (collectively, “Indemnified Parties”), from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands directly, indirectly, and/or consequentially resulting or allegedly resulting from your breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorneys’ fees, and litigation expenses the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Website.

16. NOTICE.

Any notice required to be given under this Agreement to you may be provided to you by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that you provided to us, and shall be deemed delivered once sent. Notices by customers to CJ Rock LLC, Heardloud must be sent in writing to the following address: CJ Rock LLC, 2648 E Workman Ave #3001, West Covina, CA, 91791, US

17. FORCE MAJEURE.

CJ Rock LLC, Heardloud shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the CJ Rock LLC, Heardloud’s performance.

18. RETURNS POLICY

A. Your satisfaction is guaranteed. If you are not satisfied with your Heardloud hearing Aid, you have 45 days from delivery date to return it for a full refund. Heardloud Aids requires a minimum trial period of 21 days. This minimum trial period is required because medical studies show that your brain requires about three weeks to adjust to new hearing aids. Return requests prior to 21 days from date of invoice will incur a ten percent (10%) Early Return Fee. All products MUST include a Return Merchandise Authorization (RMA) number for proper processing. Products returned without an RMA number will incur a twenty percent (20%) No-RMA Fee. Please call support at 855-646-4978 or email 

support@heardlouder.com for an RMA number and specific return instructions. We are open : Mon-Fri 9:00am to 5:00pm EST.We are unable to honor return requests after 45 days from the date of shipment.

chart

Non-returnable items:

B. Warranty 

Your Heardloud hearing aid is covered against defects in materials and workmanship for 90 days after product has shipped.  We will repair or replace at our option for free.  All warranties will not be valid if device has been modified or damaged by the user, or if unauthorized repairs have been made.  If you require warranty service, please contact customer service at support@heardlouder.com or call 855-646-4978.  If you purchased extended product protection, please contact customer service for replacement instructions.

C. Refunds (if applicable)

If you are a customer in the European Economic Area (EEA), and you prefer a refund and your request has been approved for being compliant with our Return Policy requirements, you must return such item to us and we must receive it before the expiration of the 14th day from notifying us that you would like to cancel your order. Once approved and provided we receive the returned item before the expiration of said 14th day, we shall reimburse all payments received from you, including the costs of delivery, without undue delay and in any event not later than 14 days of notifying us that you would like to cancel your order, subject to refund processing periods provided in the previous section.

All returns are quality checked – items should be returned in a new and unused condition with labels attached and wherever possible sent back in the original packaging. Refunds will not be given if they do not comply with our returns policy.

We shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than 14 days of notifying us that you would like to cancel your order. The refund will be issued to the same payment method used for the order. For orders made by credit card, the amount to be refunded will be visible on the next bank statement of the card. The time of processing may vary depending on the issuing company of the credit card, this time generally takes up to 20 working days. Refund of orders made by bank transfer will be completed on the original bank account within 48 hours from issuance of credit note and only after receiving the bank details from customers. Refund is made on the same currency of the original order. Possible difference in the refunded amount may depend on variations of the currency exchange rate and will not be refunded.

D. Shipping

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

19. CONTACT INFORMATION.

CJ Rock LLC, Hearloud

2648 E Workman Ave #3001,

West Covina, CA, 91791, US

If you have questions regarding this Website or if you are interested in obtaining more information concerning CJ Rock LLC, Heardloud and its products or services or permission to use any CJ Rock LLC, Heardloud content, please contact at support@heardlouder.com or call 855-646-4978.