Terms of service

Welcome to PureSound Solution. These Terms of Service ("Terms") govern your access to and use of the PureSound Solution website ("Website") and the purchase and use of our Over-the-Counter (OTC) hearing aid products ("Products"). By accessing or using our Website and purchasing our Products, you agree to be bound by these Terms, our Privacy Policy, and our Refund Policy. Please read these Terms carefully before proceeding. If you do not agree with any part of these Terms, you must not use our Website or purchase our Products.

1. Acceptance of Terms

By accessing and using the PureSound Solution Website, you affirm that you are at least 18 years of age and have the legal capacity to enter into this agreement. You agree to comply with all applicable laws and regulations regarding your use of the Website and purchase of Products. By using our Website or purchasing our Products, you agree to these Terms, as well as our [Privacy Policy] and [Refund Policy]. If you do not agree with any part of these Terms, please do not use our Website or make a purchase.

2. Over-the-Counter (OTC) Hearing Aids Disclaimer

PureSound Solution sells Over-the-Counter (OTC) hearing aids as defined by the U.S. Food and Drug Administration (FDA). Our Products are intended for use by adults aged 18 years or older who have perceived mild to moderate hearing loss. Our Products are not intended to diagnose, treat, cure, or prevent any disease, nor are they intended to compensate for severe hearing loss or other medical conditions. If you have severe hearing loss, sudden hearing loss, or any other medical concerns related to your hearing, we strongly advise you to consult with a licensed hearing healthcare professional. FDA Disclosure: PureSound Solution Products comply with the FDA regulations for OTC hearing aids. The FDA has established a new category of OTC hearing aids to improve access to hearing technology for adults with perceived mild to moderate hearing loss. Our Products meet the output limits, labeling requirements, and other controls set forth by the FDA in 21 CFR Part 800.30.

3. No Medical Advice; Not a Substitute for Professional Care

The information provided on this Website, including product descriptions, articles, and any customer service interactions, is for informational purposes only and does not constitute medical advice, diagnosis, or treatment. It is not a substitute for professional medical or audiological evaluation. PureSound Solution does not provide medical services. Always seek the advice of a qualified healthcare professional for any questions you may have regarding a medical condition or hearing health.

4. No Affiliation with Government or Insurance Entities

PureSound Solution is an independent, private entity. We are not affiliated with, endorsed by, or representatives of any government agency, program, or entity, including but not limited to Medicare, Medicaid, or the Department of Veterans Affairs. We are also not affiliated with any private insurance companies. We do not process insurance claims, and we do not guarantee that your purchase will be eligible for reimbursement by any insurance provider. It is your sole responsibility to determine if your insurance plan offers coverage for OTC hearing aids and to seek reimbursement directly from your insurer.

5. Product Use and Care

By purchasing and using our Products, you agree to follow all instructions, warnings, and guidelines provided in the Product user manuals and on our Website. Improper use, misuse, or neglect of the Products may result in damage to the Product, injury, or voiding of any warranties. PureSound Solution is not responsible for any damage or injury resulting from improper use of our Products.

6. Pricing and Payment

All prices for Products are listed in U.S. Dollars. We reserve the right to change prices at any time without prior notice. Payment must be received in full before Products are shipped. We use secure third-party payment processors; we do not store your full payment card details on our servers.

7. Shipping and Delivery

PureSound Solution offers free shipping via USPS with tracking for all initial product purchases within the USA. Products will be shipped to the address provided by you during the checkout process. Shipping times are estimates and not guaranteed. PureSound Solution is not responsible for delays caused by shipping carriers or unforeseen circumstances.

8. Refund and Return Policy

Our Refund Policy, available on our Website, governs all returns and refunds. By purchasing our Products, you agree to the terms outlined in our Refund Policy, including conditions for return eligibility, restocking fees, and responsibility for return shipping costs. Specifically, for non-defective products, returns are accepted within 30 days of delivery only if the product is in its original, unopened, and sealed package, subject to a 30% restocking fee and customer-paid return shipping. Defective products are subject to laboratory testing, and refunds are issued only upon confirmation of a manufacturing defect.

9. Limited 1-Year Warranty

PureSound Solution warrants its Products against defects in materials and workmanship for a period of one (1) year from the date of original purchase. This limited warranty covers manufacturing defects under normal use and service. It does not cover damage resulting from accident, misuse, abuse, neglect, improper operation, unauthorized repair or alteration, or any other cause not arising from defects in materials or workmanship. To make a warranty claim, please contact us at Howdy@PureSoundSolution.com. PureSound Solution will, at its option, repair or replace the defective Product. This warranty is non-transferable and is only valid for the original purchaser. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT.

10. Intellectual Property

All content on the PureSound Solution Website, including text, graphics, logos, images, product designs, and software, is the property of PureSound Solution or its licensors and is protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any content on this Website without our express written permission.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PURESOUND SOLUTION, ITS OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "PURESOUND SOLUTION PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PURESOUND SOLUTION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),

  • YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE
    WEBSITE OR PRODUCTS;
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE;
  • ANY CONTENT OBTAINED FROM THE WEBSITE;
  • ARISING OUT OF OR IN CONNECTION WITH:
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
  • IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PURESOUND SOLUTION PARTIES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT.

12. Indemnification and Hold Harmless

You agree to defend, indemnify, and hold harmless the PureSound Solution Parties from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:

  • Your access to or use of the Website or Products;
  • Your violation of these Terms;
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right;
  • Your violation of any applicable laws, rules, or regulations.

This indemnification obligation will survive the termination of these Terms and your use
of the Website and Products.

13. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND LIMITS YOUR ABILITY TO BRING A LAWSUIT IN COURT.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Products, including the determination of the scope or applicability of this arbitration agreement, shall be resolved exclusively by binding arbitration held in Orange County, California. The arbitration shall be administered by JAMS (Judicial Arbitration and Mediation Services) and conducted in person before a single arbitrator. The consumer or purchaser shall be responsible for paying arbitration fees, including the arbitrator’s fees and administrative costs, in accordance with the rules of JAMS and applicable California law, which caps consumer arbitration fees at $250. PureSound Solution shall be responsible for any arbitration fees exceeding this amount. The maximum award that may be granted to you in any arbitration shall be limited to the actual purchase price paid by you for the specific Product(s) directly related to the dispute. This limitation on damages is a material term of this agreement. This arbitration agreement does not prevent either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Waiver of Class Action and Jury Trial: You and PureSound Solution agree that any arbitration shall be limited to the dispute between PureSound Solution and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You and PureSound Solution agree that by entering into this agreement, you and PureSound Solution are each waiving the right to a trial by jury or to participate in a class action. You expressly waive any right to bring a lawsuit in any state or federal court, including small claims court, for any dispute arising from or related to your purchase or use of our Products or Website, except as expressly provided herein for provisional remedies in aid of arbitration.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Orange County, California, for purposes of enforcing the arbitration agreement or for any matters not subject to arbitration.

15. Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

16. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and PureSound Solution regarding your use of the Website and Products and supersede any prior agreements or understandings, whether written or oral.

17. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website or Products after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website and Products.

18. Compliance with Laws and Regulations

PureSound Solution operates in compliance with all applicable federal, state, and local laws and regulations concerning the sale of OTC hearing aids. This includes, but is not limited to, regulations enforced by the U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC). We continuously monitor regulatory changes to ensure our practices remain compliant. Any claims made on this Website or in our advertising are truthful and substantiated, adhering to FTC guidelines for advertising medical devices and health products.

19. No Waiver of Rights by PureSound Solution

No failure or delay by PureSound Solution in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.

20. Release of Liability and Assumption of Risk

By purchasing, receiving, and/or using any Product from PureSound Solution, you, the purchaser/user, for yourself, your heirs, executors, administrators, and assigns, hereby release, waive, discharge, and covenant not to sue PureSound Solution, its owners, members, directors, officers, employees, agents, affiliates, successors, and assigns (collectively, the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by you, or to any property belonging to you, whether caused by the negligence of the Released Parties or otherwise, while using the Products or interacting with the Website. You acknowledge that you are voluntarily purchasing and using the Products with full knowledge of the inherent risks involved and hereby assume all such risks. You understand that this release of liability is a material term of your purchase and use of the Products and that PureSound Solution would not sell Products to you without your agreement to this release.

21. No Harm Clause

You agree that you will not use the Products or the Website in any way that causes, or may cause, damage to the Products, the Website, or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. You further agree not to use the Products or Website in any manner that could harm, disable, overburden, or impair any PureSound Solution server, or the network(s) connected to any PureSound Solution server, or interfere with any other party’s use and enjoyment of the Website.

22. Communication

For all inquiries, requests, notices, or communications regarding these Terms, our Products, or any other matter, please contact us via email at:

Email: Howdy@PureSoundSolution.com

We aim to respond to all communications within 24 business hours, Monday through Friday. Please note that communications sent outside of these hours will be addressed on the next business day.

By purchasing and using our products, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.