TERMS AND CONDITIONS

Updated: April 23, 2021

The following Terms and Conditions (“terms”, “terms and conditions”) govern your use of this website and its services (collectedly, “Services”). PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING INDIVIDUAL ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND NATIONSBENEFITS, LLC AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. By using the Services, you accept these Terms, including this arbitration provision and class action waiver, so please read them carefully.

CONDITIONS OF USE.

You must follow all policies made available to you within the Services. We will provide this Service to you, which is subject to the conditions stated below in this document. Every time you use our Services, you accept the following conditions. We urge you to read them carefully. If you do not agree to the terms and conditions contained herein, you should immediately cease all usage of our Service.

PRIVACY.

Before you continue using our Services, we advise you to read our Privacy Policy regarding the collection of user information. It will help you better understand our practices. Your submission of information through the Services is governed by our Privacy Policy, which, among other things, explains how we seek to protect the privacy of the personal information that you provided to us through our Services. By using our Services, you agree that we can use such data in accordance with our Privacy Policies.

COPYRIGHT.

Content published on this Service (digital downloads, images, texts, graphics, logos) is the property of NationsBenefits and/or its content creators and is protected by domestic and international copyright laws. The entire compilation of the content found through the Services are the exclusive property of NationsBenefits, with copyright authorship for this compilation by NationsBenefits.

ABOUT OUR CONTENT.

The information provided through these Services is for informational purposes or general guidance. You should discuss the information provided with a physician, audiologist, nurse, hearing care professional, or other licensed health care professional.

We specifically disclaim any guarantee or warranty, expressed or implied, with respect to any products or services sold or offered, including any warranty of merchantability or fitness for a particular purpose. No information conveyed to us either orally or in writing shall create such a warranty. Our digital testing platform provides the data necessary to select and program your hearing aids.

DISCLAIMER OF WARRANTIES.

Although we reserve the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, content, materials, services, products, merchandise, functionality or other resources (collectively, "Resources") available on or accessible through the Service (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any service or product information listed or provided on the Service. Further, we do not represent that our Services will operate without interruption or error, nor do we provide any assurances of the availability or usability of the Services.

We do not accept any liability for the consequences arising from the application, use, or misuse of any Resources contained on or made available through our Services, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise.

We further disclaim any responsibility for the accuracy, reliability, currency, availability, or completeness of any Resources found on any third-party sites that link to or from the Services. We also do not accept any responsibility for technical failures or for unauthorized access of user transmissions or materials by third parties. Your access and use of our Services and any other internet sites, including any Resources contained on, or otherwise made available by, them, is solely at your own risk.

We and our suppliers and vendors will attempt to keep the information, services and resources accessible through our Services timely and accurate, but make no guarantees, and disclaim any implied warranty or representation about the Services’ accuracy, relevance, timeliness, completeness, reliability, security or appropriateness for a particular purpose.

WE DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY AND OTHER RESOURCES ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Without limiting the generality of the foregoing, we make no representation or warranty that the quality of any services, goods, information or other materials obtained through the Services will meet your expectations, or that any other security measures for access to the Service that you may use or allow others to use in connection with the Services will prevent unauthorized access to your information on the Services, or that any such information will not be accessed or misused by any other party.

LIMITATION OF LIABILITY.

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS OR VENDORS, OR OUR OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS OR PARTNERS (COLLECTIVELY, "COMPANY PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICE, ANY DEFECTS IN THE SERVICE, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WHEN PERMITTED BY LAW, WE, AND OUR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF US, AND OUR SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, WE AND OUR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Neither us nor our subsidiaries, suppliers, or vendors guarantee the sequence, accuracy, or completeness of any information or content on this or any other internet sites and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby.

THE OPERATION OF THE SERVICES MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND OUR OR OUR SUPPLIERS' OR VENDORS' CONTROL. THE OPERATION OF THE SERVICE, WHETHER BY US, OUR SUPPLIERS OR ITS VENDORS, MAY NOT BE SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. SECURITY MEASURES MAY NOT PREVENT UNAUTHORIZED ACCESS TO INFORMATION OR MATERIALS YOU MAY USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE SERVICES, INCLUDING INFORMATION POSTED OR SUBMITTED THROUGH THE SERVICES.

INDEMNIFICATION.

You hereby agree to indemnify, defend and hold the Company Parties harmless from any liability, loss, claim, and expense (including reasonable attorneys' fees) related to or arising out of your use of these Services, or any materials or information that you submit, post, or transmit through the Services, your use of the Services, your connection to the Services, your violation of these terms and conditions, or your violation of any rights of another.

USE RESTRICTIONS AND OBLIGATIONS.

You agree to use these Services only for lawful purposes. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Services will not be tolerated. You agree that you will not (and will not attempt to): (a) interrupt the operation of the Services in any way; (b) access or use the Services or any component thereof in any manner or for any purpose not expressly authorized herein; (c) distribute, sublicense, lease, rent, loan, or otherwise use or make any component of the Services available for use by third parties, including as part of a service bureau, outsourcing, or external consulting arrangement; (d) allow any other person or entity to use your credentials to access, view, or use any component of the Services or for posting, copying, extracting, downloading, viewing, transmitting, or receiving data of any kind; (e) access any component available through the Services via remote access through interfaces or automated means not approved in writing by us; (f) collect, compile, or otherwise attempt to "screen scrape," "data mine" or "harvest" any component of the Services, including through the creation of any duplicate or derivative data store; (g) deactivate, bypass, or circumvent any access controls or security measures for the Services; (h) post, transmit or otherwise make available through or in connection with the Services any virus or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; (i) gain unauthorized access to the Service or another site user's network, systems, or data; (j) engage in any activity or use any device, software, or routine, or introduce any virus, Trojan horse, spyware, adware, or other malicious code, that interferes with a user's access to the Service or the proper operation of the Service; (k) engage in any activity that disrupts or impairs the performance of the Services; (l) access or use the Service in violation of any applicable laws or regulations, the intellectual property or other rights of any third party, or any contractual or legal duty or obligation including in a manner prohibited herein; (m) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying programming, models, databases, or database structures for the Service; (n) remove or obscure any copyright, trademark, confidentiality, or other notices, terms, or disclosures; (o) access or use the Services or any component thereof in any manner for any other person; (p) access or use the Services in any manner prohibited by law, including to commit Fraud, Waste, or Abuse of Medicare Services; or (q) access or use the Services to purchase products for any other person, including reselling those products to third-parties.

We reserve the right to terminate or suspend your access to and use of the Service, or parts of the Services, without notice, if we believe, in our sole discretion, that it is in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants.

COMMUNICATIONS.

Every time you send us an email, submit information, agree to be contacted, or use our virtual care, or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you submit any information or use any communication tools through our Service, you are going to be contacted by us. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

STORAGE OF PERSONAL INFORMATION IN THE UNITED STATES

All of the information that you provide to us will be stored and processed in the United States. While you may access our Site from a location outside of the United States, you agree not to transfer any of your information to us from outside the United States. The laws in the United States may not offer the same degree of privacy protection as the laws in your jurisdiction.

GOVERNING LAW.

Your use of our Services, all transactions and communications through the Services, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of the State of Florida, without giving effect to any choice of law rules. Accordingly, if you choose to access this Site you agree to do so subject to the laws of the State of Florida.

DISPUTES.

Any dispute related in any way to your visit or use our Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator and you agree to waive the right to trial by a jury. You agree that any arbitration under these terms and conditions will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action.

COMMENTS, REVIEWS, AND EMAILS.

Visitors may post content or communicate as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content must be free of software viruses, political campaign, and commercial solicitation.

You are strictly prohibited from communicating on or through our Services any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant us non-exclusive, royalty-free and irrevocable right to use, reproduce, publish and modify such content throughout the world in any media.

LICENSE AND ACCESS.

Subject to your compliance with these terms and conditions, we grant to you, solely for so long as you are permitted by us to use our Services, a limited, revocable, non-exclusive, non-transferable license to access, use and display these Services solely for your personal, non-commercial use. No title, rights, or interests in any materials from these Services are afforded you as a result of such downloading or use for personal non-commercial, use. You are not allowed to download, copy, or modify it. This may be done only with written consent from us.

USER ACCOUNT.

You may be asked to supply your name, phone number, email address, date of birth, Health Plan, insurance ID, and/or user ID and password, and/or other information to register to use all or part of our Services. We may refuse to grant you access to the Services if we have reasonable grounds to suspect that you are impersonating someone else or fraudulently, untrue, and/or illegally supplying information. If you are an owner of an account, you are solely responsible for maintaining the confidentiality of your private user details. You are responsible for all activities that occur under your account or password.

We reserve all rights to terminate accounts, edit or remove content and cancel orders in our sole discretion.

OTHER TERMS.

If any provision stated herein shall be unlawful, void or unenforceable for any reason, then the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these terms and conditions and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. These terms and conditions shall apply in addition to and shall not be superseded by any other written agreement between us in relation to your participation as a user of the Service. You agree that by accepting these terms, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.

NOTICE TO CALIFORNIA RESIDENTS.

If you are a California resident, under California Code § 1789.3, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the website or Services you may contact us at: 1801 NW 66th Ave, Suite 100, Plantation, FL 33313 Attention: Legal Department. Or email at compliance@nationsbenefits.com. You may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

ABOUT THESE TERMS. UPDATES.

We reserve the right to modify these terms at any time, so please review it frequently. If we decide to change these terms, indicated by a last updated date, then we will post those changes to this page on the Service, and other places we deem appropriate. We will only provide an advance notice if required by law, or of a major change prior to your access of any portion of the Services for which registration required or as required by law.

We recommend that you check the last updated date prior to using these Services. Your continued use of the Services and/or utilization of any of the Services’ benefits after these terms have been updated (and after advance notice for major changes) indicates your agreement and acceptance of the updated version of these terms and conditions.

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of modifications on this page. Changes will not apply retroactively and will become effective immediately. If you do not agree to the modified terms for our Services, then you should discontinue your use of our Services.

These terms control the relationship between us and you. They do not create any third-party beneficiary rights. If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, then that term will not affect any other terms.