Welcome to the website and service located at https://eargo.com (the “Service”). This Service is maintained and operated by Eargo Hearing, Inc. (“Eargo” and referred to as "us", "we", or "our" as the context may require).
YOUR ACCESS AND USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS OF SERVICE (THE "TERMS OF SERVICE") AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF SERVICE SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SERVICE OR ORDER ANY PRODUCTS FROM THE SERVICE.
These Terms of Service are subject to change by Eargo without prior written notice at any time, in our sole discretion. The latest version of these Terms of Service will be posted on this Service, and you should review these Terms of Service prior to using the Service or purchasing any product or service that is available through the Service. Your continued use of this Service after a posted change in these Terms of Service will constitute your acceptance of and agreement to such changes.
MEDICAL DISCLAIMER
This Service is not designed to provide professional diagnosis or treatment services to you or any other individual. Through this Service and links to other web sites, Eargo provides general healthcare information for educational and informative purposes only and is not a healthcare provider. The information provided on this Service (including under the “Do I Need A Hearing Device” section and in any doctor testimonials), or through links to other web sites, or by employees, agents or representatives of Eargo on or off this Service, by chat, email, telephone, in person or through any other form of communication, is not a substitute for medical or professional care, and you should not use the information in place of a visit, call, consultation or the advice of your physician or other healthcare provider. More specifically, the Success Screening given during checkout is not a medical diagnosis of your hearing ability. Eargo is not liable or responsible for any advice, course of treatment, diagnosis or any other information or product you obtain through this Service. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 911 OR YOUR PHYSICIAN. Never rely on information on this Service in place of seeking professional medical advice. Never disregard professional medical advice or delay in seeking it because of something you have read on this Service. You should also ask your physician or other healthcare provider to assist you in interpreting any information on this Service or on any linked web sites, or in applying the information to your individual case. Medical information changes constantly. Therefore the information on this Service or on any linked web sites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Eargo does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service. Reliance on any information provided on this Service is solely at your own risk.
ORDERS/PAYMENT TERMS
The Service provides you with the ability 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 to Eargo the right to provide such information to third parties for 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 this Service. Eargo 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 located outside the Service’s authorized shipping area. Excluded territories may change at any time at Eargo’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 Service, 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.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges 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 Service 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.
We describe our merchandise and include pictures and photographs on our Services, 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 Service are subject to change at any time without notice. The inclusion of any products on this Service at a particular time does not guarantee that such products will be available.
In addition, the Service may include inaccuracies or errors including pricing errors. Eargo reserves the right to correct any pricing errors on the Service and/or pending Orders made under an incorrect price. In such event, if available, Eargo will offer you the opportunity to keep your pending Order at the correct price or Eargo will cancel your Order without penalty.
To place an Order, you must be over 18 years old, and entitled to purchase a hearing aid device.
RESELLING PRODUCTS PROHIBITED
You may not, under any circumstances, resell any products you purchase from or through Eargo, whether or not you purchased the products through the Service. You represent and warrant that you are buying products from the Services for your own personal use only, and not for resale or export.
RETURNS FOR HEARING AID DEVICES PURCHASED FROM THIRD PARTY DISTRIBUTORS
If you purchased an Eargo® hearing aid device from a third party distributor, you must refer to the third party distributor’s return policy. We will only process returns for hearing aid devices purchased directly from Eargo.
45 DAY RIGHT TO RETURN
If you are not satisfied with your Eargo® hearing aid device or any unopened accessory (the “Device”), you have the option of returning the Device within forty-five (45) days after delivery. As long as the Device is in its original condition (unopened, in the case of an accessory) and has not been damaged or modified (including repaired without our prior written consent) in any way, we will credit back the purchase price to the account used at the time of purchase, less any expedited shipping if any. If the Device returned to us is damaged in any way, you will not receive a refund.
Refunds are processed within approximately five (5) business days of our receipt of your Device. Your refund will be credited back to the same payment method used to make the original purchase on the Service. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
WARRANTY, REPAIR, AND LOSS AND DAMAGE POLICIES
Please visit eargo.com/warranty for current Eargo warranty, repair, and loss and damage policies.
AUTHORIZED USE OF SERVICE: This Service is provided for your personal use only. This Service is not intended for persons under the age of 18. Any other use of the Service requires the prior written consent of Eargo.
UNAUTHORIZED USE OF SERVICE: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Service or any other user's use of the Service, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Service. You may not frame portions of the Service within another web site. You may not resell use of, or access to, the Service to any third party without our prior written consent.
REGISTRATION AND PASSWORDS: In order to access certain services on the Service, you will be required to provide specific information. All information about you must be correct, current and complete, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password, or other security information. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We may suspend or terminate your access at any time with or without notice. Additionally, we may modify or discontinue the Service, with or without notice to you and that we will not be liable to you or any third party as a result of such modification or discontinuation.
PROPRIETARY RIGHTS: Eargo is the owner of or otherwise licensed to use all parts of the Service, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Service belong to third parties that Eargo is authorized to use and display, such as research reports, news articles, third party logos and trademarks and other proprietary materials. These Terms of Service permit you to use the Service for your personal, non-commercial use only. By using the Service, you agree not to copy, distribute, modify, make derivative works of, publicly display, publicly perform republish, download, store or transmit any materials from the Service without the prior written consent of the owner of such materials. None of the material contained on the Service may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Eargo. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Service. Except as expressly set forth in these Terms of Service, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms of Service are reserved by Eargo.
COMMENTS OR MATERIALS PROVIDE OR POSTED BY YOU: You may provide to us with comments, materials, videos, audio, photographs, text, or other content and certain pages on the Service may allow you to post videos, audio, photographs, text, or other content (all of which is referred to as “Content”). You may not post or provide Content that is illegal or that violates these Terms of Service. By posting or providing Content, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and provide the Content and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.
By submitting or posting Content, you grant Eargo the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you provide or post Content, Eargo does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Eargo owns all right, title, and interest in any compilation, collective work, or other derivative work created by Eargo using or incorporating Content. You are solely responsible for anything you may post on the Service or provide to Eargo and the consequences of posting or providing such Content.
NO IDEAS ACCEPTED: Eargo does not accept any unsolicited ideas from outside Eargo including without limitation suggestions about advertising, promotion or merchandising of our products, additions, improvements or enhancements to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Service and/or Eargo, you understand and acknowledge that such idea is not submitted in confidence and Eargo assumes no obligation, expressed or implied, by considering it. You further understand that Eargo shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Eargo. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Eargo an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
LINKS: This Service may contain links to other web sites not maintained by Eargo. Other web sites may also reference or link to our Service. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites.
YOUR MEDICAL INFORMATION: You may provide us medical information, including an audiogram or an audiologist report. You represent that the medical information you provide us, was provided to you by a registered medical practitioner (preferably an audiologist) after appropriate testing.
PRIVACY: The privacy of your personal information (including your medical information) is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy at eargo.com/privacy.
GENERAL DISCLAIMER OF WARRANTIES: SUBJECT TO THE WARRANTY FOR THE DEVICE AND PRODUCTS OUTLINED ABOVE, THE SERVICE, ITS CONTENTS AND ALL TEXT, IMAGES, PRODUCTS (INCLUDING DEVICE(S)), ORDERS, GRAPHICS, AND OTHER INFORMATION, ACCESSIBLE FROM OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (I) THE INFORMATION AVAILABLE ACCESSIBLE VIA THE SERVICE IS ACCURATE, COMPLETE, CURRENT OR FREE OF ERRORS; (II) THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED; OR (IV) THE SITES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF EARGO HEARING, INC., ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THE SITE (THE “RELEASED PARTIES”) FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE AND/OR THE PRODUCTS OR DEVICES PROVIDED BY THE RELEASED PARTIES IN CONNECTION WITH YOUR ORDER, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO THE RELEASED PARTIES IN CONNECTION WITH THE APPLICABLE PRODUCTS (INCLUDING THE DEVICE(S)), SERVICE, OR PROMOTION GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELEASED PARTIES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF THE COMPANY. ADDITIONALLY, IN NO EVENT SHALL EARGO BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SERVICE, ITS CONTENTS AND ALL TEXT, IMAGES, PRODUCTS (INCLUDING DEVICE(S)), ORDERS, GRAPHICS, AND OTHER INFORMATION, ACCESSIBLE FROM OR AVAILABLE THROUGH THE SERVICE, EVEN IF EARGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, services and experiences available through the Service. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this Service, or purchasing any products.
CONTESTS AND SWEEPSTAKES: On occasion Eargo may sponsor Contests and/or Sweepstakes (“Promotions”). The Promotions will be governed by these Terms of Service, while each individual Promotion will prominently feature additional rules (including but not limited to run-period, eligibility requirements, entry locations, prizes, etc.) (“Official Rules”). By participating in the Promotions, each entrant agrees to be bound by these Terms of Service and the Official Rules and by the decisions of Eargo, which shall be final and binding on all matters pertaining to the Promotions. The Promotions shall be subject to all federal, state and local laws and regulations and shall be void where prohibited by law.
INDEMNIFICATION: You agree to indemnify, defend and hold harmless Eargo, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives 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 of Service (ii) any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Service; (iii) your use of any information obtained from the Website; (iv) your use of the Device or any other product purchased from the Services; or (v) your failure to comply with applicable law.
SEVERABILITY: If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
WAIVER; REMEDIES: The failure of Eargo to partially or fully exercise any rights or the waiver of Eargo of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right by Eargo or be deemed a waiver by Eargo of any subsequent breach by you of the same or any other term of these Terms of Service. The rights and remedies of Eargo under these Terms of Service and any other applicable agreement between you and Eargo shall be cumulative, and the exercise of any such right or remedy shall not limit Eargo’s right to exercise any other right or remedy.
If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated Eargo contact at the following email address: legal@eargo.com
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE: Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
SURVIVAL: The provisions “General Disclaimer of Warranties,” “Limitation of Liability,” “Choice of Law, Arbitration, Class Action Waiver,” “Indemnification” and “Proprietary Rights” will survive the termination of these Terms of Service.
INTERNATIONAL ACCESS: Our Service is 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 Service. We make no representations regarding the legality of this Service 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.
FORCE MAJEURE. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Service, 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.
GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER (IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS). YOU HEREBY EXPRESSLY CONSENT TO BINDING ARBITRATION BEFORE ONE ARBITRATOR, TO BE ADMINISTERED BY JAMS IN SAN FRANCISCO, CALIFORNIA FOR ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING IN CONNECTION WITH THESE TERMS OF SERVICE, YOUR ACCESS OR USE OF THE SERVICE, AND YOUR PURCHASE AND USE OF ANY PRODUCTS FROM THE SERVICE. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST EARGO, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Eargo is a party to the proceeding. If any provision of this section regarding dispute resolution and governing law is found unenforceable, the unenforceable provision will be severed and the remaining terms will be enforced.
QUESTIONS: Should you have any questions regarding these Terms of Service you may contact us at support@eargo.com.
These Terms of Service are effective and were last updated on February 13, 2023.